Nevada § 268.402 - Use of criminal history in evaluating employment applications; exceptions

§ 268.402. 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 incorporated

city may be considered only after the earlier of: (a) The final interview conducted in person; or (b) The incorporated city has extended to the applicant a conditional offer of employment. 2. The governing body of an incorporated city or a city officer 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 governing body or a city officer 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 criminal 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. The governing body of an incorporated city or a city officer 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 for 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 a

conditional 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 incorporated city 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 governing body of an incorporated city or a city officer 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.