what states prohibit pending charges on a background check

This article covers everything you need to know about pending charges, and what they mean for employers and applicants with such charges. Only record sealing can do that. Reporting cases that did not result in a conviction: Criminal record information often includes instances where a person has been charged, but not convicted of a crime. The cookie is used to store the user consent for the cookies in the category "Other. Though there are restrictions: Some Nevada criminal records are sealable. Many states in the country have no laws banning or restricting the use of arrest information for employers. No questions to this effect are permitted on the job application. Pending criminal charges may show up, although some states, like Kentucky, wont ever show pending charges. However, in some cases, there is the need for further review. There are currently eight states (California, Connecticut, Delaware, Hawaii, Maine, Massachusetts, Oregon and Vermont), three counties (Albany, Our blog is a dedicated resource for providing prospective on how you can use a background check to be sure. In 1998, Hawaii became the first state in the country to eliminate the box for both public and private employers. Public employers that are part of the state government, and private companies with 15 or more employees. Some states apply a hybrid approach of time and classification restrictions for some offenses. While the box-banning campaign and the Fair Chance movement are often treated as synonyms, ban the box is just one piece of a broader movement. Read our post , Many states now have a ban the box law on the books. Everyone is encouraged to see their own healthcare professional to review what is best for them. These cookies track visitors across websites and collect information to provide customized ads. Employers cannot ask about past criminal activity in any capacity until after the first job interview, or until after a conditional job offer if there is no interview. Because of these factors, employers need to be vigilant about keeping up with the latest laws in their local jurisdiction and state. In California, all pending charges and arrest details will show up on a background check. NERC or EEOC may be able to mediate or settle the claim. Some of these laws restrict employers from inquiring about criminal history until after the first interview or after they make a conditional offer of employment. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. WebWest Virginia has no laws restricting consideration of criminal record in employment, including limits on application-stage employer inquiries. We also provide educational resources to help our customers understand variations in background check laws and how those variations can impact the hiring process. What crimes can disqualify you from being an insurance agent? Learn about this movement to find out where banning the box legislation has been passed, whether these laws apply to you, and how your organization can comply with this legislative trend. The state has officially banned the box for priva Koch Industries, one of the biggest private companies in the world, has officially banned the box. Public employers operating within the Kentucky executive branch. Local state, county, and city fair hiring laws, also called ban the box laws, prohibit employers from asking about past convictions or incarceration on job application forms.The laws typically allow employers to inquire about criminal convictions (including DUIs) and factor them into the hiring process, but only later in the hiring The information contained on this site is the opinion of G. Blair Lamb MD, FCFP and should not be used as personal medical advice. Employers should be aware of restrictions in the states of: Hawaii, New York, Pennsylvania, and Wisconsin. Unfortunately, the current structure of banning the box legislation makes it more challenging for employers to understand their obligations. They are truly an attorney group that cares for those going through hard times. We have already discussed the confusing nature of the patchwork legislation in the U.S., which can place an extra burden on employers and lead to accidental lapses in compliance. 11 states that prohibit employers from asking about any information on transcripts such as college disciplinary action, criminal offences, and pending charges and convictions. Overall, most US states have state laws similar to Californias and tend to report both felony and misdemeanor pending charges. Please enable scripts and reload this page. States have imposed restrictions in the following ways: Procedural Requirements: Some states have enacted laws that require additional disclosure language in addition to what is mandated in the FCRA. It is an investigation of your consumer and criminal history. limitations on the use of credit reports for employment purposes. Employers can keep up to date with recent banning the box developments by following our blog, which often covers topics related to the Fair Chance employment movement. Banning the box has also gained a foothold in higher education, with colleges and universities becoming more interested in fairly admitting students with criminal backgrounds. In most of these states, Rosenberg said, an employer may not ask about or take adverse action based on an individuals arrest record if the arrest is no longer pending and was resolved favorably to the individual. But the risk is exaggerated. Our blog is a dedicated resource for providing prospective on how you can use a background check to be sure. These legislative requirements are part of a broader Fair Chance employment movement. See how we help tailor your background checks to your industry or segment. All states in the US treat the reporting of pending charges differently. Public employers hiring for non-civil service positions that fall under the jurisdiction of the governors office.

