Guide to Nevada State Background Checks

While background checks can be a valuable tool in the hiring process, it’s essential that employers comply with local, state, and federal laws and fair hiring practices. In this guide, we’ll take an in-depth look at what you need to know to conduct compliant background checks in Nevada.

A Nevada background check is a search of different public records and databases, providing information about a candidate’s history that goes beyond an application or resume. This may include criminal history, driving records, credit history, and more. Background screenings may also verify information such as education and employment history. 

Roles in regulated industries, like healthcare, may legally require employers to conduct specific background screenings. Employers can choose to conduct Nevada background checks in-house or partner with a qualified consumer reporting agency (CRA), like Checkr.

A background check can help employers confirm a candidate has the necessary qualifications for the role they’re trying to fill and may offer insight into a candidate’s history that doesn’t show up in other areas of the hiring process. Pre-employment screenings can help employers maintain a safe and productive work environment, mitigate risk, and protect their brand.

Some Nevada employers may be required by law to complete background checks. For example, certain agencies and facilities within the Department of Health and Human Services Nevada Division of Public and Behavioral Health (DPBH) must conduct pre-employment screenings on candidates who work with children, the elderly, people with disabilities and other vulnerable populations as well as those who work in healthcare settings. Teachers are also required to undergo a background check before their first day of employment.

Even when not required by law, many employers choose to conduct comprehensive background checks to mitigate risk and make informed hiring decisions.

What appears on a pre-employment background check in Nevada depends upon the type of search conducted; federal, state, and local laws regulating background checks; and the employer’s background screening policy.

Here are some common background screenings that Nevada employers may conduct and what may be reported:

Offenses that may disqualify a candidate from employment vary depending on the law, the position they’re applying for, and the employer’s background check policy. For example, in Nevada, convictions for certain crimes, including sex offenses, murder, and abuse or neglect of a child or elderly person automatically disqualifies a candidate from working for certain agencies and facilities within the DPBH. In situations where the law does not preclude a person from being hired for a specific role, the decision to disqualify a candidate lies with the employer.

Background check requirements in the state of Nevada vary by industry, position, and employer’s screening policies. Nevada has a statewide Ban the Box law as well as additional fair hiring laws to help prevent discrimination during the hiring process. Employers that are unsure which Nevada employment background check laws apply may want to follow the strictest guidance available and consult with legal counsel to mitigate the risk of legal liability.

Summary: This statewide law prohibits employers from asking about a candidate’s criminal history until after the final in-person interview or a conditional offer of employment is made. Employers are also prohibited from considering arrests that did not result in a criminal conviction, convictions that were dismissed or sealed, and misdemeanors without a jail sentence when making employment decisions. If a candidate has a criminal record, you must consider the nature of the offense, when it occurred and whether it’s related to the position before deciding whether to disqualify them.

Exceptions to Nevada’s Ban the Box law include peace officers, firefighters, and positions with access to the Nevada Criminal Justice Information System or National Crime Information Center. The law also does not apply to private-sector employers. See law.

Summary: Employers are prohibited from asking about a candidate’s salary history at any time during the hiring process. If a candidate voluntarily offers details about their previous compensation, employers cannot use the information to determine the candidate’s salary. Employers must let candidates know the salary range for the role and may ask a candidate about their compensation expectations. See law.

Summary: Employers are prohibited from conducting a credit report as a condition of employment, except in limited circumstances. The law makes exceptions for positions where checking a candidate’s credit is related to the position they’re trying to fill or when the employer believes a candidate may be involved in illegal activity. This law does not apply to employers that are required by law to conduct credit checks on candidates. 

The law also includes a provision that prohibits employers from requiring candidates to give them access to their social media accounts. You may not request a candidate’s user name or password to their social media accounts. See law. 

Summary: Individuals in Nevada who have been convicted of certain crimes may request their criminal records be sealed if certain conditions are met. If the request is granted and the records are sealed, the information in a sealed record will not appear on a Nevada background check. Crimes that would automatically disqualify a candidate from working in certain industries, such as childcare and elder care are not eligible to be sealed.

Some agencies, including the Nevada Gaming Control Board, Nevada Gaming Commission, the Division of Insurance of the Department of Business and Industry, and some professional licensing boards, can see sealed records. See law.

