At-a-Glance Compliance Overview

State Mini-FCRA Laws

Nevada does not maintain a comprehensive state consumer reporting statute equivalent to the “mini-FCRA” laws adopted in states such as California, Colorado, or Massachusetts. Employment background checks obtained from third-party screening providers are governed primarily by the federal Fair Credit Reporting Act (FCRA).

Employers obtaining consumer reports must therefore comply with federal requirements, including providing a clear written disclosure, obtaining written authorization from the applicant, and following pre-adverse action and adverse action procedures when a consumer report influences an employment decision.

Nevada regulates employment screening through targeted statutes addressing criminal history inquiries for public employers, credit report use, marijuana drug testing, and wage transparency.

Criminal Record Reporting Rules

Nevada does not impose a state-specific lookback limit on reporting criminal convictions in consumer reports. As a result, criminal convictions may generally be reported without time limitation under FCRA §605(a)(5) unless another law restricts reporting.

Non-conviction information is governed by federal law. Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests, indictments, or other adverse non-conviction information that is more than seven years old.

Nevada regulates the removal of criminal records through its record sealing statutes.

Record Sealing

Nevada allows individuals to petition courts to seal certain criminal records under NRS Chapter 179, including NRS §179.245 and related provisions. When a criminal record is sealed, it generally may not appear in employment background checks and individuals may lawfully state that the arrest or conviction did not occur in most employment contexts.

Fair Chance / Ban-the-Box Law

Nevada has adopted a ban-the-box law that applies primarily to public employers.

Under NRS §284.4066, state agencies may not ask an applicant about criminal history on the initial application for state employment.

This law does not apply broadly to private employers. Private employers in Nevada are generally permitted to ask about criminal history during the hiring process unless another law restricts the inquiry.

Credit Check Restrictions

Nevada restricts employer use of consumer credit reports through NRS §613.570.

General Rule

Employers may not obtain or use an applicant’s consumer credit report for employment purposes unless the information is substantially related to the position.

Exceptions

Credit checks may be permitted for positions involving:

• managerial or supervisory responsibilities

• access to financial information

• access to proprietary or confidential information

• positions required by state or federal law to obtain credit information.

Employers should ensure that any credit report requested for employment purposes is directly related to the duties of the position.

Cannabis Use and Drug Testing Rules

Nevada legalized recreational marijuana through the Regulation and Taxation of Marijuana Act.

Nevada also enacted employment protections related to marijuana testing in hiring. Under NRS §613.132, employers generally may not refuse to hire a prospective employee solely because a pre-employment drug screening test indicates the presence of marijuana.

Exceptions

The law does not apply to certain positions, including:

• firefighters

• emergency medical personnel

• positions requiring a commercial driver’s license

• positions that could adversely affect public safety

• positions funded by federal grants that require drug testing.

Employers may also require applicants who test positive for marijuana to submit to an additional screening test at their own expense.

Nevada law separately addresses medical marijuana accommodations under NRS §678C.850, which requires employers to attempt reasonable accommodations for registered medical marijuana patients unless doing so would pose a threat to safety or prevent the employee from performing job duties.

Pay Equity and Salary History Rules

Nevada regulates compensation practices through statutes governing wage transparency and salary history.

Salary History Ban

Nevada prohibits employers from asking applicants about their wage or salary history or relying on wage history when determining compensation. These rules appear in NRS §613.570–613.590 and were enacted through legislation addressing pay equity.

Pay Transparency

Nevada also requires employers to provide salary range information to applicants who have completed an interview for a position and to employees seeking promotion or transfer. These requirements appear in NRS §613.133.

Employers should ensure hiring procedures allow salary range disclosures when required.

Local Fair Chance or Screening Ordinances

Nevada does not currently have major municipal fair chance hiring ordinances affecting private employers beyond the statewide statutory framework.

Employers operating throughout Nevada generally follow the same employment screening rules statewide.

Record Sealing / Clean Slate Laws

Nevada allows individuals to seal criminal records after specified waiting periods under NRS Chapter 179.

The waiting periods vary depending on the type of offense and disposition. Once a record has been sealed, the individual may generally state that the arrest or conviction did not occur in most employment contexts.

Employers should ensure that background screening providers exclude sealed criminal records from employment reports.

Key Statutes

• Nevada Public-Sector Ban-the-Box Law — NRS §284.4066
• Nevada Credit Check Restriction — NRS §613.570
• Nevada Marijuana Employment Protection — NRS §613.132
• Nevada Pay Transparency Law — NRS §613.133
• Nevada Medical Marijuana Accommodation Statute — NRS §678C.850
• Nevada Record Sealing Statutes — NRS Chapter 179

Employer Compliance Checklist

Employers conducting background checks in Nevada should implement several compliance practices.

Confirm that criminal history questions are removed from initial job applications for state employment positions subject to the public-sector ban-the-box law.

Ensure consumer reporting agencies exclude sealed criminal records from employment background reports.

Limit credit checks to positions where credit history is substantially related to the job duties.

Review drug testing policies to ensure compliance with Nevada’s marijuana testing protections for applicants.

Avoid requesting wage history during the hiring process and provide salary range information when required under Nevada law.

Follow federal Fair Credit Reporting Act disclosure and adverse action procedures when using consumer reports.