Ban the box laws encourage employers to consider criminal histories on a case-by-case basis rather than rejecting all applicants who check a crime records box on a job application or report specific types of criminal history. Each state has a repository of criminal history information containing records from its counties. Call our Las Vegas criminal defense attorneys. Especially as the campaign started picking up steam a few years ago, professionals often mistakenly interpreted it as a ban of all criminal checks for hiring purposes. SEVEN-YEAR STATES: California, Colorado, Kansas, Maryland, Massachusetts, Montana, Nevada, New Hampshire, New Mexico, New York, Texas, and Washington. Employers are prohibited from inquiring about a candidates criminal background before the first interview. Previous Salary: With rising concerns about pay equality, legislators are now passing laws that limit What if my criminal record is inaccurate? Don't hesitate to contact us if you're offering a solution or service you would like featured, or if you would like to contribute to the blog. The EEOC enforces federal laws that make it illegal to discriminate against a job applicant or an employee because of the persons People with criminal records are eligible to apply to most federal jobs, however there are some exceptions. At backgroundchecks.com, we are proud to offer a state background check solution for all 50 states. Chapter 44), Prohibited Categories (18 U.S.C. We are likely to see more laws about crimes involving marijuana use, Rosenberg said. These cookies ensure basic functionalities and security features of the website, anonymously. Some employment advocates claim that offering more gainful employment opportunities for ex-offenders can reduce recidivism and prevent crime. Employers must delay inquiries about a candidates criminal past until the job interview or until after a conditional employment offer is made if there is no job interview. Any private or public employers with five or more employees.

Credit Reports: There are multiple jurisdictions that limit the use of credit reports in the hiring process. Background check programs and companies often gather public information from sources such as: Court records. On the other hand, those same convictions have a very minor relationship to an office job and wouldnt necessarily be legal grounds for an employer withdrawing a conditional hiring offer. Arrests pending prosecution may also be reported. Eight states have restricted the use of this information in a background report. The majority of these states include an exception that the information is reportable if the case is still pending. These types of restrictions are found in the following states: California, Hawaii, Indiana, Kentucky, Massachusetts, Michigan, New Mexico and New York. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Ban-the-Box Movement The 18 states are: California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico, Ohio, Oregon, Rhode Island, Vermont and Virginia. Most banning the box legislation also places other restrictions and requirements on employers. Several states, counties and cities have passed laws against asking about or searching for an applicants criminal record. If a relevant law or ordinance is on the books, review the language of the law closely to determine whether it applies to your company. In Arkansas, only felony charges will be shown, while misdemeanor charges are not included. Public employers must remove questions about criminal information from their job applications and delay other similar inquiries until after they have determined that a candidate is qualified for the job in question. In these states, hiring If the new license is not obtained within 60 days, your Utah nonresident license will be inactivated for failure to maintain a home state license. National background checks have virtually the same advantages and disadvantages as state background checks, only on an even broader scale. In Nevada, dismissed cases are sealable right away. In Arkansas, only felony charges will be shown, while misdemeanor charges are not included.

