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 a county may be considered only after the earlier of:
(a) The final interview conducted in person; or
(b) The county has extended to the applicant a conditional offer of employment.
2. The board of county commissioners, a county officer or any other person acting on behalf of a county 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 board of county commissioners, a county officer or any other person acting on behalf of a county 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 board of county commissioners, a county officer or any other person acting on behalf of a county 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 county 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 board of county commissioners, a county officer or any other person acting on behalf of the county 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.
(Added to NRS by 2017, 2099)
Structure Nevada Revised Statutes
Chapter 245 - Counties: Officers and Employees Generally
NRS 245.010 - Certificates of election of county officers.
NRS 245.040 - Office hours of certain county officers; branch offices; penalties.
NRS 245.044 - Payment for longevity for elected county officers; option not to receive payment.
NRS 245.045 - Salaries of appointive county officers and employees fixed by ordinance or resolution.
NRS 245.050 - Biweekly or semimonthly payment of salaries.
NRS 245.060 - Travel expenses: Reimbursement; per diem allowance.
NRS 245.063 - Use of testing as factor in promotion of employees: Requirements; appeals; exception.
NRS 245.065 - Public hearing for dismissed employee in certain counties.
NRS 245.070 - County officers to contract only when authorized by commissioners.
NRS 245.075 - County officer not to be interested in certain contracts or purchases; penalties.
NRS 245.110 - Nevada Ethics in Government Law inapplicable to certain transactions.
NRS 245.120 - County officers may sell indebtedness for personal services rendered.
NRS 245.125 - Deposit and payment of money not belonging to county or its officers or employees.
NRS 245.140 - Certification of cause of certain vacancies.
NRS 245.150 - Certification of vacancy to Secretary of State.
NRS 245.160 - When commissioners declare an office vacant.
NRS 245.180 - Temporary appointments.
NRS 245.185 - Temporary limited appointments of certified persons with disabilities.
NRS 245.200 - Leaves of absence for elected county officers.
NRS 245.211 - Pension or insurance for peace officers and firefighters who are disabled.
NRS 245.213 - Establishment of merit system.
NRS 245.214 - Administration by board of county commissioners.