Nevada employers run background checks under two layers of law at once. The federal Fair Credit Reporting Act sets the baseline process for any employer that orders a report through a background screening company. Nevada law adds several state specific rules on top of that baseline, including limits on when public employers may ask about criminal history, a path for candidates to seal older convictions, a restriction on using a positive marijuana screening test to deny a job, and a separate state licensing track for gaming employees. This guide walks through each layer so hiring teams know what they can ask, use and report, and where the rules stop.
The FCRA baseline that applies in every Nevada hiring decision
If a Nevada employer uses a consumer reporting agency to pull a criminal history, credit, or driving record on an applicant or employee, the Fair Credit Reporting Act governs the process regardless of what the state adds. Under the permissible purpose section of the statute, an employer may only obtain a consumer report for employment purposes after the person has been told, in a standalone disclosure separate from the job application, and has given written authorization. See 15 U.S.C. 1681b for the permissible purpose language. Before taking any adverse action based on the report, such as withdrawing an offer, the employer must send a pre-adverse action notice with a copy of the report and the Summary of Rights, give the applicant a reasonable opportunity to respond, and only then send a final adverse action notice. The Consumer Financial Protection Bureau’s implementing rule, often called Regulation V, lays out the model notices and the information furnishers and users must exchange; the current text is at 12 CFR Part 1022, with a plain language summary at the Consumer Financial Protection Bureau’s Regulation V page. None of the Nevada specific rules below replace these federal steps. They sit alongside them.
Nevada’s ban the box rule applies to public employers, not every private business
Nevada does not have a statewide ban the box law that reaches every private employer the way some states do. Instead, the state’s rule is narrower and targets government hiring. Under NRS 613.330, it is an unlawful employment practice for an appointing authority governed by the state personnel law, the Administrator of the Division of Human Resource Management, or the governing body of a county, incorporated city or unincorporated town to consider an applicant’s criminal history without following a required procedure. That procedure, created by Assembly Bill 384 of the 2017 legislative session, delays consideration of criminal history until the earliest of the final in person interview, a conditional offer of employment, or certification of the applicant, and requires the hiring authority to weigh factors such as how directly the offense relates to the duties of the position before rescinding an offer or rejecting a candidate. A private business in Nevada that is not a state agency, county, city or town is not covered by this specific statute, though it should still apply its own screening criteria consistently and in a way that does not create unlawful disparate impact.
Sealed records in Nevada: what a background check can still show
Nevada lets a person petition the court that handled their case to seal records of a conviction once a waiting period has passed. The waiting periods and categories are set out in NRS 179.245 and vary by the severity of the offense. Once a record is sealed, state law generally treats the underlying event as if it never occurred for most purposes, and a standard criminal history search run through the state’s Central Repository should not surface it. Employers should never ask an applicant to disclose a sealed record, and a consumer reporting agency should not report one it is aware has been sealed. The table below summarizes the general waiting periods under current law; always confirm the applicable period for a specific offense against the statute, since exceptions exist for certain violent, sexual and repeat offenses.
| Conviction category | General waiting period before a sealing petition may be filed |
|---|---|
| Category A felony, crime of violence, or certain residential burglary | 10 years from release or discharge from parole or probation |
| Category B, C or D felony (most other felonies) | 5 years from release or discharge from parole or probation |
| Category E felony | 2 years from release or discharge from parole or probation |
| Gross misdemeanor | 2 years from release or discharge from probation |
| Certain misdemeanors specified by statute, including some domestic violence related offenses | 7 years from release or end of a suspended sentence |
| Most other misdemeanors | 1 year from release or end of a suspended sentence |
Full detail, including offenses excluded from sealing and the petition and hearing process, is in NRS 179.245 linked above. Employers that want to understand how a sealed record differs from an expunged one, and what each actually removes from a report, can also read our related explainer on sealed versus expunged records.
Nevada limits pre-employment marijuana testing, with safety exceptions
Nevada law makes it unlawful for most employers to refuse to hire a prospective employee because a pre-employment screening test came back positive for marijuana. This rule is codified at NRS 613.132. The restriction does not apply to positions such as firefighter or emergency medical technician, positions that require operating a motor vehicle where federal or state law mandates testing, or any position the employer determines could affect the safety of others. It also does not apply where it conflicts with a collective bargaining agreement, conflicts with federal law, or applies to a position funded by a federal grant. For positions where testing is permitted and performed in the first 30 days of employment, the statute gives the employee the right to pay for an additional screening test to rebut the initial result, and the employer must give that second result appropriate consideration. This statute addresses a positive marijuana result specifically; it does not change how employers may treat marijuana related convictions, which our guide on marijuana convictions and background checks covers in more detail.
