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1.
What information is
included in a Nevada
Criminal History
Record?
2.
What information is
not included in a
Nevada Criminal
History Record?
3. Are
Nevada Criminal
History Records
Available to the
public?
4. Who
maintains the
records?
5. Are
these Nevada records
only?
6. How
do I make a request?
7. Is
there a fee?
8. How
do I pay?
9. How
long does it take
for my request to be
processed?
10.
Who pays if my
employer requires
that a record check
be done?
11.
Can I phone in a
request?
12.
Can I get access to
the FBI records?
13.
Can I get access to
records in other
states?
14.
Do I need a signed
waiver from the
subject?
15.
What if an applicant
refuses to sign the
waiver?
16.
Is a deferred
sentence a
conviction?
17.
Can I go to the
local sheriff or
police department
for a check?
18.
What do I do to have
a record sealed?
19.
What if I believe my
record has an error
on it?
20.
Who do I call if I
have any questions
concerning criminal
history records?
1.
What information is
included in a Nevada
Criminal History
Record?
Pursuant to Nevada
Revised Statutes (NRS)
179.070, a criminal
history record is
defined as:
Information
contained in records
collected and
maintained by
agencies of criminal
justice, the subject
of which is a
natural person,
consisting of
descriptions which
identify the subject
and notations of
arrests, detention,
indictments,
information or other
formal criminal
charges and
dispositions of
charges, including
dismissals,
acquittals,
convictions,
sentences,
correctional
supervision
occurring in Nevada,
information
concerning the
status of an
offender on parole
or probation, and
information
concerning a
convicted person who
has registered as
such pursuant to
chapter 179C of NRS.
The term includes
only information
contained in
memoranda of formal
transactions between
a person and an
agency of criminal
justice in this
state. The term is
intended to be
equivalent to the
phrase "criminal
history record
information" as used
in federal
regulations.
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2.
What information is
not included in a
Nevada Criminal
History Record?
A record of
criminal history
does not
include:
- Investigative or intelligence information, reports of crime or other
information
concerning
specific persons
collected in the
course of the
enforcement of
criminal laws.
-
Information
concerning
juveniles.
-
Posters,
announcements or
lists intended
to identify
fugitives or
wanted persons
and aid in their
apprehension.
-
Original
records of entry
maintained by
agencies of
criminal justice
if the records
are
chronological
and not
cross-indexed in
any other way.
-
Records of
application for
and issuance,
suspension,
revocation or
renewal of
occupational
licenses,
including
permits to work
in the gaming
insutry.
-
Court
indices and
records of
public judicial
proceedings,
court decisions
and opinions,
and information
disclosed during
public judicial
proceedings.
-
Records of
traffic
violations
constituting
misdemeanors.
-
Records of
traffic offenses
maintained by
the department
of to regulate
the issuance,
suspension,
revocation or
renewal of
drivers' or
other operators'
licenses.
-
Announcements of
actions by the
state board of
pardons
commissioners
and the state
board of parole
commissioners,
except
information
concerning the
status of an
offender on
parole or
probation.
-
Records
which originated
in an agency
other than an
agency of
criminal justice
in this state.
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3.
Are Nevada Criminal
History Records
Available to the
public?
Yes. Any person may
request a copy of
his or her criminal
history record or
notice of absence of
criminal history
record from the
Repository pursuant
to NRS
179A.100.5(b). The
information provided
will be based upon
Nevada arrest
fingerprint card
submission to the
Repository, as well
as, dispositions, as
of 1987. In order to
obtain a criminal
history record prior
to 1987, a request
would have to be
made of the
arresting agency. If
a request is
received from anyone
other than the
person who is the
subject of the
criminal history
record,
dissemination by the
Repository is
regulated by the
Nevada Revised
Statutes.
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4.
Who maintains the
records?
Criminal history
records are
maintained by the
Department of Public
Safety's Records and
Technology Division,
Records Bureau,
at 333 West Nye Lane,
Suite 100 in Carson City,
Nevada (775)
684-6262. In 1985,
the Bureau was
designated by the
Nevada Legislature
to be the central
repository for
Nevada records of
criminal history.
