[Rev. 11/21/2013 3:52:42 PM--2013]

[NAC-179A Revised Date: 7-11]

CHAPTER 179A - RECORDS OF CRIMINAL HISTORY

GENERAL PROVISIONS

179A.010         Definitions.

179A.015         “Central Repository” defined.

179A.020         “Custodian of records” defined.

179A.030         “Director” defined.

179A.031         “Information relating to records of mental health” defined.

179A.035         “Revolving Account” defined.

179A.037         “Volunteer” defined.

179A.040         Security of records generally.

179A.050         Authorization for access; instruction of personnel.

179A.060         Security of records at repository.

179A.070         Standards for employment as custodian of records.

179A.080         Audits of informational systems.

CORRECTION OF RECORDS

179A.090         Challenge to accuracy of record; correction.

179A.100         Dissemination of notice of correction.

179A.110         Appeals.

REVOLVING ACCOUNT TO INVESTIGATE BACKGROUND OF VOLUNTEERS WHO WORK WITH CHILDREN

179A.150         Procedure for request by nonprofit agency for background check on volunteer.

179A.160         Performance of background check by Central Repository; denial of request for grant of money from Account.

179A.180         Criteria for grant of money from Account; use of money.

179A.190         Priority of allocation of money in Account.

179A.200         Contributions to Account.

TRANSMITTAL OF MENTAL HEALTH INFORMATION TO NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

179A.250         Form for transmittal; entry of information into database of National Instant Criminal Background Check System; contents of database; confidentiality of information.

179A.260         Identification by Director or designee of erroneous information in database; procedure for correction.

179A.270         Inspection, review or challenge by certain persons to accuracy of information; fee.

179A.280         Form for relief of disability; removal of information from database.

 

 

 

GENERAL PROVISIONS

      NAC 179A.010  Definitions. (NRS 179A.080)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 179A.015 to 179A.037, inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Dep’t of Motor Veh. & Pub. Safety by R099-00, 8-31-2000; A by Dep’t of Pub. Safety by R023-10, 7-22-2010, & by Central Repository for Nev. Records of Crim. Hist. by R045-10, 7-22-2010)

      NAC 179A.015  “Central Repository” defined. (NRS 179A.080)  “Central Repository” means the Central Repository for Nevada Records of Criminal History.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R099-00, eff. 8-31-2000)

      NAC 179A.020  “Custodian of records” defined. (NRS 179A.080)  “Custodian of records” means a person who is employed by an agency of criminal justice in a position in which he or she has responsibility for the maintenance and dissemination of records of criminal history.

     [Comm’n on Crimes, Delinquency and Corrections, No. 1, eff. 10-16-80]

      NAC 179A.030  “Director” defined.  “Director” means the Director of the Department of Public Safety.

     (Supplied in codification)

      NAC 179A.031  “Information relating to records of mental health” defined. (NRS 179A.167)  “Information relating to records of mental health” means information contained in a record:

     1.  Transmitted to the Central Repository pursuant to NRS 159.0593, 174.035, 175.533, 175.539, 178.425 or 433A.310; or

     2.  Transmitted to the National Instant Criminal Background Check System pursuant to NRS 179A.163.

     (Added to NAC by Dep’t of Pub. Safety by R023-10, eff. 7-22-2010, & by Central Repository for Nev. Records of Crim. Hist. by R045-10, eff. 7-22-2010)

      NAC 179A.035  “Revolving Account” defined. (NRS 179A.310)  “Revolving Account” means the Revolving Account to Investigate the Background of Volunteers Who Work With Children created pursuant to NRS 179A.310.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R099-00, eff. 8-31-2000)

      NAC 179A.037  “Volunteer” defined. (NRS 179A.310)  “Volunteer” means:

     1.  A volunteer of a nonprofit agency who works directly with children; or

     2.  A prospective volunteer of a nonprofit agency who will work directly with children.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R099-00, eff. 8-31-2000)

      NAC 179A.040  Security of records generally. (NRS 179A.080)

     1.  Each agency of criminal justice shall provide a means of protecting its records of criminal history:

     (a) During any times when the records are accessible to unauthorized persons; and

     (b) In any circumstances where the records are unattended during certain hours of the day.

     2.  Each agency of criminal justice shall provide a means of eliminating the operational capability of computer terminals which give access to the Central Repository whenever those terminals are not under the direct control of authorized personnel.

     3.  The Central Repository must be provided with a means of preventing access to the computer facility except by authorized personnel.