How a Nevada criminal history check is actually run
Nevada’s Central Repository for Nevada Records of Criminal History, housed within the Department of Public Safety, maintains the state’s criminal history records and also offers employers a defined channel to screen workers. Under NRS 179A.103, an eligible employer or its screening service may contract with the Central Repository to run a name based search of the criminal history of an employee, prospective employee, volunteer or prospective volunteer, to help determine suitability for the position. The subject must give written consent, and the Central Repository discloses conviction information only, not arrests that did not lead to conviction. Most employers in practice order their reports through a consumer reporting agency rather than contracting directly with the Central Repository, but the statute explains what state criminal history data can lawfully be disclosed and to whom, which is the backbone of any Nevada based criminal history product.
The gaming industry runs its own state mandated background check
Nevada’s gaming industry sits outside the normal employer screening process for a large share of its workforce. Under NRS 463.335, a person employed as a gaming employee must register with the Nevada Gaming Control Board, and the Board investigates each applicant by submitting a full set of fingerprints to the Central Repository for a state criminal history report and to the Federal Bureau of Investigation for a federal report. This is a licensing style, fingerprint based check run by the state regulator rather than a standard consumer report, and it exists in addition to, not instead of, any FCRA covered background check a casino or gaming operator separately runs on non registered positions. The Gaming Control Board also maintains a list of approved private fingerprinting locations for applicants, posted at gaming.nv.gov. Employers building out screening programs for casino floor, cage or security roles may also want our fuller breakdown in casino employee background check requirements.
What can be reported, and when
| Topic | What Nevada and federal law generally allow | Key limit |
|---|---|---|
| Criminal convictions, general employer | May typically be reported and considered | Sealed convictions should not appear; public employers face the AB384 procedure under NRS 613.330 |
| Arrests without conviction | Not disseminated through the Central Repository’s employer search service | NRS 179A.103 limits disclosure to convictions |
| Marijuana screening result | May be collected, but a positive result alone cannot be the reason to refuse to hire for most jobs | NRS 613.132 exceptions for safety sensitive, driving, and certain public safety roles |
| Gaming employee licensing check | Fingerprint based state and FBI criminal history check required for registration | NRS 463.335, run by the Gaming Control Board, separate track from a standard consumer report |
| Consumer report of any kind | Allowed with proper disclosure, authorization, and adverse action process | 15 U.S.C. 1681b and 12 CFR Part 1022 |
FCRA steps every Nevada employer should still follow
Whatever the position, employers that order a report from a consumer reporting agency should keep the federal sequence intact: provide a clear and conspicuous standalone disclosure, obtain written authorization before ordering the report, and if the results may lead to an adverse decision, send a pre-adverse action notice with the report and Summary of Rights, wait a reasonable period for a response, and then send the final adverse action notice if the decision stands. State rules on marijuana testing, sealed records, or public sector ban the box narrow what can be used as a basis for that decision, but they do not remove the federal notice obligations.
Frequently asked questions
Does Nevada have a ban the box law for private employers?
No. The ban the box procedure in NRS 613.330 and created by Assembly Bill 384 applies to state agencies, counties, incorporated cities and unincorporated towns. It does not extend to private businesses as a matter of state statute.
Can a Nevada employer ask about a sealed criminal record?
Generally no. Once a record is sealed under the process in NRS 179.245, the underlying event is treated as if it did not occur for most purposes, and applicants are not expected to disclose it on a job application.
Can a Nevada employer refuse to hire someone solely because of a positive marijuana test?
For most positions, no. NRS 613.132 makes that an unlawful employment practice, with exceptions for roles like firefighter, emergency medical technician, positions involving vehicle operation subject to testing laws, and positions the employer determines affect the safety of others.
How are gaming employees in Nevada background checked?
Gaming employees generally register with the Nevada Gaming Control Board under NRS 463.335, which requires a fingerprint based criminal history check through the state’s Central Repository and the Federal Bureau of Investigation, separate from a typical consumer reporting agency background check.
Does the FCRA still apply if Nevada has its own rules?
Yes. Any time a Nevada employer uses a consumer reporting agency to screen an applicant or employee, the federal Fair Credit Reporting Act disclosure, authorization and adverse action requirements apply in addition to any state specific limits.
Reveal Background helps Nevada employers build compliant screening programs that follow both federal FCRA steps and state specific rules. Learn more at Reveal Background.
This article is general information, not legal advice. Employers should consult qualified counsel about how these laws apply to their specific hiring practices.
