Applying for Government Jobs with Sealed Record
My question involves labor and employment law for the state of: Nevada
In Nevada, 1997 I defended myself in a fight, and was charged with NRS 200.485 Domestic Battery, also convicted.
During these 18 years I have feared that my lack of employment success had much to do with this, even after the limitation had passed. While there is no proof that employers choose to discriminate in the hiring process based on what they dig up, (because you will never know) it is now of great importance to me as my work interest brings me to the edge between private sector and government. I intend to apply for both city, state, and federal positions.
It was only last year have I gone through the court to petition myself an Order to Seal Records. The whole process took 6-7 months, but was entirely cost-free by doing all legwork myself. My written correspondence proved fruitful; the local police department, the court, city attorney's office, FBI, and Nevada State Repository. I had a positive experience with all of them, especially when the FBI even worked on my behalf with the Repository.
I now have in possession a signed court order which states: "All proceedings recounted in the sealed records are deemed never to have occurred, and Petitioner may properly answer accordingly to any inquiry, including without limitation an inquiry relating to an application for employment, concerning the sealed arrest, conviction, dismissal, or acquittal." Notice that the words 'without perjury' are not included.
While I am happy for this, it still poses a burning question. I've read that when private sectors perform background checks my battery charge will not resurface from third party engines like Lexis or Accu-check. Is there anywhere else it might in the private sector? And when the check is performed by state or federal, there is no way around it; some agencies will see a sealed record. If the agency running the check is for administrative work for federal government, but their department is not law enforcement, can they see the sealed record?
This leads to third question, because I am about to check off some boxes on a federal application, specifically asking if I have a misdemeanor battery. According to my legal order I have in my hands, I am free to check NO. Am I safe in doing so even when I KNOW the agency will know? Legally now, I am entitled to check 'no' for every one of those boxes that ask about arrests or convictions, the private sector is not a worry. But when it comes to submitting fingerprint checks they will know. I'd like to answer no on gov applications without having recourse when they see it come back positive.
Re: Applying for Government Jobs with Sealed Record
For the state statute describing who may access sealed records and under what circumstances, See NRS Sec. 179.301.
Federal agencies are not bound by state court orders. You should follow the instruction on the form, to the letter. Sometimes you will be required to disclose that you have a sealed conviction.
Re: Applying for Government Jobs with Sealed Record
Further, many government positions that are security sensitive include closed record items. To complicate the issue further, any open checks done during the past 18 years may have resulted in the recording of the crime. So even though it may not be available through the court or police, private background check companies may have it recorded also.