An eligible person that wishes to participate in the service must enter into a contract with the Central Repository. The elements of a contract entered into pursuant to this section must be limited to requiring the eligible person to:. The Central Repository may charge a reasonable fee for participation in the service. An authorized participant of the service may inquire about the records of criminal history of an employee, prospective employee, volunteer or prospective volunteer to determine the suitability of the employee or prospective employee for employment or the suitability of the volunteer or prospective volunteer for volunteering.
The Central Repository shall disseminate to an authorized participant of the service information which:. An employee, prospective employee, volunteer or prospective volunteer who is proposed to be the subject of a name-based search must provide his or her written consent directly to the authorized participant or, if the authorized participant is a screening service, directly to the eligible person designating the screening service to receive records of criminal history, for the Central Repository to perform the search and to release the information to an authorized participant.
The written consent form may be:. A screening service that is designated to receive records of criminal history on behalf of an eligible person may provide such records of criminal history to the eligible person upon request of the eligible person if the screening service maintains records of its dissemination of the records of criminal history.
The Central Repository may audit an authorized participant, at such times as the Central Repository deems necessary, to ensure that records of criminal history are securely maintained. The Central Repository may terminate participation in the service if an authorized participant fails:. A record of criminal history or any records of criminal history of the United States or another state obtained pursuant to this chapter must be used solely for the purpose for which the record was requested.
No person who receives information relating to records of criminal history pursuant to this chapter or who receives information pursuant to federal laws or regulations may disseminate the information further without express authority of law or in accordance with a court order. This section does not prohibit the dissemination of material by an employee of the electronic or printed media in a professional capacity for communication to the public.
Agencies of criminal justice may disclose to victims of a crime, members of their families or their guardians the identity of persons suspected of being responsible for the crime, including juveniles who have been certified to stand trial as adults, together with information, including dispositions, which may be of assistance to the victim in obtaining redress for an injury or loss in a civil action. This disclosure may be made regardless of whether charges have been filed, and even if a prosecuting attorney has declined to file charges or the charge has been dismissed.
Disclosure of investigative information pursuant to this section does not establish a duty to disclose any additional information concerning the same incident or make any disclosure of information obtained by an investigation, except as compelled by legal process. Each agency of criminal justice which maintains and disseminates information relating to records of criminal history must maintain a log of each dissemination of that information other than a dissemination of the fact that the agency has no record relating to a certain person.
The log must be maintained for at least 1 year after the information is disseminated, and must contain:. An entry showing to what agency or person the information relating to records of criminal history were provided;. Except as otherwise provided in this section, an agency of criminal justice may charge a reasonable fee for information relating to records of criminal history provided to any person or governmental entity.
An agency of criminal justice shall not charge a fee for providing such information to another agency of criminal justice if the information is provided for purposes of the administration of criminal justice. All money received or collected by the Department pursuant to this section must be used to defray the cost of operating the Central Repository.
Added to NRS by , ; A , ; , ; , ; , , ; , ; , ; , ; , ; , ; , Added to NRS by , ; A , ; , ; , ; , , ; , ; , ; , ; , ; , ; , 5 , , effective January 2, The Central Repository and each state, municipal, county or metropolitan police agency shall permit a person, who is or believes he or she may be the subject of information relating to records of criminal history maintained by that agency, to appear in person during normal business hours of the agency and inspect any recorded information held by that agency pertaining to that person.
This right of access does not extend to data contained in intelligence, investigative or other related files, and does not include any information other than information contained in a record of criminal history. Each such agency shall adopt regulations and make available necessary forms to permit inspection and review of information relating to other records of criminal history by those persons who are the subjects thereof.
The regulations must specify:. Each such agency shall procure for and furnish to any person who requests it and pays a reasonable fee therefor, all of the information contained in the Central Repository which pertains to the person making the request.
The Director of the Department shall adopt regulations governing:. The corrected information must be sent to each person who requested the information in the 12 months preceding the date on which the correction was made, and notice of the correction must be sent to each person entitled thereto pursuant to federal laws or regulations, to the address given by each person who requested the information when the request was made.
If a person has been arrested or issued a citation, or has been the subject of a warrant for alleged criminal conduct and the person is acquitted of the charge or the disposition of the charge is favorable to the person, at any time after the charge is dismissed, acquittal is entered or disposition of the charge in favor of the person is final, the person who is the subject of a record of criminal history relating to the arrest, citation or warrant may apply in writing to the Central Repository and the agency which maintains the record to have it removed from the files which are available and generally searched for the purpose of responding to inquiries concerning the criminal history of a person.
The Central Repository and the agency shall remove the record unless:. This section does not restrict the authority of a court to order the deletion or modification of a record in a particular cause or concerning a particular person or event. Upon receiving a record transmitted pursuant to NRS Except as otherwise provided in subsection 3, if the Central Repository receives a record described in subsection 1, the person who is the subject of the record may petition the court for an order declaring that:.
To the extent authorized by federal law, if the record concerning the petitioner was transmitted to the Central Repository pursuant to NRS The Nevada Rules of Civil Procedure govern all proceedings concerning a petition filed pursuant to subsection 2.
The court shall grant the petition and issue the order described in subsection 2 if the court finds that the petitioner has established that:.
Except as otherwise provided in this subsection, the petitioner must establish the provisions of subsection 6 by a preponderance of the evidence. If the adjudication or finding concerning the petitioner was made pursuant to NRS The court, upon entering an order pursuant to this section, shall cause, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to the Central Repository.
Within 5 business days after receiving a record of an order transmitted pursuant to subsection 8, the Central Repository shall take reasonable steps to ensure that information concerning the adjudication or finding made pursuant to NRS If the Central Repository fails to remove a record as provided in subsection 9, the petitioner may bring an action to compel the removal of the record. If a petition brought pursuant to subsection 2 is denied, the person who is the subject of the record may petition for a rehearing not sooner than 2 years after the date of the denial of the petition.