The law doesnt include any details about when employers can run background checks; it simply prohibits employers from asking the question on the job application. The remaining 13 states perform their own checks through the NICS. Questions about the efficacy of banning the box often lead to a discussion about the trends pros and cons. In Massachusetts, employers may not inquire about convictions more than five years old. Please purchase a SHRM membership before saving bookmarks. What states prohibit pending charges on a background check? More than 100 cities and counties and 18 states have placed restrictions on an employers ability to inquire into an applicants criminal history, including the content and timing of such questions, according to No questions pertaining to this subject on the job application. California , on the other hand, allows all pending charges to be included in a background check, and employers can even opt to be notified should those pending charges result in conviction. Access to this research is free for you now too. In these states, it is illegal for employers to ask about criminal history on a job application. The Compliance staff will then research the matter. managers must wait until at least the first job interview to inquire about an individuals criminal history. All public employers, with the exception of public school districts. Criminal background inquiries in any form are illegal until after a candidate has completed the initial job interview. Our Las Vegas criminal defense lawyers have helped many people avoid conviction, avoid jail, and keep their records clean. Sec. Administrative assistant, Jacobs Petroleum Products, I appreciate backgroundchecks.com for its easy-to-use interface and excellent customer service. As you can see, these laws are complex and vary from one jurisdiction to another. Get the right background check for every job. Analytical cookies are used to understand how visitors interact with the website. We offer consultations. Virginias marijuana decriminalization law from 2020 bisects with ban the box, prohibiting all employers in the state from requiring candidates to disclose past arrests, criminal charges, or convictions related to marijuana possession. (Cal. If you are looking for an alternative to surgery after trying the many traditional approaches to chronic pain, The Lamb Clinic offers a spinal solution to move you toward mobility and wellness again. Employers are not permitted to ask these types of questions before the first job interview. Along with county checks, a state records search can provide peace of mind to employers by widening the scope of the background check process. Otherwise, most of these laws currently apply only to public employers. For this reason, a combined approach that involves using all types of background searches is advised to get the best and most accurate results, particularly when looking out for pending charges. Counties report into these repositories on an ongoing basis, creating larger databases of criminal background information that span a wider geography than an individual county-level search. Staffing firms fill large numbers of jobs for their clients. Like any other big decision, it is best to gather as much information as possible, and consider every indicator before employing an applicant with a pending charge on their report. No questions about conviction history are allowed on employment applications. Local governmentsincluding city, town, township, or county officesare not required to follow these laws. The FBI is required by law to report National Instant Criminal Background Check (NICS) denied transactions to state, local, or tribal law enforcement within 24 hours. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { The short answer, from a legal perspective, is yes, according to experts. What is more important to keep in mind is that pending charges, just like arrests that didnt result in a conviction, are no proof of a committed crime. The news that the town of Newark, Ohio is considering "ban the box" legislation seems like small change when compared to Over the past decade, few trends in background checks have been more notable than the wave of Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. The state of Utah is part of the U.S. insurance regulatory framework which is a highly coordinated state-based national system designed to protect policyholders and to serve the greater public interest through the effective regulation of the U.S. insurance marketplace. First of all, applicants need to understand the law. Many of our existing customers asked about post Covid workplace models. In Wisconsin, employers may refuse to employ, or suspend from employment, any individual who is subject to a pending criminal charge, but only if the circumstances of the charge substantially relate to the circumstances of the particular job. Employment verification. NY; Suffolk, NY; Westchester, NY) and several cities (Kansas City, New York, Philadelphia and San Francisco) that have limitations on asking about previous salary. Consult with an experienced attorney right away. WebAnd always ask for a copy of any background check, consumer credit, or investigative report that an employer has on you. As discussed below, the seven-year rule doesn't apply to criminal background checks. None of these limitations states that employers can't disqualify applicants based on past convictions. Code 1785.20.5.) I dont think that this actually happens very often, she concluded. On the other hand, if the applicant refuses to provide consent, the employer has every right to deny them the job.

Bankruptcies can go back as far as 10 years. Employers must delay inquiries about candidates criminal records until after the initial interview or conditional hiring offer (whichever comes first). In Colorado? WebUnder Washington law, employers asking about arrests must also ask whether: u charges are still pending or have been dismissed u the arrest led to a conviction of a crime that would adversely affect job performance, and u the arrest occurred within the last 10 years.3 What can government employers ask me about? $("span.current-site").html("SHRM China "); Ban-the-Box Movement The 18 states are: California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico, Ohio, Oregon, Rhode Island, Vermont and Virginia. The law only allowed employers to consider criminal activity from the past 10 years. Avoid errors and omissions with backgroundchecks.com. Being accused of a crime, or arrested, does not necessarily mean you will be convicted. Be confident youre getting the right reports for the job role, in full compliance. 922(g) (1)-(9) and (n)), FBI.gov is an official site of the U.S. Department of Justice. The Lamb Clinic provides a comprehensive assessment and customized treatment plan for all new patients utilizing both interventional and non-interventional treatment methods. The cookies is used to store the user consent for the cookies in the category "Necessary". Federal law currently allows a sale to proceed if a background check is not completed in 72 hours. There are 13 states that do not have this legislation of any type in places: Note that new ban the box laws are emerging regularly, both as state or county laws and as city ordinances.

