Nevada Eliminates Restriction on Reporting Convictions Over Seven Years Old

On Tuesday, June 9^th, 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.