Summary: This law limits the reporting period for certain types of consumer records. Bankruptcies can only be reported for 10 years, and civil judgments and criminal proceedings that did not result in a conviction may only be reported for seven years. See law.

Summary: Employers that work with CRAs to conduct background checks must also comply with FCRA requirements. This federal law requires employers to provide written disclosure of their intent to conduct a background check and obtain written consent prior to moving forward. Employers must also follow the adverse action process should the results of a background check negatively impact a hiring decision. See law.

In addition to Nevada’s statewide Ban the Box law, a local Ban the Box law applies to city employers in North Las Vegas.

Turnaround times for employment background checks in Nevada depend on the scope of the search, availability of records, and whether your hiring team completes the check or you work with a background check provider. Tasks like contacting previous employers, requesting public records, or coordinating drug screenings can contribute to longer turnaround times, especially when done manually.

Working with a background check provider, like Checkr, can return results faster. Our advanced technology and automation eliminate manual workflows and help speed the process to deliver fast, accurate background checks so you can fill roles more quickly. In fact, 89% of all criminal checks, including county searches, complete in under one hour.

Employers can choose to perform Nevada background checks manually or partner with a qualified CRA. You can order some types of Nevada background checks online. For example, authorized Nevada employers can run a Civil Name Check, which is a name-based criminal record search, through the Nevada Criminal Justice Information System (NCJIS). 

Individuals may request a fingerprint-based Nevada criminal background check themselves by submitting a request to the Nevada Criminal History Repository. However, the report only includes Nevada records. It doesn’t include criminal records from other states or a federal criminal record check from the FBI.

Employers hiring for positions that require candidates to operate a motor vehicle or heavy machinery may order driving history reports from the Nevada Department of Motor Vehicles. However, you must obtain a notarized release from the candidate giving you permission to request a copy of the record.

Employers often find that conducting background checks internally can be time-consuming and resource-intensive. That’s why many choose to work with a CRA, like Checkr. Our access to databases and court researchers across the county, along with automated workflows, streamline the screening process, improve accuracy, and provide faster results. Built-in compliance tools help mitigate risk and support FCRA-compliant background checks.

The lookback period for a Nevada background check depends on the type of screenings you conduct and whether your hiring team completes them or you partner with a CRA. Employers that work with a CRA must adhere to FCRA requirements, and all employers must adhere to the requirements included in Nevada’s consumer reporting law. 

The FCRA and Nevada’s consumer reporting law limit the reporting period of tax liens, civil judgments, accounts sent to collections, and arrests that didn’t result in a conviction to seven years. The reporting of bankruptcies under both laws is limited to 10 years. The FCRA’s reporting limitations may not apply to positions with an annual salary of more than $75,000. However, under Nevada’s state law, there are no exceptions based on salary. 

Some states also limit the reporting of criminal convictions to seven years. However, there is no seven-year background check restriction in Nevada. A Nevada criminal background check may return results indefinitely. There is also no reporting limit for education or employment verifications.

Pricing for a state of Nevada background check varies based on the screenings included, search volume, and who is conducting the search. 

For example, a federal criminal record check through the Federal Bureau of Investigation (FBI) costs $13.25.  The processing fee for a Nevada criminal history record check, which includes a fingerprint-based search of the state’s Criminal Repository and FBI check is $40.25 when you order it from the Nevada Department of Public Safety. The price of a Civil Name Check ordered through the Central Repository is $20. A Nevada MVR ranges from $5 to $10, depending on the type of report you need.

Partnering with a background check provider, like Checkr, is often more cost-effective and can free up your hiring team to work on other parts of the hiring process. Checkr offers customizable packages, allowing you to pay for only the screenings you need based on your industry and background check policy.

Background checks can help Nevada employers maintain workplace safety, mitigate organizational risk, and protect their brand. Checkr offers multiple background screening options, with fast, accurate results. Our modern technology creates a streamlined experience for human resources teams and candidates alike while built-in workflows make it easier to manage risk and ensure consistency across your team. Get started with Checkr.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.

About the author

Jennifer writes about a variety of topics, including background checks, employee benefits, small business insurance, risk management, workplace culture, and more. Her work includes educational articles, blogs, e-books, white papers, and case studies.