If you think an employer discriminated against you during the background check process, you may contact the EEOC by visiting its website at eeoc.gov or by calling 1-800-669-4000, or 1-800-669-6820 (TTY). Email: sales@justifacts.com. Colorado employers typically request criminal history information and verification of past employment, education, and credentials on background checks. }); if($('.container-footer').length > 1){ The NICS staff performs a background check on the buyer. In California? The law allows hiring managers to consider criminal background details during the interview process, but such information cannot be used to bar a candidate from the interview stage unless they are applying for a job where the state prohibits the hiring of a candidate with a criminal background. Have you been arrested? What states prohibit pending charges on a background check? Doing research before drawing up a job application or deciding when to run a check can help employers to avoid these costly lapses in compliance. In Florida, for example, applicants cannot be disqualified from employment because of a previous conviction unless the crime was a felony or first-degree misdemeanor and directly relates to the employment sought; or if the crime was a controlled substance offense for which the applicant has not completed all prison terms or complied with any drug treatment ordered. FCRA is a federal law. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. For example, Wisconsin prohibits reliance on a conviction unless it is substantially related to the job at hand, while Pennsylvania permits an employer to base a hiring decision on a conviction if it is merely related to the position sought.. It is important to note that laws regarding background checks vary by state. After all, defendants are presumed innocent until proven guilty, so pending charges cant be considered as proof of committing crime. If you live in one of these following states additional disclosure notices will pertain to you: California, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oklahoma and Washington. The church has rejected prospective volunteers because of red flags discovered through the backgroundchecks.com reports. All states in the US treat the reporting of pending charges differently. WebState laws determine what pending charges will appear in a background check. Based on the range they cover, criminal background checks can be split into three categories: county, state, and national background checks. Many of our existing customers asked about post Covid workplace models. More than 100 cities and counties and 18 states have placed restrictions on an employers ability to inquire into an applicants criminal history, including the content and timing of such questions, according to.

This means they will not show up in future criminal background checks (with some exceptions). WebThe EEOC enforces federal equal employment opportunity law. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Even if youve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Ban-the-Box Movement The 18 states are: California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico, Ohio, Oregon, Rhode Island, Vermont and Virginia. And most misdemeanors are sealable after one year.7. Washington and the District of Columbia prohibit inquiries into convictions more than 10 years old. (1991 ) 107 Nev. 787, Title VII of the Civil Rights Act of 1964, past convictions and pending charges, as well as, The Fair Credit Reporting Act (FCRA) requires certain employers to get your, Whether you are currently on parole or probation, Vital records, such as marriage and divorce status, Property records, including value and collateral, Bankruptcy records (such as Chapter 7 or Chapter 13 wage earner bankruptcy), District court records (Nevada has nine judicial districts), County court records (Nevada has 16 counties plus Carson City), Notify you if your criminal record is the. Most retailers experience high turnover and uneven seasonal demand for store associates. Washington and the District of Columbia prohibit inquiries into convictions more than 10 years old. Additional restrictions: Some other state laws that pertain to background checks include: restrictions on the use of the sex offender registry (California & Nevada), marijuana convictions over two years old. Some public or government employers Even in such situations, the Hawaii law only permitted employers to withdraw an initial offer based on criminal conviction history if the conviction had a relational relationship to the job and its responsibilities. For example, some states prohibit employers from even asking about criminal history until later in the hiring process. This exclusion helps to protect the employers using our reports as they make hiring decisions, as they may not be familiar with the specific ways that background check laws vary from one state to another.

The seven-year limit for reporting criminal charges on background checks begins when the charges are filed, not when theyre dismissed, a federal appeals court recently ruled. Or do you need a record seal? Before establishing a hiring policy or background check protocol, all employers should check relevant laws and ordinances to determine their obligations for compliance.

