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Will My Criminal Record Show Up on a Background Check?

According to the National Association of Professional Background Screeners (NAPBS), 95% of companies will conduct some type of background check during the hiring process. That means if you are applying for a new position, your potential employer might look at your criminal history before making a selection decision.

If you have ever had a run-in with the law, you might be wondering what information the organization will get concerning your record. The answer to that depends on how extensive the company’s search is and what type of position you’re applying for. For instance, a financial institution might conduct a thorough criminal history check because the position deals with money and other people’s personal data such as bank account information and Social Security Numbers.

Why Do Employers Check Criminal History?

Employers conduct background checks for different reasons. They could be looking to verify the information you put on your application. For example, some companies will ask if you have been convicted of an offense or if you are currently being investigated for a crime. If either situation applies to your circumstances, but you fail to acknowledge it, the inconsistency might raise a red flag for the employer.

The company you’re applying for might also conduct a background check to protect themselves from liability issues. Say you’re seeking a position as a bus driver, but have been convicted of a DUI. If the employer does not know that before hiring you, and you cause an accident, they could be held liable for damages.

When Can an Employer Run a Background Check?

The Fair Credit Reporting Act sets the standards companies must follow when requesting criminal background checks. Before an employer can initiate one, they must let you know that they are doing it and ask for your consent to move forward. Once they have permission to run the report, they might hire a third-party company to conduct it.

What Type of Criminal Information Can a Company Access?

In Nevada, potential employers are limited on what kind of information they can get. Generally, only conviction and parole or probation information will show up on a background check. Typically, data involving arrests or sealed records are not available. However, if you are applying for a government job, your potential employer could obtain criminal information that has been removed from your public record.

What Rights Do You Have?

Under Title VII of the Civil Rights Act of 1964, employers cannot use criminal history information to discriminate against a potential employee. If the company decides not to move forward with the hire, they must be ready to provide justification for their decision.

The employer must show that they looked at the entire circumstances, including:

  1. The type and level of offense
  2. The nature of the position
  3. The length of time between the offense and employment application process

Background check information is not always accurate. Therefore, it’s important to do your own research before applying for a job. If you obtain a copy of your criminal record and data is misreported, dispute the information to get the matter cleared up before it impacts your ability to get hired.

For Skilled Legal Guidance, Contact the Law Offices of Kenneth A. Stover

If you were charged with an offense, a conviction could show up on your criminal record, affecting you for the rest of your life. Understanding the seriousness of allegations, our attorney will fight hard to protect your rights and work toward a favorable outcome on your behalf. If you were arrested or convicted, we can also guide you through the record-sealing process to keep the information from appearing on most background checks.

We are ready to provide effective legal counsel in Reno. Schedule your free consultation by calling us at (775) 502-1575 or contacting us online.