Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Nevada: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Nevada has no ban the box law for private employers. Employers may ask about criminal history on the initial job application.
Criminal Record Lookback Period
Nevada does not limit how far back criminal convictions may be reported. A 2015 amendment removed convictions from the state's 7-year reporting cap, so a consumer report may include convictions of any age. Non-conviction adverse information remains subject to the 7-year limit described below.
Reporting Restrictions
Nevada's consumer reporting law bars a reporting agency from furnishing arrests or criminal proceedings that did not result in conviction, civil judgments, or other adverse information more than 7 years old, measured from the date of the event. Records of a criminal conviction are excluded from this limit and may be reported regardless of age. Unlike the federal FCRA, Nevada's 7-year cap has no exception for higher-salary positions, so it applies regardless of pay.
Expunged / Sealed Records
Nevada does not have a traditional expungement law, but allows most criminal records to be sealed after applicable waiting periods, which run from 1 year for certain misdemeanors up to 10 years for the most serious felonies, with no waiting period for records ending in dismissal or acquittal. Once a record is sealed, the proceedings are deemed never to have occurred, the person may lawfully deny the arrest and conviction, and sealed records may not be reported or used by employers.
Salary History Ban
Employers may not seek an applicant's wage history, or rely on it to decide whether to make an offer or what to pay. Employers must provide the pay range for a position to an applicant who has completed an interview.
Credit Report Restrictions
Nevada prohibits most employers from conditioning employment on, or using, an applicant's or employee's consumer credit report or other credit information.
*The prohibition does not apply where the information is required by law, where the employer reasonably believes the person has engaged in illegal activity, or where the credit information is reasonably related to the position, such as roles with financial authority, access to money or trade secrets, or a licensed gaming position. Employers may not retaliate against a person for exercising their rights, and violations carry penalties.
Bankruptcies
Nevada prohibits a consumer reporting agency from reporting a bankruptcy more than 10 years old, measured from the date of adjudication. The report must note the chapter of the U.S. Bankruptcy Code under which the case arose, if known.
Civil Judgments & Lawsuits
Civil judgments and other adverse information generally cannot be reported if more than 7 years old. Nevada does not separately itemize civil judgments; they fall under the same general rule as Reporting Restrictions above.
Tax Liens & Collections
Nevada prohibits a consumer reporting agency from reporting a civil judgment or record of civil proceedings more than 7 years old. This limit applies regardless of the position's salary.
Marijuana / Drug Testing Protections
Employers cannot refuse to hire a prospective employee solely because a pre-employment screening test showed the presence of marijuana. Exceptions apply to firefighters, emergency medical technicians, positions requiring federally mandated driving tests, and positions the employer determines could affect the safety of others. If an employer tests within the first 30 days of employment, the employee may pay for a second test to rebut the results of the first.
Pre-Adverse Action Notice & Waiting Period
Nevada has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Nevada requires a person who takes adverse action against a consumer based on a consumer report to provide the consumer certain information about the action and the reporting agency. This state requirement applies alongside the federal FCRA adverse action process.
Authorization Requirements
Nevada imposes no additional disclosure or authorization requirements beyond the FCRA.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Wage or Salary Range Disclosure
Beyond barring salary history questions, Nevada affirmatively requires employers to provide the wage or salary range for a position. For an applicant, the employer must provide the range automatically after the interview is completed, without the applicant asking. For a current employee seeking a promotion or transfer, the employer must provide the range on request once the employee has applied, interviewed, or received an offer. The Labor Commissioner enforces this, and may issue a right-to-sue notice.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
No Nevada city or county currently applies a background check ordinance to private employers. North Las Vegas and Clark County each have local policies limiting when criminal history can be asked about, but both apply only to hiring for city or county government positions.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Nevada regulates several parts of the hiring process, especially salary history, credit, and marijuana. To stay compliant:
Remove salary history questions from your application and interview scripts. Provide the wage or salary range to applicants automatically once the interview is completed. Do not use credit reports unless the position fits a statutory exception, and disclose the use where it applies. Do not refuse to hire based on a positive pre-employment marijuana test, outside the safety-sensitive and federal exceptions, and honor an employee's 30-day retest right. Exclude any sealed record from consideration, since Nevada treats sealed proceedings as never having occurred. Evaluate each conviction individually against the specific job rather than applying a blanket exclusion, consistent with EEOC guidance under Title VII. Follow the FCRA adverse action process: pre-adverse notice with a copy of the report and a summary of rights, a reasonable chance to respond, then a final notice.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Nevada Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Nevada law.