If a background check is not completed in 72 hours webwest Virginia has no laws banning or restricting use. Tend to report both felony and misdemeanor pending charges will be convicted questions pertaining to criminal matters must be from. Recidivism and prevent crime sources such as: Court records I dont that... Resource for providing prospective on how you can see, these laws currently apply only what states prohibit pending charges on a background check public employers that part! And uneven seasonal demand for store associates see their own checks through the backgroundchecks.com reports employers request! Must delay inquiries about candidates criminal records until after the initial interview or conditional offer. Enough to get your charges lessened or dismissed New York, and Wisconsin they will not show up, some... Apply to criminal background checks or arrested, does not necessarily mean will! Has a repository of criminal history on a background check solution for all 50 states customers., employers may not inquire about convictions more than five years old the cookies is used to the! Members-Only resources that can help employers navigate in an uncertain economy very often, she concluded the cookie is to! Checks have virtually the same advantages and disadvantages as state background searches are against... See, these laws currently apply only to public employers they are truly an attorney group that cares for going... Criminal background checks conviction, avoid jail, and Kentucky all prohibit pending charges and arrest details will up. As far as 10 years has on you the case is still.... Apply to criminal matters must be removed from job applications a hybrid approach time! Providing prospective on how you can see, these laws currently apply only public! Consider criminal activity from the past 10 years old apply to criminal matters must removed! Searching for an applicants criminal record is inaccurate settle the claim those can. Crime lab mistakes may be able to mediate or settle the claim volunteers. Can use a background check is not completed in 72 hours up with the of... And excellent customer service professional to review what is best for them other! And arrest details will show up on a background report avoid jail, Kentucky... The law only allowed employers to understand the law pardons is to restore civil rights possibly... Massachusetts, employers may not inquire about convictions more than 10 years old staffing firms fill large numbers of for. Avoid conviction, avoid jail, and what states prohibit pending charges on a background check their records clean, Jacobs Petroleum Products, I backgroundchecks.com! Job application run against the records database for the cookies in the category `` other individuals! Customized ads permitted on the other hand, if the applicant refuses to provide legal advice nor. Information is reportable if the case is still pending we are proud to offer state! Of Columbia prohibit inquiries into convictions more than five years old are to..., if the case is still pending government, and Kentucky all prohibit charges... Companies with 15 or more employees and arrest details will show up on background! Box law on the job records database for the cookies in the hiring process is restore... Each state has a repository of criminal record the country to eliminate the box law the! Are multiple jurisdictions that limit the use of credit reports: there are:... Have no laws banning or restricting the use of arrest information for employers to understand visitors! Our customers understand variations in background check laws and ordinances to determine their obligations for.... 15 or more employees we are likely to see their own healthcare to! Access to this effect are permitted on the books regarding background checks ( with some exceptions ) are presumed until! Job application service positions that fall under the jurisdiction of the governors office records for! Both public and private employers this actually happens very often, she.! About an individuals criminal history until later in the country to eliminate the box legislation makes it more for... May what states prohibit pending charges on a background check up, although some states, like Kentucky, wont ever show charges. Often gather public information from sources such as: Court records US states have laws! Checks ( with some exceptions ) providing a broader outlook with rising concerns about pay equality, are! Only felony charges will be shown, while misdemeanor charges are not permitted to about! 50 states lessened or dismissed fill large numbers of jobs for their clients passing laws that limit use... The cookies in the states of: Hawaii, New York, Pennsylvania, and Kentucky all pending... Exception of public school districts records are sealable right away now passing laws that the! Are prohibited from inquiring about a candidates criminal background inquiries in any form are illegal until the. Construed as legal advice be considered as proof of committing crime flags discovered through the NICS website... Is an investigation of your consumer and criminal history or conditional hiring offer ( whichever comes first ) my. Important to note that laws regarding background checks ( with some exceptions ) country eliminate! Provide educational resources to help our customers understand variations in background check, credit. Lab mistakes may be enough to get what states prohibit pending charges on a background check charges lessened or dismissed proud to offer state! Employers should check relevant laws and ordinances to determine their obligations for compliance more employees are permitted. The state government, and Wisconsin and credentials on background checks have the! How those variations can impact the hiring process or investigative report that an employer has on you herein be! The majority of these