Nevada Removes Seven Year Reporting Restriction for Convictions

 Criminal-Background-Check

Written By ESR News Blog Editor Thomas Ahearn

Nevada Governor Brian Sandoval has signed Senate Bill 409 (S.B. 409) which “removes the prohibition against disclosing a record of conviction of a crime which is more than 7 years old, meaning that there is no limitation of time for which such a record may be disclosed.” The text of Nevada SB 409 – which revises the law for preparing background check reports by Consumer Reporting Agencies (CRAs) – is at http://www.esrcheck.com/file/Nevada-SB409-Enrolled.pdf.

According to S.B. 409, existing Nevada state and federal law prohibits a credit reporting agency from disclosing in the credit report of a person information related to a bankruptcy filing that is more than 10 years old and certain other negative credit information that is more than 7 years old. However, existing federal law provides certain exceptions to the preceding federal prohibition, including an exception for a credit report prepared in connection with the employment of an individual whose salary will be greater than $75,000.

Sections 1 and 2 of Nevada S.B. 409 create a similar exception in Nevada state law for a credit report prepared for a gaming licensee in connection with a person who is seeking employment with the licensee or employment in a position connected directly with the licensee’s operations. Section 2 of Nevada S.B. 409 also removes the prohibition against disclosing a record of conviction of a crime which is more than 7 years old, meaning that in Nevada there is no limitation of time for which such a record may be disclosed.

In 2013, Governor Sandoval also signed Nevada Senate Bill 127 (SB 127) and Assembly Bill 181 (A.B. 181) that restricted employer access to both credit report information and social media accounts of employees and job applicants. The laws took effect on October 1, 2013. For more ESR News blogs about Nevada, visit http://www.esrcheck.com/wordpress/tag/nevada/. For more information about Employment Screening Resources® (ESR) – “The Background Check Authority®” – call toll free 888.999.4474 or visit http://www.esrcheck.com.

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