NAC: CHAPTER 179A - RECORDS OF CRIMINAL HISTORY

[Rev. 12/7/2017 12:26:18 PM]

[NAC-179A Revised Date: 12-17]

CHAPTER 179A - RECORDS OF CRIMINAL HISTORY

GENERAL PROVISIONS

179A.010 Definitions.

179A.013 “Authorized recipient” defined.

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.034 “Record of criminal history” defined.

179A.035 “Revolving Account” defined.

179A.036 “Security Policy” defined.

179A.037 “Volunteer” defined.

179A.038 Adoption by reference of Administrative Policies.

179A.039 Adoption by reference of Security Policy.

179A.040 Requirements for collecting, using, safeguarding, handling, retaining, storing, disseminating and destroying records.

179A.060 Security of records at Central Repository, agency of criminal justice or authorized recipient.

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; explanation for denial.

179A.100 Dissemination of notice of correction.

179A.110 Appeals.

REVOLVING ACCOUNT TO PROCESS REQUESTS FOR INFORMATION ON THE BACKGROUND OF VOLUNTEERS WHO WORK WITH CHILDREN

179A.150 Application for grant of money; submission of noncriminal fingerprint card with request for state background check.

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

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

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

179A.200 Contributions to Revolving 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.013 “Authorized recipient” defined. (NRS 179A.080) “Authorized recipient” means:

1. A nongovernmental entity authorized by federal law or an executive order of the President of the United States to receive information concerning records of criminal history for noncriminal justice purposes; or

2. A government agency authorized by federal law, an executive order of the President of the United States or a state law that has been approved by the Attorney General of the United States to receive information concerning records of criminal history for noncriminal justice purposes.

(Added to NAC by Dep’t of Public Safety by R019-16, eff. 12-21-2016)

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 the Central Repository, an agency of criminal justice or an authorized recipient 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 A by Dep’t of Public Safety by R019-16, 12-21-2016)

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.034 “Record of criminal history” defined. (NRS 179A.075, 179A.080) “Record of criminal history” has the meaning ascribed to it in NRS 179A.070 and includes, without limitation, a record of a biometric identifier of a person. As used in this section, “biometric identifier” has the meaning ascribed to it in NRS 179A.035.

(Added to NAC by Central Repository for Nev. Records of Crim. Hist. by R011-16, eff. 12-21-2016)

NAC 179A.035 “Revolving Account” defined. (NRS 179A.310) “Revolving Account” means the Revolving Account to Process Requests for Information on 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.036 “Security Policy” defined. (NRS 179A.080) “Security Policy” means the Security Policy of the Criminal Justice Information Services Division of the Federal Bureau of Investigation, as adopted by reference in NAC 179A.039.

(Added to NAC by Dep’t of Public Safety by R019-16, eff. 12-21-2016)

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.038 Adoption by reference of Administrative Policies. (NRS 179A.080)

1. The Director hereby adopts by reference the Administrative Policies of the Nevada Criminal Justice Information System, which is available from the Central Repository, free of charge, at 333 West Nye Lane, Suite 101, Carson City, Nevada 89706, or by telephone at (775) 684-6262.

2. The Director or his or her designee will periodically review the standards and requirements in the Administrative Policies and, not later than 30 days after each review, determine whether any change made to the Administrative Policies is appropriate for application. If the Director or his or her designee does not disapprove a change made to the Administrative Policies within 30 days after a review, the change is deemed to be approved by the Director or his or her designee.

(Added to NAC by Dep’t of Public Safety by R019-16, eff. 12-21-2016)

NAC 179A.039 Adoption by reference of Security Policy. (NRS 179A.080)

1. The Director hereby adopts by reference the Security Policy of the Criminal Justice Information Services Division of the Federal Bureau of Investigation, which is available, free of charge, at the Internet address https://www.fbi.gov/services/cjis/cjis-security-policy-resource-center.

2. The Director or his or her designee will periodically review the standards and requirements in the Security Policy and, not later than 30 days after the completion of each review, determine whether any change made to the Security Policy is appropriate for application. If the Director or his or her designee does not disapprove a change made to the Security Policy within 30 days after a review, the change is deemed to be approved by the Director or his or her designee.