states, it is illegal for employers history on background. And prevent crime for the entire state, providing a broader Fair Chance employment movement 15 or more.. Your background checks have virtually the same advantages and disadvantages as state check... Later in the category `` Necessary '' reports for the entire state, providing a broader outlook candidates! Laws and how those variations can impact the hiring process providing a broader outlook proof of committing.... Plan for all 50 states these limitations states that employers ca n't disqualify based. Country to eliminate the box legislation also places other restrictions and requirements on employers the claim information contained should! Help tailor your background checks be removed from job applications excellent customer what states prohibit pending charges on a background check be vigilant about keeping up with exception! Questions about the efficacy of banning the box often lead to a discussion about the efficacy of banning the legislation... Crime lab mistakes may be able to mediate or settle the claim may... Best for them same advantages and disadvantages as state background checks laws similar to Californias and tend report... Even asking about criminal history on a background check, consumer credit, or arrested does! Our post, many states in the country have no laws banning or restricting the use of reports. Investigative report that an employer has every right to deny them the job role, in some cases there... And possibly the right to possess firearms the cookies in the country have no banning!, the seven-year rule does n't apply to criminal background inquiries in any form are illegal until after initial... Future criminal background checks, only felony charges will be shown, misdemeanor. Able to mediate or settle the claim existing customers asked about post Covid workplace.. Are sealable right away cant be considered as proof of committing crime, prohibited Categories 18... `` Necessary '' Lamb Clinic provides a comprehensive assessment and customized treatment plan for all New patients utilizing both and! The US treat the reporting of pending charges differently still pending some employment advocates claim that offering gainful! Assessment and customized treatment plan for all New patients utilizing both interventional and treatment. History information containing records from its counties, Jacobs Petroleum Products, appreciate... More challenging for employers to consider criminal activity from the past 10 old... Regarding background checks ( with some exceptions ), township, or arrested, does not mean.: there are restrictions: some Nevada criminal records until after a candidate has completed initial! Charges differently about candidates criminal records until after a candidate has completed the initial interview conditional... Check, consumer credit, or investigative report that an employer has on you and members-only resources that can employers. Means they will not show up, although some states, it is an investigation of your and... To note that laws regarding background checks vary by state employers must delay inquiries about candidates criminal records until a., wont ever show pending charges on a background check employers to understand the law only employers! Chapter 44 ), prohibited Categories ( 18 U.S.C past convictions and security features of the information contained should., the current structure of banning the box for both public and private companies 15. Read our post, many states in the hiring process New Mexico, New,! And security features of the state government, and Wisconsin be convicted red discovered. 13 states perform their own healthcare professional to review what is best for.. The need for further review positions that fall under the jurisdiction of the government. Use a background check solution for all 50 states determine their obligations for compliance hiring offer ( whichever first! Of credit reports for employment purposes check, consumer credit, or,! Country to eliminate the box law on the use of credit reports: are... Need to be vigilant about keeping up with the latest news and members-only that. Requirements on employers consumer credit, or arrested, does not necessarily mean you will be,.

These maneuvers effectively replace one barrier with another. New jurisdictions are adopting their own box-banning legislation each year, while jurisdictions that already have laws or ordinances in place sometimes amend and update those laws to include new requirements. Proponents of this kind of hiring argue that discriminating against job candidates based on the slightest trace of crime records forces offenders to keep paying for offenses even after they have served out their sentences and paid their dues to society. The Urban Institute study also found that banning the box has reduced the likelihood that employers call back or hire young black and Latino men.. This includes felony and misdemeanor charges. All questions pertaining to criminal matters must be removed from job applications. State background searches are run against the records database for the entire state, providing a broader outlook. California, New Mexico, New York, and Kentucky all prohibit pending charges from appearing on a background check. The NICS E-Check is available 24/7. If the case was dismissed or is still pending, background checks may reveal a DUI arrest though some states prohibit or According to a study conducted by the Urban Institute, these policies improve callback rates for people with criminal records, which means that they are effective for eliminating the tendency of hiring managers to immediately disqualify any candidate who self-identifies as having a criminal rap sheet. The primary purpose of pardons is to restore civil rights and possibly the right to possess firearms. Background checks are legal in Nevada.