Nevada ban-the-box law: AB 384's rules for state, county and city jobs, and private employers

Nevada's ban-the-box law, Assembly Bill 384 of 2017, covers public employers only. Since January 1, 2018, state agencies, counties, incorporated cities and unincorporated towns may consider an applicant's criminal history only after the final in-person interview or a conditional offer (state jobs also after certification), must weigh five factors before rejecting anyone, and must explain a rejection in writing. As of October 2026, Nevada has no statewide ban-the-box law for private employers; for them, the state rules that matter are sealed records and federal Title VII and FCRA requirements.

What does Nevada's ban-the-box law require?

AB 384, sponsored by Assemblyman Thompson and others, added parallel sections for each kind of public employer and took effect January 1, 2018. The county version, NRS 245.046, is typical. Unless a specific state or federal law disqualifies a person with a particular criminal history from the job, "the criminal history of an applicant for employment by a county may be considered only after the earlier of" the final interview conducted in person or a conditional offer of employment. The same rule appears in NRS 268.402 for incorporated cities and NRS 269.0802 for unincorporated towns.

State jobs have their own versions. NRS 284.281 covers the unclassified service and NRS 284.283 the classified service. For the classified service the Administrator of the Division of Human Resource Management "shall not consider the criminal history of an applicant in evaluating the applicant," and history may be considered only after the earliest of the final in-person interview, certification by the Administrator, or a conditional offer.

Each section also requires the same steps:

• Early notice of disqualifying laws. The employer may tell an applicant, before choosing finalists or making an offer, about any state or federal law that disqualifies people with a particular history from the job.
• Five factors. Before declining an offer or rescinding one because of a conviction, or because of charges filed within the previous six months, the employer must consider whether the offense directly relates to the job, its nature and severity, the person's age at the time, the time since the offense, and any evidence of rehabilitation.
• Records it may not consider. Arrests that did not end in conviction (apart from those recent pending charges), convictions that were dismissed, expunged or sealed, and infractions or misdemeanors where no county jail sentence was imposed.
• Written decision. A rejection or rescission based on criminal history must be in writing, say that criminal history was the basis, and give the applicant a chance to discuss it with the human resources director or a designee.
• Application statement. The application must say that a conviction will not necessarily bar employment and list the factors considered.

Which Nevada jobs are exempt?

Each section says it does not apply to applicants for employment as a peace officer or firefighter, or "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." Separately, the timing rule gives way wherever a specific state or federal law disqualifies people with a particular history from the position, so gaming, child care, health care and school jobs with their own statutory checks need a closer look. Our Nevada background check laws page covers those mandated checks.

How is the law enforced?

AB 384 made it an unlawful employment practice for a state appointing authority, the Administrator or the governing body of a county, incorporated city or unincorporated town "to consider the criminal history of an applicant for employment without following the procedure required" in these sections. That language is now NRS 613.330(8). The enrolled bill also let a person injured by that practice file a complaint with the Nevada Equal Rights Commission whether or not the complaint rests on race, sex or another protected category.

Does any of this apply to private employers in Nevada?

The timing rule does not. We found no Nevada statute that limits when a private employer may ask about criminal history, and the existing pages on this site, including hiring employees in Nevada, reach the same conclusion. Two rules still reach every employer:

• Sealed records. Under NRS 179.285(1)(a), once a court seals a record, the proceedings "are deemed never to have occurred," and the person may answer accordingly "to any inquiry, including, without limitation, an inquiry relating to an application for employment." A candidate who says "no" about a sealed case is answering lawfully.
• Federal law. Title VII, the FCRA and, for federal contractors, the conditional offer rule in 41 U.S.C. 4714, described below.

Nevada's Legislature meets in regular session in odd-numbered years. We did not come across a 2025 bill that would extend the timing rule to private employers; the next regular session begins in 2027. Las Vegas, Henderson, Reno and the other incorporated cities are bound by NRS 268.402 for their own hiring; we did not review their ordinances for private-employer rules.

Which Nevada rules apply to which employer?

What federal rules still apply in Nevada?

Title VII still governs how a record is used. The EEOC rescinded its 2012 arrest and conviction records guidance on October 28, 2026, effective immediately, and said Title VII "continues to prohibit discrimination based on race or national origin." The disparate impact provision, 42 U.S.C. 2000e-2(k), is unchanged. Nevada's public employer factors are state law and are untouched by the federal change. For private employers, the Green factors from the 1975 Eighth Circuit case Green v. Missouri Pacific Railroad Co. (nature and gravity of the offense, time since it, nature of the job) remain a sound basis for a documented decision. Federal contractors may not ask for criminal history before a conditional offer for contract-related positions under 41 U.S.C. 4714, with exceptions for jobs where a law requires it or that involve classified information or sensitive law enforcement or national security duties. Reports from screening companies follow the FCRA background check process.

What should recruiters and staffing agencies do in Nevada?

For public clients, the recruiter's screen comes before the final in-person interview, so criminal history has no place in it. Candidates for county, city or state roles should hear about records only from the employer, after that interview or a conditional offer. For private clients, Nevada sets no timing rule, but candidates and jobs often cross into California, where the Fair Chance Act reaches private employers; see California's ban-the-box law. Settle at intake:

• Is the client a state agency, county, city, town or private employer?
• Is the job exempt (peace officer, firefighter, NCJIS or NCIC access), or does a specific law disqualify people with certain records?
• For public roles, when is the final in-person interview, and who sends the written notice if a record leads to a rejection?
• Does the application tell applicants sealed records need not be disclosed?
• Who orders the background check and sends the FCRA notices?

Nevada's other hiring rules also bear on intake: see the Nevada salary history ban and Nevada pay transparency law.

A script for Nevada screens

Public employer role, candidate volunteers a record: "Thanks for telling me. I don't screen on it and won't note it. The county only looks at background after its final interview or an offer, and it has to tell you in writing if it affects the decision."

Candidate asks about a sealed case: "In Nevada a sealed case is treated as never having happened, so you can answer questions on that basis."

Private client asks you to check records before submitting: "Nevada doesn't restrict private employers on timing, but we leave records to your background stage so every candidate is treated the same and the FCRA steps are followed."

A Nevada checklist for recruiting desks

1. Tag public requisitions and confirm any exemption or disqualifying law in writing.
2. Keep criminal history out of screens and submittals for all public roles.
3. Never ask about sealed records, and make application wording say so.
4. Keep volunteered details out of notes. See what not to write in interview notes.
5. For neighbors, see Utah's public employer law and Oregon's ban-the-box law; for the federal picture, ban-the-box laws and interview questions.