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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to public employers. Assembly Bill 384.
Effective January 1, 2018, Nevada’s law prohibits public employers from considering an applicant’s criminal history until after the final in-person interview or a conditional offer of employment has been made, whichever comes first. Exceptions exist for certain positions, including firefighters and police officers. Before using an applicant’s criminal history to rescind an offer, employers must provide a written statement explaining the basis for the decision and an opportunity for the applicant to discuss the decision with the employer.
An application for public employment must also include a statement that:
- A record of conviction will not necessarily bar the applicant from employment; and
- The Administrator will consider factors such as:
- 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 relationship of the offense to the position for which the applicant has applied; and
- Evidence of the rehabilitation of the applicant.
Nevada has no laws or regulations specifically prohibiting arrest or conviction record inquiries by private employers.
State
Contacts
Employer immunity from disclosure claims
Nevada Administrative Office of the Courts
Arrest record inquiries
Nevada Equal Rights Commission
Conviction record inquiries
Nevada Equal Rights Commission
Regulations
Employer immunity from disclosure claims
Nevada Revised Statute 41.755, Limitations on liability of employer who discloses information regarding employee to prospective employer of employee; exceptions
Nevada Revised Statute 239B.020, Request by law enforcement agency for certain information on applicant for position of peace officer from employer or former employer of applicant; use of information; confidentiality
Nevada Revised Statute 613.200, Prevention of employment of person who has been discharged or who terminates employment unlawful; criminal and administrative penalties; exception
Nevada Revised Statute 613.210, Blacklists unlawful; recommendations and statements to be provided employee by employer
Assembly Bill No. 51, Chapter 285, An Act to amend NRS 239B.020 and NRS 41.755, in relation providing information about an applicant for employment as a firefighter.
Arrest record inquiries
Nevada Revised Statute 179A.100, Records that may be disseminated without restriction; records that must be disseminated upon request; information that must be disseminated only with written consent
Conviction record inquiries
Nevada Revised Statute 179A.100, Records that may be disseminated without restriction; records that must be disseminated upon request; information that must be disseminated only with written consent
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.