While Nevada law does not limit how far back employers can directly ask applicants or employees about their conviction history, for years it has generally prohibited consumer reporting agencies (CRAs) from providing employers with conviction records that are more than 7 years old.
Earlier this month, however, Nevada’s governor signed a law (S.B. 409) that removes this restriction and allows CRAs to report on convictions regardless of their duration. The law took effect on June 9.
While the new Nevada law expands employer access to conviction records, employers should still remember to comply with federal, state, and local law when considering conviction history for employment purposes.
Katharine Parker and Daniel Saperstein are Co-Chairs of Proskauer’s Hiring & Background Checks Group.