     4.  Computer printouts which contain records of criminal history and are generated as a result of testing the system or trouble-shooting must be destroyed after such a use.

     [Comm’n on Crimes, Delinquency and Corrections, No. 5, eff. 10-16-80]—(NAC A by Dep’t of Pub. Safety by R023-10, 7-22-2010)

      NAC 179A.050  Authorization for access; instruction of personnel. (NRS 179A.080)

     1.  Only those persons specifically authorized by an agency of criminal justice may have routine access to areas and devices where records of criminal history are stored.

     2.  Each agency of criminal justice shall instruct its personnel periodically on its policies and procedures for handling records of criminal history.

     [Comm’n on Crimes, Delinquency and Corrections, No. 7, eff. 10-16-80]

      NAC 179A.060  Security of records at repository. (NRS 179A.080)

     1.  Each person who is engaged in data processing and who has access to information in the records of criminal history at a repository must meet the standards established for employment as a custodian of records.

     2.  Only those persons specifically authorized by the head of the repository may have access to areas and devices where records of criminal history are stored.

     3.  Duplicate copies of the computerized records of criminal history must be made and placed in a safe storage area located outside the normal confines of the data processing area. To the extent practicable, the copies must be kept current with new information being entered into the computerized records.

     4.  The head of the repository shall instruct his or her personnel periodically on policies and procedures for handling records of criminal history.

     [Comm’n on Crimes, Delinquency and Corrections, No. 8, eff. 10-16-80]

      NAC 179A.070  Standards for employment as custodian of records. (NRS 179A.080)

     1.  Every person who maintains or disseminates Nevada records of criminal history must meet the standards described in this section for employment as a custodian of records.

     2.  Before being appointed by an agency as a custodian of records, a person must provide the agency with:

     (a) A statement of his or her personal history and such other information as the agency may require to determine the person’s ability to perform the duties of the position; and

     (b) Two fingerprint cards with his or her fingerprints so that a state and national background check of the person’s records of criminal history can be performed.

     3.  The agency may retain statements and documents received from the person seeking the appointment and may use the facts obtained therefrom to determine the person’s suitability for the appointment.

     4.  A person is disqualified from appointment as a custodian of records if he or she has:

     (a) Been convicted of any crime for which registration is required pursuant to chapter 179C or 179D of NRS;

     (b) Been convicted of two or more crimes of which fraud or intent to defraud is an element, or two or more offenses of larceny;

     (c) Been convicted of any crime in which stealing, altering, falsifying or defacing public records is an element;

     (d) Practiced or attempted to practice any deception or fraud in his or her application, examination, documentation or statements or in securing eligibility for appointment as a custodian of records; or

     (e) Any outstanding criminal warrants for the person’s arrest.

     5.  An agency of criminal justice may set higher standards for its appointment of a custodian of records than those established by this section.

     [Comm’n on Crimes, Delinquency and Corrections, No. 6, eff. 10-16-80]—(NAC A by Dep’t of Pub. Safety by R023-10, 7-22-2010)

      NAC 179A.080  Audits of informational systems. (NRS 179A.080)  An audit by the Director of an informational system of Nevada records of criminal history must include an examination of:

     1.  The agency’s method of reporting information to the Central Repository;

     2.  The completeness and accuracy of the agency’s records;

     3.  The agency’s controls over disseminating its records;

     4.  The agency’s physical, technical and administrative security; and

     5.  The agency’s provisions for allowing a person to exercise the right to review and challenge his or her Nevada record of criminal history.

     [Comm’n on Crimes, Delinquency and Corrections, No. 10, eff. 10-16-80]—(NAC A by Dep’t of Pub. Safety by R023-10, 7-22-2010)

CORRECTION OF RECORDS

      NAC 179A.090  Challenge to accuracy of record; correction. (NRS 179A.080, 179A.150)

     1.  Any person who believes that an error exists in a record of his or her criminal history may challenge the accuracy of the record or any erroneous entry in it.

     2.  The challenge must be presented to the agency of criminal justice in which the information was originally recorded and must be made on a form prescribed by the Director.

     3.  Upon receiving the challenge, the agency shall review the record and, in writing, grant or deny the challenge.

     4.  If a correction of the challenged record is allowed, the agency shall modify its record and the corresponding record in the Central Repository. The agency shall complete the bottom section of the proper form, allowing or denying the modification. If the modification is denied, the agency shall explain the reason for the denial.

