Most teachers think about criminal background checks only at the time of the application process because both the Nevada State Department of Education (“State”) and the Clark County School District (“District”) require fingerprinting at that time. For the most part, teachers don’t realize that a domestic violence, driving under the influence, or ANY misdemeanor charge can affect their employment status after they have been hired and have cleared the background check.

Generally, neither the District nor the State will get notice of an arrest, charge or conviction of minor offenses once the teacher has obtained his/her teaching license or passed the District’s background check. For minor offenses, i.e. driving under the influence, and domestic violence, law enforcement has not in the past informed the District. For offenses such as child pornography, or any type of sexual misconduct with a student, the District is typically notified.

Significantly, NRS 391.314(6) provides that a licensed employee who is convicted of any crime and who is sentenced to and serves any sentence of imprisonment forfeits all rights of employment. Thus, the statute does not differentiate from a misdemeanor to a felony. If a teacher serves anytime in jail, that teacher forfeits his/her right of employment with no appeal rights. This is significant. For example, a teacher is arrested and charged for driving under the influence. Teacher opts to enter a guilty plea to a misdemeanor driving under the influence charge. The teacher will be given two days credit for time served, pay a fine, and have to attend some classes. Teacher doesn’t truly understand about the legal consequences of that guilty plea. Because the “two days credit for time served” implies that the teacher served two days in jail, the teacher has just forfeited his/her right to employment! The better option is to negotiate a deal where the teacher will do community service.

Often times the only way the District becomes aware of a teacher’s subsequent criminal record after initial hire is when a significant other becomes disgruntled and calls the District with a “tip.” Every call into the District is investigated and can have egregious repercussions. Another way the District finds out about an arrest is when a teacher does not show up to work on Monday because he/she was in jail over the weekend and word gets out that the absence was due to incarceration. One should always be careful what personal information is shared with co-workers. It must be noted that dishonesty is immediate grounds for dismissal. If the cat is out the bag, one must not lie.

It is important to note that a felony conviction does not in and of itself preclude employment from the District, but serving time in jail does. The District is always going to be concerned about sex, drugs and violence. Any arrest, charges, and/or convictions regarding these areas will result in the District conducting its own investigation. In conclusion, know the consequences of entering into a guilty plea and how that will effect your employment status.