Decriminalization Of Certain Offenses

Nevada Assembly Bill 192 creates a process for people to have convictions expunged when the offense was later decriminalized. Residents may submit a written request to have an offense sealed to the court in which the conviction occurred. When this happens the court shall send the request to the office of the prosecuting attorney, who may file an objection. Unless there is valid cause to deny the request, the record may then be sealed.

Employers should be aware that records which have been expunged cannot be considered when making employment-related decisions.

Effective January 1, 2020

Nevada Employers May Not Deny Employment Due To Marijuana Usage

Governor Steve Sisolak signed Assembly Bill 132 (AB132) into law on June 5, 2019. The bill states: “It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.”

There are exceptions to this law. Employers may still consider marijuana when hiring:

  • Firefighters.
  • Emergency Medical Technicians.
  • Positions that require the operation of motor vehicles.
  • Positions that could “adversely affect the safety of others.”

Employees who are required to complete a drug screening within their first 30 days may do a follow-up screening at their own expense. The employee can use this to rebut the results of the initial screening.

Effective July 1, 2019

Decriminalized Records Can Be Sealed

Nevada passed Assembly Bill 192 (AB192) which allows residents to have criminal records sealed if the offense has been decriminalized.

AB192 states: “Any person who was convicted of that offense before the date on which the offense was decriminalized may submit a written request to any court in which the person was convicted of that offense for the sealing of any record of criminal history in its possession and in the possession of any agency of criminal justice relating to the conviction.”

When a request is submitted, the court shall forward it to the prosecuting attorney for review. If no objection is made, then the record can be sealed. If an objection is made, the court will review and make a decision.

Once a criminal record is sealed, the person’s civil rights to vote, hold office and serve on a jury will be restored.

AB192 goes into effect on July 1, 2019.

Effective January 1, 2018

Ban The Box

Nevada passed AB384, which decrees:
  • The criminal history of an applicant or qualified individual for a position in the unclassified service of the State may only be considered after:
    • The final in-person interview.
    • A conditional offer is made.
    • The applicant has been certified (when applicable).
  • The criminal history of an applicant or qualified individual for a position in the classified service of the State may only be considered after:
    • The final in-person interview.
    • The applicant has been certified.
    • A conditional offer is made.
  • If an applicant has a criminal record, then the following must be considered:
    • Whether or not the offenses are relevant to the position and job duties.
    • The nature and severity of each offense.
    • The age the person was at the time of an offense.
    • How much time has passed since the offense occurred.
    • Any documented rehabilitation.
  • If an applicant is refused based on their criminal record, they must be notified in writing and informed about the specific state evidence that led to the refusal to hire or rescission of a conditional offer.
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