State law · For employers
Nevada background check laws for employers
What Nevada law says about background checks for employment, beyond the federal Fair Credit Reporting Act (FCRA). Each section shows the rule, who it covers, its exceptions and the law it comes from.
Reviewed
Primary sources
5 laws cited
At a glance
The Nevada rules on each topic, in one line. Federal law applies to every topic.
| Topic | Nevada rule |
|---|---|
| Criminal history questions | No state rule. Federal law applies. |
| Limits on what a report includes | Nevada’s consumer reporting chapter (NRS 598C) requires reporting agencies to purge and not disclose bankruptcies more than 10 years old and any other civil judgment, report of criminal proceedings, or other adverse information more… |
| Sealed and expunged records | Nevada seals criminal records by petition, not automatically. |
| Credit checks | It is unlawful for any employer in Nevada to require, request, suggest, or cause an employee or applicant to submit a consumer credit report or other credit information as a condition of employment; to use, accept, refer to, or inquire… |
| Salary history | An employer or employment agency may not seek an applicant’s wage or salary history, orally or in writing, directly or through an agent, and may not rely on it to decide whether to offer employment or what rate to pay. |
| Cannabis | Three rules apply. (1) Pre-employment screening: it is unlawful for any employer to fail or refuse to hire a prospective employee because a screening test shows marijuana. |
| Drug testing procedures | No general statute constrains employer drug-testing procedures. |
| State consumer reporting law | Nevada’s analogue is NRS chapter 598C (Consumer Reporting). |
What a background check report may include
Who it covers: Reporting agencies furnishing consumer reports on Nevada consumers, including for employment purposes
Nevada’s consumer reporting chapter (NRS 598C) requires reporting agencies to purge and not disclose bankruptcies more than 10 years old and any other civil judgment, report of criminal proceedings, or other adverse information more than 7 years old. Records of criminal convictions are excluded from the 7-year limit, so convictions may be reported without a time limit. Criminal proceedings that did not end in conviction fall under the 7-year limit. There is no salary threshold.
Exceptions
- Records of a conviction of a crime (no time limit)
- Information covered by a specific statute, including NRS 463.334 (gaming)
Sealed and expunged records
Who it covers: All employers (sealed proceedings are deemed never to have occurred)
Nevada seals criminal records by petition, not automatically. Waiting periods under NRS 179.245 run from release from custody or discharge from parole or probation: 10 years for a category A felony, crime of violence, or residential burglary; 5 years for category B, C, or D felonies; 2 years for category E felonies and gross misdemeanors; 7 years for misdemeanor DUI, misdemeanor domestic-violence battery, and certain public-assistance fraud; 2 years for misdemeanor battery, harassment, stalking, or protection-order violations; and 1 year for other misdemeanors. NRS 179.2445 creates a rebuttable presumption in favor of sealing. Records of dismissed, declined, or acquitted charges may be sealed under NRS 179.255. NRS 179.273 provides automatic sealing after an unconditional pardon. Courts seal records automatically after successful probation or specialty-court completion under NRS 176A; since January 1, 2026 this does not apply to charges of child abuse or neglect or abuse of an older or vulnerable person (AB 4, 2025 special session). Once sealed, all proceedings in the record are deemed never to have occurred and the person may answer accordingly.
Exceptions
- Certain offenses may never be sealed (NRS 179.245(6))
- NRS 179.301 lets specified agencies inspect sealed records; the Central Repository may notify employers of sealed sexual-offense information in accordance with federal law
NRS 179.285(1)(a) · NRS 179.285(1)(a) · NRS 179.245(1)(a) · NRS 179.301(4) · NRS 179.245(1)(d), (f), (g) · AB 4, 36th Special Session (2025), sec. 22 (amending NRS 176A.245(3)) · AB 4, 36th Special Session (2025), sec. 65
Credit checks for employment
Who it covers: Any employer in Nevada
In force since: October 1, 2013
It is unlawful for any employer in Nevada to require, request, suggest, or cause an employee or applicant to submit a consumer credit report or other credit information as a condition of employment; to use, accept, refer to, or inquire about such a report or information; or to discharge, discipline, discriminate against, or deny employment or promotion to a person who refuses or objects, or who files a complaint. Exceptions: the employer is required or authorized by state or federal law to use the report; the employer reasonably believes the person engaged in specific activity that is a violation of law; or the information is reasonably related to the position because it involves money or assets, trade secrets or confidential information, managerial or supervisory responsibility, law enforcement authority, access to others’ personal or financial information, or employment with a chartered financial institution or a licensed gaming establishment.