Any record described in NRS A. A person may not use the record for any purpose other than for a purpose related to criminal justice, including, without limitation, inclusion in the appropriate database of the National Instant Criminal Background Check System and the National Crime Information Center, if applicable. The Central Repository may disclose the record to any agency of criminal justice. If a person or governmental entity is required to transmit, report or take any other action concerning a record pursuant to NRS The Central Repository shall permit a person who is or believes he or she may be the subject of information relating to records of mental health held by the Central Repository to inspect and correct any information contained in such records.
The Central Repository shall adopt regulations and make available necessary forms to permit inspection, review and correction of information relating to records of mental health by those persons who are the subjects thereof. The Director of the Department shall establish within the Central Repository a program for reporting crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression.
The program must be designed to collect, compile and analyze statistical data about crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression. The Director shall adopt guidelines for the collection of the statistical data, including, but not limited to, the criteria to establish the presence of prejudice.
The Central Repository shall include in any appropriate report an independent section relating solely to the analysis of crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression. Data acquired pursuant to this section must be used only for research or statistical purposes and must not contain any information that may reveal the identity of an individual victim of a crime.
Added to NRS by , ; A , 65 ; , , The Director of the Department shall administer the Account. The money in the Account must be expended only to pay the costs of the Central Repository to process requests from nonprofit agencies for information on the background of a volunteer of a nonprofit agency who works directly with children or a prospective volunteer of the nonprofit agency who will work directly with children.
The existence of the Account does not create a right in any person to receive money from the Account. The Director of the Department may apply for and accept any gift, donation, bequest, grant or other source of money. Any money so received must be deposited in the Account.
The interest and income earned on money in the Account from any gift, donation or bequest, after deducting any applicable charges, must be credited to the Account. Money from any gift, donation or bequest that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
The Director of the Department shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation:. The following facts must not be considered as evidence of negligence or causation in any civil action brought against a nonprofit agency:. A state or local governmental agency:. May establish forms and procedures for a person to donate money to the Account to Process Requests for Information on the Background of Volunteers Who Work With Children while the person is transacting business with the State or local governmental agency; and.
Shall deposit any money received for the Account with the State Treasurer for credit to the Account. Except as otherwise provided in subsection 10, the Repository for Information Concerning Orders for Protection must contain a complete and systematic record of all:.
The records contained in the Repository for Information Concerning Orders for Protection must be kept in accordance with the regulations adopted by the Director of the Department. The information in the Repository for Information Concerning Orders for Protection must be accessible by computer at all times to each agency of criminal justice. The Repository for Information Concerning Orders for Protection shall retain all records of an expired temporary or extended order for protection unless such an order is sealed by a court of competent jurisdiction.
The existence of a record of an expired temporary or extended order for protection in the Repository for Information Concerning Orders for Protection does not prohibit a person from obtaining a firearm or a permit to carry a concealed firearm unless such conduct violates:. On or before July 1 of each year, the Director of the Department shall submit to the Director of the Legislative Counsel Bureau a written report concerning all temporary and extended orders for protection issued pursuant to NRS The report must include, without limitation, information for each court that issues temporary or extended orders for protection pursuant to NRS The information provided pursuant to subsection 8 must include only aggregate information for statistical purposes and must exclude any identifying information relating to a particular person.
The Repository for Information Concerning Orders for Protection must not contain any information concerning an event that occurred before October 1, The Repository for Information Concerning Crimes Against Older Persons or Vulnerable Persons must contain a complete and systematic record of all reports of the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons in this State. The record must be prepared in a manner approved by the Director of the Department and must include, without limitation, the following information:.
On or before July 1 of each year, the Director of the Department shall prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that sets forth statistical data on the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons.
The data and findings generated pursuant to this section must not contain information that may reveal the identity of an individual victim or a person accused of the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons.
Added to NRS by , ; A , ; , 82 ; , ; , ; , If a local law enforcement agency uses a gang database for the purposes of identifying suspected members and affiliates of a criminal gang, the local law enforcement agency must comply with the following requirements:.
Such written notice must include, without limitation, detailed instructions on the process for contesting registration as provided in this section. The in-person interview must be conducted as soon as reasonably practicable at a date and time convenient to the person who is contesting his or her registration.
The in-person interview must be conducted as soon as reasonably practicable at a date and time convenient to the person who is requesting removal of his or her registration from the database.
The National Crime Prevention and Privacy Compact is hereby ratified, enacted into law and entered into with all jurisdictions legally joining in the Compact, in substantially the form set forth in this section:. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records. Article III. Responsibilities of Compact Parties. Article IV. Authorized Record Disclosures. Each Compact officer shall establish procedures, consistent with this Compact and with rules, procedures, and standards established by the Council under Article VI, which procedures shall protect the accuracy and privacy of the records and shall:.
Article V. A criminal justice agency may respond to any inquiry from another criminal justice agency without any obligation to ascertain the purpose for which the information is to be used by the agency making the inquiry. Such contract must specifically authorize access to criminal history record information, but need not specifically state that access to nonconviction data is included. The agreement must limit the use of the criminal history record information to stated purposes and insure the confidentiality and security of the information consistent with state law and any applicable federal statutes and regulations.
Such agreement must authorize the access to nonconviction data, limit the use of that information which identifies specific individuals to research, evaluative, or statistical purposes, and contain provisions giving notice to the person or organization to which the records are disseminated that the use of information obtained therefrom and further dissemination of such information are subject to the provisions of this chapter and applicable federal statutes and regulations, which shall be cited with express reference to the penalties provided for a violation thereof.
Information pertaining to disseminations shall include:.
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