     [Comm’n on Crimes, Delinquency and Corrections, No. 2, eff. 10-16-80]—(NAC A by Dep’t of Pub. Safety by R023-10, 7-22-2010)

      NAC 179A.100  Dissemination of notice of correction. (NRS 179A.080)  If an agency finds that a person’s record of criminal history is incorrect, the agency shall complete the form prescribed by the Director for disseminating a notice of corrections. In completing the form, the agency shall:

     1.  Include a full description of the person;

     2.  Include the original record of the person;

     3.  Explain the necessary corrections; and

     4.  Sign the form.

     [Comm’n on Crimes, Delinquency and Corrections, No. 3, eff. 10-16-80]

      NAC 179A.110  Appeals. (NRS 179A.080)

     1.  If a correction of a record of criminal history is not allowed by an agency, the person making the challenge may appeal, in writing, to the Director of the Department of Public Safety, 555 Wright Way, Carson City, Nevada 89711.

     2.  A copy of the form used to challenge the record and a copy of the person’s record must accompany the appeal.

     3.  The Director will make a decision on the appeal, requiring or denying a modification of the record.

     4.  The Director will give the agency and the person who appealed notice of the disposition of the matter.

     5.  If a modification is required pursuant to the appeal, the agency shall complete the proper form and disseminate the proper information.

     [Comm’n on Crimes, Delinquency and Corrections, No. 4, eff. 10-16-80]

REVOLVING ACCOUNT TO INVESTIGATE BACKGROUND OF VOLUNTEERS WHO WORK WITH CHILDREN

      NAC 179A.150  Procedure for request by nonprofit agency for background check on volunteer. (NRS 179A.310)

     1.  Before submitting a request to the Central Repository for a background check of a volunteer, a nonprofit agency must apply for a grant of money from the Revolving Account pursuant to NRS 179A.310 on the form prescribed by the Central Repository.

     2.  A nonprofit agency that requests a state background check of a volunteer must submit to the Central Repository a noncriminal fingerprint impression card that contains the fingerprints of the volunteer about whom the request is made. The card must be completed by an entity that has the ability to record fingerprint impressions, such as a county sheriff’s office or municipal police department.

     3.  A nonprofit agency that submits a request for a background check of a volunteer may request a national background check in addition to a state background check. An agency that requests a national background check must, in addition to the fingerprint card required pursuant to subsection 2, submit an FD-258 fingerprint card to the Central Repository.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R099-00, eff. 8-31-2000; A by Dep’t of Pub. Safety by R023-10, 7-22-2010)

      NAC 179A.160  Performance of background check by Central Repository; denial of request for grant of money from Account. (NRS 179A.310)

     1.  Upon receipt of a request for a background check that complies with NAC 179A.150, the Central Repository shall:

     (a) Except as otherwise provided in subsection 2, conduct a background check of state records pursuant to NRS 179A.210; and

     (b) If the request includes a request for a national background check, send the FD-258 fingerprint card to the Federal Bureau of Investigation for a search of the criminal history records of the Federal Bureau of Investigation.

     2.  If the Central Repository denies a request for a grant of money from the Revolving Account due to insufficient funds, the Central Repository shall not conduct a background check pursuant to NRS 179A.210 and shall return the fingerprint card to the nonprofit agency.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R099-00, eff. 8-31-2000; A by Dep’t of Pub. Safety by R023-10, 7-22-2010)

      NAC 179A.180  Criteria for grant of money from Account; use of money. (NRS 179A.310)

     1.  The Central Repository shall not award a grant of money from the Revolving Account unless:

     (a) The nonprofit agency that requested the background check:

          (1) Is registered as a nonprofit agency with the Secretary of State;

          (2) Provides a service in this state which involves working with persons who are less than 16 years of age; and

          (3) Has complied with NAC 179A.150; and

     (b) The person about whom the background check is made:

          (1) Is a volunteer for the nonprofit agency who requested the background check; and

          (2) Has direct contact with and provides services primarily to, or will have direct contact with and will provide services primarily to, persons who are less than 16 years of age and who are residents of this state.

     2.  The Central Repository shall use money from the Revolving Account to pay for the costs of conducting background checks for volunteers.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R099-00, eff. 8-31-2000; A by Dep’t of Pub. Safety by R023-10, 7-22-2010)

      NAC 179A.190  Priority of allocation of money in Account. (NRS 179A.310)  The Director will allocate money in the Revolving Account for award based on the date that the request was received by the Central Repository.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R099-00, eff. 8-31-2000; A by Dep’t of Pub. Safety by R023-10, 7-22-2010)

      NAC 179A.200  Contributions to Account. (NRS 179A.310)

     1.  A person may contribute money to the Revolving Account by gift, donation, bequest, grant or other source of money.

     2.  A person who desires to make a contribution to the Revolving Account must submit with the contribution a letter which states:

     (a) That the contribution is being made towards the Revolving Account to offset the costs of background checks of volunteers; and

     (b) The name of the person making the contribution.

