HR Alert

Nevada Amends Law on Name-Based Searches of Criminal History Records

Amended Law Currently in Effect

Nevada has amended its law on name-based searches of criminal history records. Highlights of the amended law are presented below.

Definitions
Under the amended law, "authorized participant" means an eligible person (including an employer, a volunteer organization, or an employment screening service) who has entered into a contract with the Central Repository for Nevada Records of Criminal History to participate in a service to conduct a name-based search of criminal history records (further discussed in the "Background" section below).

"Employer" means a person that employs an employee or enters into a contract with an independent contractor. (The previous version of the law defined an "employer" as a person in Nevada that performs the actions mentioned in the preceding sentence.)

Permissible Actions
Under the amended law, an authorized participant of the criminal history search service may inquire about the criminal history records of an employee, prospective employee, volunteer, or prospective volunteer to determine the suitability of the employee or prospective employee for employment (including performing services for an employer as an independent contractor), or the suitability of the volunteer or prospective volunteer for volunteering.

Additionally, an employment screening service that is designated to receive criminal history records on behalf of an employer or volunteer organization may provide such criminal history records to the employer or volunteer organization upon request of the employer or volunteer organization--if the employment screening service maintains records of its dissemination of the criminal history records.

Background
State law establishes--within the Central Repository for Nevada Records of Criminal History--a service to conduct a name-based search of criminal history records of an employee, prospective employee, volunteer, or prospective volunteer. An eligible person that wishes to participate in the service must enter into a contract with the Central Repository. The Central Repository may charge a fee for participation in the service.

Additional details are contained in the text of the amended law. The amended law is currently in effect.


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