Nevada Revised Statutes 269.0802 – Use of criminal history in evaluating employment applications; exceptions
1. Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person, the criminal history of an applicant for employment by an unincorporated town may be considered only after the earlier of:
Terms Used In Nevada Revised Statutes 269.0802
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(a) The final interview conducted in person; or
(b) The unincorporated town has extended to the applicant a conditional offer of employment.
2. The town board, the board of county commissioners or any other person acting on behalf of an unincorporated town may, before selecting an applicant as a finalist for a position or extending to an applicant a conditional offer of employment, notify the applicant of any provision of state or federal law that disqualifies a person with a particular criminal history from employment in a particular position.
3. Unless, pursuant to a specific provision of state or federal law, a person is disqualified from employment in a particular position because of the particular criminal history of the person, the town board, the board of county commissioners or any other person acting on behalf of an unincorporated town may decline to make an offer of employment or rescind a conditional offer of employment extended to an otherwise qualified applicant who has criminal charges pending against him or her that were filed within the previous 6 months or has been convicted of a criminal offense only after considering:
(a) Whether any criminal offense charged against the applicant or committed by the applicant directly relates to the responsibilities of the position for which the applicant has applied;
(b) The nature and severity of each criminal offense charged against the applicant or committed by the applicant;
(c) The age of the applicant at the time of the commission of each offense;
(d) The period between the commission of each criminal offense and the date of the application for employment; and
(e) Any information or documentation demonstrating the applicant’s rehabilitation.
4. A town board, the board of county commissioners or any other person acting on behalf of an unincorporated town shall not consider any of the following criminal records in connection with an application for employment:
(a) Except as otherwise provided in subsection 3, an arrest of the applicant which did not result in a conviction;
(b) A record of conviction which was dismissed, expunged or sealed; or
(c) An infraction or misdemeanor in which a sentence of imprisonment in a county jail was not imposed.
5. If the criminal history of an applicant is used as a basis for rejecting an applicant or rescinding a conditional offer of employment, such rejection or rescission of the offer of employment must:
(a) Be made in writing;
(b) Include a statement indicating that the criminal history of the applicant was the basis for the rejection or rescission of the offer; and
(c) Provide an opportunity for the applicant to discuss the basis for the rejection or rescission of the offer with the director of the department of human resources of the unincorporated town or a person designated by the director.
6. An application for employment must include a statement that:
(a) A record of conviction will not necessarily bar the applicant from employment; and
(b) The town board, the board of county commissioners or any other person acting on behalf of the unincorporated town will consider factors such as:
(1) The length of time that has passed since the offense;
(2) The age of the applicant at the time of the offense;
(3) The severity and nature of the offense;
(4) The relationship of the offense to the position for which the applicant has applied; and
(5) Evidence of the rehabilitation of the applicant.
7. This section does not apply to any applicant for employment:
(a) As a peace officer or firefighter; or
(b) In any position that entails physical access to a computer or other equipment used for access to the Nevada Criminal Justice Information System or the National Crime Information Center.