(Added to NAC by Dep’t of Public Safety by R019-16, eff. 12-21-2016)

NAC 179A.040 Requirements for collecting, using, safeguarding, handling, retaining, storing, disseminating and destroying records. (NRS 179A.080) Each agency of criminal justice and authorized recipient shall provide a means of collecting, using, safeguarding, handling, retaining, storing, disseminating and destroying its records of criminal history in accordance with the provisions of this chapter and chapter 179A of NRS, the Security Policy and the Administrative Policies of the Nevada Criminal Justice Information System, as adopted by reference in NAC 179A.038.

[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; R019-16, 12-21-2016)

NAC 179A.060 Security of records at Central Repository, agency of criminal justice or authorized recipient. (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 the Central Repository, an agency of criminal justice or an authorized recipient must meet the standards established for employment as a custodian of records pursuant to NAC 179A.070 and the standards established in the Security Policy.

2. Only those persons who meet the requirements of subsection 1 or who are specifically authorized by the Central Repository, an agency of criminal justice or an authorized recipient may have access to areas and devices where records of criminal history are stored or accessed.

3. The heads of the Central Repository, each agency of criminal justice and each authorized recipient or their respective designees shall instruct their personnel periodically on policies and procedures for handling records of criminal history.

4. The Central Repository shall maintain duplicate copies of its computerized records of criminal history 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.

[Comm’n on Crimes, Delinquency and Corrections, No. 8, eff. 10-16-80] — (NAC A by Dep’t of Public Safety by R019-16, 12-21-2016)

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 the Central Repository, an agency of criminal justice or an authorized recipient as a custodian of records, a person must provide the Central Repository, agency of criminal justice or authorized recipient, as applicable, with:

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

(b) One fingerprint card 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 Central Repository, agency of criminal justice or authorized recipient 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;

(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. The Central Repository, an agency of criminal justice or an authorized recipient 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; R019-16, 12-21-2016)

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 method of the agency of criminal justice of reporting information to the Central Repository;

2. The completeness and accuracy of the records of the agency of criminal justice;

3. The controls of the agency of criminal justice or authorized recipient over disseminating its records;

4. The physical, technical and administrative security of the agency of criminal justice or authorized recipient; and

5. The provisions of the agency of criminal justice or authorized recipient 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; R019-16, 12-21-2016)

CORRECTION OF RECORDS

NAC 179A.090 Challenge to accuracy of record; correction; explanation for denial. (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. If the challenge 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; R019-16, 12-21-2016)

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 PROCESS REQUESTS FOR INFORMATION ON THE BACKGROUND OF VOLUNTEERS WHO WORK WITH CHILDREN

NAC 179A.150 Application for grant of money; submission of noncriminal fingerprint card with request for state background check. (NRS 179A.080, 179A.310)

1. Before submitting a request to the Central Repository for a background check of a volunteer, a nonprofit agency may 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 pursuant to subsection 5 of NRS 179A.100 or a provision of federal law that authorizes the submission of fingerprints for a fingerprint-based background check of a person working with vulnerable populations, including, without limitation, children, must submit to the Central Repository a noncriminal fingerprint card that contains the fingerprints of the volunteer about whom the request is made.

(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; R019-16, 12-21-2016)

NAC 179A.160 Performance of background check by Central Repository; effect of denial of request for grant of money from Revolving Account. (NRS 179A.080, 179A.310)

1. Upon receipt of a request for a background check that complies with NAC 179A.150, the Central Repository shall, except as otherwise provided in subsection 2, conduct a background check of state records pursuant to subsection 5 of NRS 179A.100 or a provision of federal law that authorizes the submission of fingerprints for a fingerprint-based background check of a person working with vulnerable populations, including, without limitation, children.

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 subsection 1 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; R019-16, 12-21-2016)

NAC 179A.180 Criteria for grant of money from Revolving Account; use of money. (NRS 179A.080, 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) Applied for a grant of money pursuant to NAC 179A.150 and has complied with all requirements set forth in that section; 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; R019-16, 12-21-2016)

NAC 179A.190 Priority of allocation of money in Revolving Account. (NRS 179A.080, 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 Revolving Account. (NRS 179A.080, 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;

(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, Communications and Compliance 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)