On Tuesday, June 9th, Governor Brian Sandoval
signed Senate Bill 409. Prior to this bill, Nevada employers were barred from
using convictions over 7 years old in the consideration of a job applicant.
This bill, effective immediately, means background screening
companies are no longer limited to reporting convictions less than seven years
old in Nevada.
SB 409 also allows Nevada employers the use of more
extensive background checks, stating “Existing federal law provides certain
exceptions to the preceding federal prohibition, including an exception for a
credit report prepared in connection with the employment of an individual whose
salary will be greater than $75,000. A similar exception in state law exists
for a credit report prepared for a gaming licensee in connection with a person
who is seeking employment with the licensee or employment in a position connected
directly with the licensee’s operations.”
While SB 409 allows you to conduct criminal background
checks that include criminal history older than seven years, be mindful of the
Equal Employment Opportunity Commission’s (EEOC) guidance
on background screening. The EEOC suggests that employers consider the time
that has passed since the offense.
S.B. 409 can be read in its entirety here.
