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  1. #1
    Join Date
    Jan 2008
    Posts
    8

    Default 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!

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