Nevada Background Check Laws
Nevada removed its 7-year conviction lookback limit in 2015 — convictions now report indefinitely. Ban-the-box applies to public employers only. No Clean Slate law, but Nevada allows record sealing by petition after waiting periods.
Overview
Nevada used to have a 7-year lookback limit on criminal convictions, but the state removed this protection in 2015 through SB 409. Convictions can now be reported indefinitely by consumer reporting agencies. Non-conviction records are still limited to 7 years under the federal FCRA. Nevada has a ban-the-box policy for public employers (AB 384, 2019) but not for private employers. While the state lacks a Clean Slate law, Nevada does offer record sealing by petition after specified waiting periods (NRS 179.245), which can be an effective path to a fresh start if you're eligible.
How Far Back Does a Background Check Go in Nevada?
| Record Type | Rule in Nevada |
|---|---|
| Felony Convictions | Felony convictions can be reported indefinitely. There is no time limit on how far back a felony can appear on a background check. |
| Misdemeanor Convictions | Misdemeanor convictions can be reported indefinitely. The 2015 change removed any state-level time restriction on misdemeanor reporting as well. |
| All Convictions | No lookback limit. Nevada removed its 7-year conviction reporting limit in 2015 (SB 409). Consumer reporting agencies can now report criminal convictions indefinitely, regardless of how old they are or the salary of the position. |
| Arrests (No Conviction) | Non-conviction arrest records are limited to 7 years under the federal FCRA (15 U.S.C. § 1681c(a)(2)). This is the federal default — Nevada does not provide additional state-level restrictions on non-conviction arrest reporting. |
| Pending Cases | Pending criminal cases can be reported by consumer reporting agencies as they represent active court matters. |
Ban the Box / Fair Chance
Yes
Nevada's ban-the-box law (AB 384, 2019) applies to public employers — state and local government agencies. These employers cannot inquire about criminal history on the initial employment application. The law does NOT apply to private employers, who may ask about criminal history at any point in the hiring process. Exceptions exist for positions where background checks are required by law.
Effective: 2019-01-01
Clean Slate / Auto-Sealing
No Clean Slate law
Nevada does not have a Clean Slate (automatic record sealing) law. There is no automatic process for sealing or expunging criminal records. However, Nevada has a relatively accessible record sealing process by petition under NRS 179.245. After specified waiting periods, individuals can petition the court to seal their records, and sealed records do not appear on standard background checks.
What Employers Can Do in Nevada
- When can employers ask about criminal history?
- Public employers cannot ask on the initial application (AB 384). Private employers can ask about criminal history at any point in the hiring process, including on the job application.
- What can they consider?
- Employers can consider the full criminal history of an applicant without state-imposed time limitations. Sealed records should not appear on background checks and cannot be considered. Nevada does not have specific state requirements for individualized assessment, but federal anti-discrimination law (Title VII) still applies.
- Individualized assessment required?
- No state requirement for individualized assessment, though EEOC guidance recommends it.
Key Laws in Nevada
- SB 409 — Removal of 7-Year Lookback (2015)(2015)
Removed Nevada's previous 7-year lookback limit on reporting criminal convictions. Consumer reporting agencies can now report convictions indefinitely.
- AB 384 — Ban-the-Box for Public Employers (2019)(2019)
Prohibits state and local government employers from asking about criminal history on the initial job application. Does not apply to private employers.
- Nevada Record Sealing Statute (NRS 179.245)
Allows individuals to petition for sealing of criminal records after specified waiting periods. Waiting periods vary by offense: 1 year for acquittals/dismissals, 2 years for misdemeanors, 5 years for gross misdemeanors, and 5-15 years for felonies depending on category.
- NRS 179.301 — Records After Sealing
Once a record is sealed in Nevada, the person may answer that no such record exists when asked by employers or others. Sealed records are not accessible through standard background checks.
Frequently Asked Questions — Nevada
- How far back does a background check go in Nevada?
- Nevada has no time limit on reporting convictions. The state used to have a 7-year lookback, but it was removed in 2015 by SB 409. Consumer reporting agencies can now report convictions indefinitely. Non-conviction arrests are still limited to 7 years under federal law.
- Why did Nevada remove its 7-year lookback limit?
- In 2015, Nevada passed SB 409, which removed the state's 7-year lookback limitation on reporting criminal convictions. The change aligned Nevada with the federal FCRA default, which allows indefinite reporting of convictions. This was a step backward for people with criminal records in the state.
- Can I get my record sealed in Nevada?
- Yes. Nevada allows record sealing by petition under NRS 179.245. Waiting periods vary: acquittals and dismissals can be sealed after 1 year, misdemeanors after 2 years, gross misdemeanors after 5 years, and felonies after 5-15 years depending on the category. Once sealed, records do not appear on standard background checks and you can legally say the record does not exist.
- What offenses cannot be sealed in Nevada?
- Certain serious offenses cannot be sealed, including sex offenses requiring registration, crimes against children, DUI (unless eligible under specific provisions), felonies involving the use of a deadly weapon resulting in death, and certain other violent offenses. If you're unsure about your eligibility, consulting with a legal aid organization is a good step.
- Can a Nevada employer ask about criminal history on a job application?
- If it's a public (government) employer, no — AB 384 prohibits criminal history questions on the initial application. Private employers are not restricted and can ask about criminal history at any point, including on the application.
- How do I file to seal my record in Nevada?
- You file a petition with the court in the jurisdiction where the case was heard. You'll need to provide information about the case, your criminal history, and evidence that the waiting period has elapsed. The district attorney's office is notified and may object. If there is no objection, the court may grant the petition without a hearing. If there is an objection, a hearing will be scheduled.
- Will a sealed record show up on a Nevada background check?
- No. Once a record is sealed in Nevada under NRS 179.245, it is removed from public access. Consumer reporting agencies should not include sealed records in background reports. You are legally permitted to state that the record does not exist when asked by employers, landlords, or others — with limited exceptions for law enforcement and certain professional licensing inquiries.
- Does Nevada have any plans for a Clean Slate law?
- As of early 2026, Nevada has not enacted Clean Slate legislation for automatic record sealing. The state's petition-based record sealing process remains the primary path to relief. Advocacy groups continue to push for automatic sealing, but no legislation has been passed.
Nevada Resources
- Nevada Judiciary — Record Sealing
Nevada court system with information on filing petitions to seal criminal records, including forms and procedural guidance.
- Nevada Legal Services
Free legal assistance for low-income Nevadans, including help with record sealing petitions and understanding your criminal record rights.
- Nevada Department of Public Safety — Criminal History
Request your Nevada criminal history record from the Records, Communications and Compliance Division to see what appears on your background.
- Clark County Law Library — Self-Help Center
Free self-help resources for people navigating the court system in Clark County (Las Vegas area), including record sealing information.
Sources
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