We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.
STATE LAWS — PUBLIC SECTOR
Who must follow: This ban-the-box law applies to public employers in Nevada.
Timing of Inquiry: Public employers may not inquire into or consider an applicant’s criminal history until after the earliest of: A) a final in-person interview with the applicant, B) the applicant has received a conditional offer of employment, or C) if applicable, the applicant has been certified by the administrator.
Exceptions apply for positions where an applicant’s particular criminal history would disqualify the applicant pursuant to state or federal law. Additional exceptions apply for peace officer or firefighter positions as well as any position that involves physical access to a computer or other equipment used for access to the Nevada Criminal Justice Information System or the National Crime Information Center.
Adverse action implications:
Individualized assessment. Employers covered by this law must conduct an individualized assessment of an applicant’s criminal history, taking into account the age of the offense and the age of the applicant at the time the offense occurred, evidence of rehabilitation, and the relevance, nature and severity of the offense.
If a job offer is rescinded on the basis of the applicant’s criminal record, the applicant must be notified in writing and given the opportunity to discuss the decision.
Employers may not consider: arrests without convictions; dismissed, expunged, or sealed records; infractions or misdemeanors without a sentence of imprisonment in a county jail
Job Application Requirements:
Public employers must state in their job application that a criminal conviction will not necessarily bar an applicant from employment and that the employer will assess the details of the criminal conviction including the length of time that has passed since the offense, the age of the applicant at the time of the offense, the severity and nature of the offense, the relevance of the offense to the position, and evidence of the applicant’s rehabilitation.
The COVID-19 outbreak is having a global impact. We are doing our best to stay ahead of related closures and disruptions that impact our ability to complete background checks, such as county court closures. Please visit our COVID-19 Updates page in our Help Center for updates as we receive them.