Exceptions
- Use required or authorized by state or federal law (613.580(1))
- Reasonable belief of specific unlawful activity by the employee or applicant (613.580(2))
- Positions involving money, financial accounts, corporate cards, or other assets (613.580(3)(a))
- Access to trade secrets or proprietary or confidential information (613.580(3)(b))
- Managerial or supervisory responsibility (613.580(3)(c))
- Direct exercise of law enforcement authority as a state or local law enforcement employee (613.580(3)(d))
- Access to the personal information or personal financial information of another person (613.580(3)(e)-(f))
- Employment with a state- or federally chartered financial institution (613.580(3)(g))
- Employment with a licensed gaming establishment (613.580(3)(h))
Salary history questions
Who it covers: Public and private employers in Nevada, including the State and its political subdivisions; employment agencies
In force since: October 1, 2021
An employer or employment agency may not seek an applicant’s wage or salary history, orally or in writing, directly or through an agent, and may not rely on it to decide whether to offer employment or what rate to pay. After an interview, the employer must give the applicant the wage or salary range or rate for the position on request; the same applies to promotions and transfers. Asking about the applicant’s salary expectations is allowed.
Exceptions
- Asking an applicant about wage or salary expectations for the position (NRS 613.133(3))
Cannabis use and testing
Who it covers: Any employer in Nevada (613.132, 613.333); employers of registry cardholders (678C.850)
In force since: January 1, 2020
Three rules apply. (1) Pre-employment screening: it is unlawful for any employer to fail or refuse to hire a prospective employee because a screening test shows marijuana. Exceptions: firefighters, EMTs, positions that require operating a motor vehicle where federal or state law requires screening, and positions the employer determines could adversely affect the safety of others. The section yields to conflicting employment contracts or collective bargaining agreements, to federal law, and to positions funded by a federal grant. An employee tested within the first 30 days of employment may take a second test at their own expense and the employer must accept and give appropriate consideration to it. (2) Medical cardholders: an employer need not allow medical use at work, but must attempt reasonable accommodation for an employee with a valid registry card unless it would pose a threat of harm or danger, impose an undue hardship, or prevent the employee from fulfilling job responsibilities. (3) Off-duty use: NRS 613.333 bars adverse action for lawful off-premises use of ‘any product’; the Nevada Supreme Court held in 2022 that recreational marijuana is not a lawful product for this purpose because it remains illegal under federal law (decision not opened).
Exceptions
- Firefighters (NRS 450B.071) and emergency medical technicians (NRS 450B.065)
- Positions requiring operation of a motor vehicle where federal or state law requires screening
- Positions that, in the employer’s determination, could adversely affect the safety of others
- Where inconsistent with an employment contract or collective bargaining agreement, or with federal law
- Positions funded by a federal grant
- Medical accommodation not required where it would pose a threat of harm or danger, undue hardship, or prevent fulfilling job responsibilities (678C.850(3))
NRS 613.132(1) · NRS 613.132(1) · NRS 613.132(2)(d) · NRS 613.132(3) · NRS 678C.850(3) · NRS 613.333(1)
Drug and alcohol testing procedures
Who it covers: N/a
No general statute constrains employer drug-testing procedures. The only procedural limit is the marijuana pre-employment screening rule and the 30-day rescreen right in NRS 613.132 (see cannabis).
The state consumer reporting law
Who it covers: Reporting agencies and users of consumer reports in Nevada, including employers
Nevada’s analogue is NRS chapter 598C (Consumer Reporting). It defines consumer report to include employment purposes and adverse action to include denial of employment; sets the purge rule above (598C.150); requires a person who takes adverse action based on a consumer report to give the consumer the reporting agency’s name and address and notice of the right to a copy (598C.170); gives consumers dispute rights (598C.160) and remedies (598C.190, 598C.200); and provides security freezes, with an exception letting employers receive reports for preemployment screening despite a freeze (598C.380(11)). No CRA registration requirement appears in the chapter’s section titles.
Where federal law alone applies
We found no Nevada rule for private employers on these topics. The FCRA and other federal laws still apply.
- Criminal history questions
Adverse action notices
Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Nevada requirements where they apply.
The waiting period calculator gives the date under the federal rule.
Paperwork at hire
Besides the federal Form I-9 and W-4, Nevada sets these for each new hire.
- State withholding. Nevada has no state income tax on wages, so there is no state withholding certificate; collect only the federal Form W-4.
- New hire report. Report each new hire to Nevada within 20 days. State new hire reporting
- Notices at hire. Notice of rights under the Nevada Pregnant Workers’ Fairness Act (15 or more employees).
Build the new hire checklist for Nevada, with city rules, special cases and a due date for each item.
Sources
- NRS 598C.150(2)
- NRS 179.285(1)(a)
- AB 4, 36th Special Session (2025), sec. 22 (amending NRS 176A.245(3))
- NRS 613.570(1)
- NRS 678C.850(3)
Last reviewed · General information, not legal advice.
After the hire
Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.