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According to a recent publication released by Inc. Magazine, Nevada is one of the most business-friendly states in the nation. With its relaxed business regulations, low taxes, and a thriving economy – there’s no doubt that the Silver State has tons of amenities and opportunities for business owners and volunteer organizations alike. But what about Nevada background check laws? While NV is a great place to conduct business, there are a few things all recruiters and employers should know about conducting a background check, Nevada laws, and federal laws in order to stay up-to-speed and compliant during the pre-screening process. With this in mind, here are some overarching insights you should know when conducting a basic or criminal background check in Nevada.
How PreSearch Can Help With Background Check Services in Nevada
Whether you need a Las Vegas background check, or a state-wide criminal background check, you can’t afford to take shortcuts. Hiring or recruiting the right person to represent your organization is crucial to your business’s success. The number one tool you have to accomplish long-term, optimal results in your new hires is using PreSearch as your ally. We get you the results you need to assess the most valued, trustworthy candidates that will contribute to the overall mission of your business or organization.
What is a Background Check
As you might surmise, a background check is a process in which a hiring or recruiting organization investigates an individual’s background for the purpose of validating their identity and assessing their past history. Background checks in Nevada are used to determine criminal activity, educational history, past employment history, and more.
Importance of Background Checks in Nevada
Hands down, getting a basic pre-hire screening and/or a Nevada criminal history records check is the most important step any hiring or recruiting party can take in order to determine whether or not a candidate is ideal for the position. Not only do background checks validate the identity of an applicant, they also provide a big picture of who this person is, their experience, qualifications, and even their level of trustworthiness.
Nevada Background Check Laws
Now that we’ve established the importance of getting a state of Nevada background check and what a background check is – let’s take a look at some critical laws regarding obtaining historical records from pre-hires.
Federal Laws on Employment Background Checks
Not only is it essential to abide by Nevada state laws when conducting background checks, but employers and recruiters must also adhere to federal laws when doing pre-screen checks on pre-hires. With this in mind, here are some important federal laws to consider when doing a background check in Nevada.
Civil Rights Act,Title VII
The Civil Rights Act, which was passed by Congress in 1964, was intended to prohibit employers from discriminating against pre-hires based on certain characteristics. Governed by the EEOC (Equal Employment Opportunity Commission), the Act states, among other things, that it is unlawful for employers to discriminate against applicants based on characteristics including (but not limited to) sex, race, religion, gender, national origin, political affiliation, color, etc.
The Fair Credit Reporting Act (FCRA)
Another federal law is the FCRA. This Act dictates how consumer information can be collected, and it also regulates how it can be used. The Fair Credit Reporting act is meant to protect the privacy of consumers so as to avoid fraud or financial injustices. As an employer, if you need to run a credit check on your pre-hires, you must abide by the laws established by the FCRA in order to avoid penalties, fines, or litigation.
Equal Employment Opportunity Commission (EEOC)
As mentioned, the EEOC is responsible for ensuring that individuals have a fair, unbiased pre-hiring process and that they can receive employment regardless of certain characteristics. It is important to comply with EEOC laws in order to avoid lawsuits, penalties, or fines. Essentially, the EEOC ensures that individuals may pursue employment regardless of race, religion, sexuality, etc.
Nevada Employment Background Check Laws
After covering some of the major federal laws, you might now be wondering about Nevada background check laws. That’s understandable, and here are some state laws to consider when conducting a background check in Nevada.
Pre-employment background check laws in Nevada
It’s important to note that Nevada law has limitations regarding what types of information an employer can obtain. It also has laws on how this information is obtained and how it is used. Most importantly, Nevada employers must receive written consent from an applicant before running a background check. This law protects both the applicant and the employer and is unique to Nevada background check laws and should be adhered to in order to avoid running crossways with both state and federal laws.
As of January 1st, 2018, the state of Nevada implemented the “Ban the Box” law. This law states that employers may not ask or inquire if a candidate has a criminal history on an application to be filled out or before an interview is granted. The law is meant to encourage fair hiring and give candidates an opportunity to prove their value without the umbrage of criminal activity before even getting through the first phase (application) of the pre-hiring process.
The Ban-the Box Law does not apply to certain positions such as peace officers, potential employees of the criminal justice system, or firefighters. In these instances, the applicant may be asked or required to reveal they have a criminal history.