     3.  A contribution to the Revolving Account must be made payable to the “Nevada State Treasurer.”

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety by R099-00, eff. 8-31-2000)

TRANSMITTAL OF MENTAL HEALTH INFORMATION TO NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

      NAC 179A.250  Form for transmittal; entry of information into database of National Instant Criminal Background Check System; contents of database; confidentiality of information. (NRS 179A.167)

     1.  The Central Repository will make available to the courts of this State a form for the transmittal of information relating to records of mental health.

     2.  Upon receipt of a form for the transmittal of information relating to records of mental health, the Central Repository will ensure that the information reported in the record is included in the database of the National Instant Criminal Background Check System.

     3.  The information included in the database of the National Instant Criminal Background Check System must provide, without limitation, the following information concerning the person who is the subject of the records of mental health:

     (a) Full legal name;

     (b) Date of birth;

     (c) State of residence, if available;

     (d) Place of birth, if available;

     (e) Gender;

     (f) Race, if available;

     (g) Height, if available;

     (h) Weight, if available;

     (i) Hair and eye color, if available;

     (j) Social security number, if available;

     (k) Aliases, if any; and

     (l) Any other information that assists with establishing the identity of the person.

     4.  The Central Repository will ensure the confidentiality of the information included on the forms for the transmittal of information relating to records of mental health received by the courts by maintaining such forms in a secure environment with limited access.

     (Added to NAC by Central Repository for Nev. Records of Crim. Hist. by R045-10, eff. 7-22-2010)

      NAC 179A.260  Identification by Director or designee of erroneous information in database; procedure for correction. (NRS 179A.167)  If the Director or the Director’s designee determines that information relating to records of mental health held by the Central Repository and included in the database of the National Instant Criminal Background Check System is inaccurate, insufficient or incomplete in any material respect, the Central Repository shall:

     1.  If it is determined to be an error in data entry in the database of the National Instant Criminal Background Check System, correct the error within 1 business day.

     2.  If it is determined to be an error contained in a form for the transmittal of information relating to records of mental health provided by a court, provide the person who is the subject of information relating to records of mental health the name of the court and a person employed at the court who may be contacted for the purpose of challenging the accuracy of the information contained in such records. Upon receipt from a court of a corrected form for the transmittal of information relating to records of mental health, the Central Repository shall make the corrections to the database of the National Instant Criminal Background Check System within 3 business days.

     3.  Provide a letter to the person who is the subject of information relating to records of mental health and to the court who provided the information contained in such records stating that the information contained in the records has been corrected in the database of the National Instant Criminal Background Check System.

     (Added to NAC by Dep’t of Pub. Safety by R023-10, eff. 7-22-2010)

      NAC 179A.270  Inspection, review or challenge by certain persons to accuracy of information; fee. (NRS 179A.167)  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 and included in the database of the National Instant Criminal Background Check System may inspect, review or challenge the accuracy of the information contained in such records by:

     1.  Appearing in person at the office of the Central Repository;

     2.  Providing a government-issued photo identification card as proof of identity;

     3.  Completing the form designated by the Central Repository to permit inspection, review or challenge of the accuracy of the information contained in such records; and

     4.  Paying the fee of $18.45 for inspection, review or challenge of the accuracy of the information contained in such records in the form of a certified check or money order made payable to the “Records and Technology Division of the Department of Public Safety.”

     (Added to NAC by Central Repository for Nev. Records of Crim. Hist. by R045-10, eff. 7-22-2010)

      NAC 179A.280  Form for relief of disability; removal of information from database. (NRS 179A.167)

     1.  The Central Repository shall make available to the courts of this State a form for the relief from disability of a person who is the subject of information relating to records of mental health.

     2.  Within 5 business days after receiving from a court a form for the relief from disability of a person who is the subject of information relating to records of mental health, the Central Repository shall remove such records from the database of the National Instant Criminal Background Check System and destroy any forms related to such records held by the Central Repository.

     3.  As used in this section, “form for the relief from disability” means the form used by a court to transmit a record of an order issued pursuant to NRS 179A.163.

     (Added to NAC by Dep’t of Pub. Safety by R023-10, eff. 7-22-2010)