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Interpreting A Nevada Arrest Record

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  • 05-31-2008, 12:48 AM
    gpvegas
    Interpreting A Nevada Arrest Record
    My question involves a background check in the State of: Nevada

    Here again I go right to the source and because I didn't spend three years in law school I just don't get it. Though I appreciate input from people on this forum, I don't appreciate sarcasm (e.g. a reply to one of my posts 'What's not to get?'). Well certainly, a heck of a lot, especially when I read (and re-read) these statutes, it often times seems like not only double-talk, but that a lot of these sentences are open for interpretation. Maybe that's something you learn in Intro to Law your first semester, but seeing how as I never took that, I just don't get it!

    So on to my question, please see these statutes for reference: http://www.leg.state.nv.us/Nrs/NRS-1...#NRS179ASec090

    It seems to me that if I apply with a private company and consent to a background check (non-fingerprinted, and use the generic employer-created release form), that the State of Nevada can only produce (disseminate, yea, my new legal jargon) records of conviction (not related to sex offense, or to private employers involving children). So, the employers could NOT, without getting my fingerprints and having me sign the NV public records official form, see my arrest records? Or am I not interpreting this correctly?

    Because I have one conviction GROSS MISD.: attempted uttered use of a forged instrument (e.g. attempted to deposit a false check). My arrest on the other hand, lists a whole slew of charges that were dropped by the time I posted bail two days later and got out.

    I had an employer check my record and it showed up as a felony (whether conviction or arrest, they did not tell). They did not disclose the reporting agency, and I don't know how to check but I did check with ChoicePoint and my record is clear.

    In sum, my two questions are: For Nevada, can a private employer (non-agency related, non-children related), obtain my arrest record without my fingerprints and specific release; and two, where in the heck are these employers getting my arrest information if it's not in the public record Clark County NV database? Like I said, ChoicePoint shows a clear record, no arrests... It's easy for people to challenge credit reports since they know the source (e.g. Experian), but where are they getting this info??? Thank you kindly! Also, if these arrests are public for private employers without the consent, can I get them sealed (I will hire a lawyer for that)? Help! :mad:
  • 06-02-2008, 06:25 AM
    Mr. Knowitall
    Re: Interpreting A Nevada Arrest Record
    Quote:

    Quoting gpvegas
    View Post
    Though I appreciate input from people on this forum, I don't appreciate sarcasm (e.g. a reply to one of my posts 'What's not to get?').

    And yet you think those of us who volunteer here trying to help appreciate that attitude? I know I don't.
    Quote:

    Quoting gpvegas
    So, the employers could NOT, without getting my fingerprints and having me sign the NV public records official form, see my arrest records? Or am I not interpreting this correctly?

    You mean they can't get the records from the state? That's what the statute indicates. But there are private entities that provide criminal records, and as private entities they are not restricted by laws that relate only to state agencies.
    Quote:

    Quoting gpvegas
    For Nevada, can a private employer (non-agency related, non-children related), obtain my arrest record without my fingerprints and specific release; and two, where in the heck are these employers getting my arrest information if it's not in the public record Clark County NV database?

    They are most likely getting the information from a private entity. There are hundreds of private companies that offer criminal background checks, so unless they tell you there's no way to know which one they are using.
    Quote:

    Quoting gpvegas
    Also, if these arrests are public for private employers without the consent, can I get them sealed (I will hire a lawyer for that)?

    Nevada law provides,
    Quote:

    Quoting Nevada Revised Statutes, § 179.255 Sealing records after dismissal or acquittal: Petition; notice; hearing; order.
    1. If a person has been arrested for alleged criminal conduct and the charges are dismissed or such person is acquitted of the charges, the person may petition:
    (a) The court in which the charges were dismissed, at any time after the date the charges were dismissed; or

    (b) The court in which the acquittal was entered, at any time after the date of the acquittal, for the sealing of all records relating to the arrest and the proceedings leading to the dismissal or acquittal.
    * * *

    As I interpret the statute, as you were not acquitted of all charges, you could not seal all of the information pertaining to the arrest and charge; and the court doesn't have to grant you any relief. I also don't know that sealing the record will help you in relation to private databases containing your unsealed record. So yes, it makes sense to talk to a local lawyer.
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