NV Background Checks in Certain Industries Such as Gaming and Healthcare
Other positions in Nevada are subject to different handling. For instance, candidates applying for work in the healthcare and gaming industries may be subject to a fingerprint background check. Credit checks are also more stringent for gaming and healthcare employee pre-hires due to an NV state bill 409 passed by the Senate. This bill states that people who work in highly tempting situations, such as the gaming industry, may be subject to longer credit lookbacks.
Additionally, pre-hires who work in the healthcare industry may be subject to a background check for trusted employees, which is a more detailed report that is tailored to reveal telling data that relates to how a candidate can perform in unique situations in the healthcare field.
Types of Background Checks in Nevada
When it comes to getting a background check, Nevada affords you several different options. Here are a few types of background checks you can conduct in the state if you are an employer, hiring manager, or volunteer recruiter.
Criminal Background Checks
This is perhaps the most requested type of background check, and for good reason. While employers are admonished to discriminate against denying employment to individuals with a criminal history, there are instances when tough decisions must be made. For instance, a criminal background check in Nevada may reveal the candidate’s criminal activity is in clear violation or opposition to the position he or she might be granted. In this instance, an employer must fully document the conflict between the criminal offense and how it negatively impacts the position that would have been granted to the applicant.
Employment Background Checks
This type of background check in Nevada is critical in order to verify an applicant’s identity, work history, and educational background. A basic employment background check reveals whether or not the history an applicant has on his or her resume or application is indeed correct. It further shows that the applicant has earned the appropriate education, credentials and/or work experience required to fulfill the job duties entrusted to them.
How to Get a Background Check in Nevada
There are a few different ways you can get a background check in Nevada. You may opt to go through state or federal agencies, which will provide limited information. For instance, you may opt to get a background report from the DPBH (Dept. of Health and Human Services Nevada Division of Public and Behavioral Health). You can also submit a request for a criminal background check in Nevada from the NV Dept of Public Safety. In either case, you must understand that you will only receive background data on an applicant in the state of Nevada only. You will not be able to see any activity in other states or countries.
Your best option that ensures accurate, timely, and comprehensive histories of applicants is to partner with a reliable company that specializes in services for background checks, such as with PreSearch. With PreSearch you never have to worry about out-of-date information or whether or not your background checks are being executed in compliance with state or federal laws. Our highly detailed, current reports give you the information you need so you can make the best hiring decisions possible.
How Long Does a Background Check Take in Nevada
At this point, you might be wondering about the Nevada background check time frame. As is the case with most government agencies, going through the state of Nevada for background checks can be a time-consuming process. In many instances, state-issued background checks can take days or even weeks to complete. Moreover, the information you receive is not always accurate, and it won’t reveal important details such as employment or educational history.
Alternatively, when you opt for a quick background check through a reputable service such as PreSearch, you can expect to receive results quickly – sometimes on the same day. We have direct contact with legal sources, and our state-of-the-art process is dependable, providing you with legally obtained, accurate, and fast results you need to act quickly for the benefit of your organization or business.
How Far Back Does an Employment Background Check Go in Nevada
As with most states in the nation, the lookback period for background checks in Nevada is seven years. This is in accordance with the federal FCRA legislature. There are some instances in which a background record can look back on the past seven years. For instance, employers can look beyond seven years when uncovering educational or employment history.
What Can Be Found in a Nevada Background Check?
What appears on a Nevada background depends largely on what type of check you’re requesting and what kind of information you need. In general, here are some common details that a well-executed background check in NV will reveal (if you request it).
- Educational background
- Employment history
- Criminal history records in Nevada
- Driving record history in the state of Nevada
- Sex registry data
- Social security number and name verification
Cost of Nevada Background Checks
You can expect to pay around $27 per request if you go through the Nevada Department of Public Safety for a general criminal background check. However, bear in mind that you will only receive limited information from this expense, and it can take a long time to receive results. Alternatively, when you partner with PreSearch we can put a virtual buffet of details right at your fingertips. This makes our services a tremendous value because you are getting the most current, comprehensive background information that results in better hiring decisions.
*a select number of states charge an additional, mandatory, county court fee in addition to our standard service fee.
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