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5.
Are these Nevada
records only?
Yes, these records
have originated in a
criminal justice
agency in Nevada.
They do not include
records from other
states or the
Federal Bureau of
Investigation.
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6.
How do I make a
request?
An individual may
request a transcript
of his or her Nevada
criminal history or
notice of no
criminal history
record from the
Repository by
submitting the
following documents:
-
A complete
rolled ten print
fingerprint
card;
-
A completed
ID form DPS-006,
and
-
A $21.00
money order or
cashier's check
made payable to
the Department
of Public Safety
Records Bureau.
Fingerprinting
services may be
obtained at a law
enforcement agency,
any authorized
private business
or at the Records
Bureau. The ID form
DPS-006, can be
obtained by mail,
fax or in person
from the Records
Bureau.
DPS-006 is also
available on the web
site under the
forms link. The
address and
telephone number
are:
Department of Public
Safety
Records and
Technology
333 West Nye Lane,
Suite 100
Carson City, Nevada
89706
Telephone number:
775-684-6262
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7.
Is there a fee to
get a copy of my
Nevada criminal
history record?
Yes. The current fee
is $21.00 and must
accompany each
request. Upon
approval, those
entities or
facilities which
conduct numerous
transactions with
the Repository have
the option of
establishing an
account whereby they
are billed monthly.
The fees, set in
accordance with
statute, are used to
fund the Bureau's
operations and
personnel in order
to maintain and
disseminate the data
in a timely fashion.
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8.
How do I pay?
Payment can be made
by money order or
cashier's check made
payable to the
Department of Public
Safety Records
Bureau.
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9.
How long does it
take for my request
to be processed?
Currently, the
Repository is able
to process a request
within a 6-7 week
period. The
response, as well
as, the fingerprint
card will be mailed
to the individual
listed on the ID
form DPS-006.
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10.
Who pays if my
employer requires
that a record check
be done?
There is nothing in
statute governing
this question. It is
up to the employer.
Currently it varies
from employer to
employer.
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11.
Can I phone in a
request?
No. Nevada policy
requires that the
request be in
writing and that it
be accompanied by a
complete rolled ten
print fingerprint
card. Requests by
facsimile are not
accepted for the
same reasons.
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12.
Can I get access to
the FBI records?
Pursuant to Title
28, Section 16.30
through 16.34 of the
Code of Federal
Regulations,
individuals may
obtain a copy of
their FBI
Identification
record, if one
exists, by
submitting such a
request with
satisfactory proof
of identity, in
writing directly to:
Federal Bureau of
Investigation
Identification
Division
PO Box 4142
Clarksburg, West
Virginia 26302
Satisfactory proof
of identity is
defined as name,
date of birth, and a
set of rolled-inked
fingerprints on a
standard ten print
fingerprint card.
Each request must be
accompanied by a
certified check or
money order in the
amount of $18.00
made payable to the
Treasurer of the
United States.
In accordance with
federal legislation,
qualified agencies
and facilities that
deal with children,
the elderly, or
disabled are also
able to get access
to FBI records.
These requests are
fingerprint based,
must be processed
through the
Repository, and
require a FBI fee in
addition to the
state fee. Please
note that this may
take up to 2 months.
For further
information in
regard to necessary
forms or the
process, you can
contact the Criminal
History Records
Repository.
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13.
Can I get access to
records in other
states?
The laws in each
state are different.
Some states have
open records while
others are very
restricted. You
would have to call
each state
repository to obtain
information about
their access laws.
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14.
Do I need a signed
waiver from the
subject?
No. A waiver is not
necessary with the
exception of
179A.210 (Employees
working with
children).
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15.
What if an applicant
refuses to sign the
waiver?
A request can still
be made without a
signed waiver, but
the records will
consist only of
conviction records.
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16.
Is a deferred
sentence a
conviction?
Not necessarily. If
the subject
successfully
completes a
probationary period
they are not
convicted of the
charges. They should
have been notified
by the court that
they have
successfully
completed probation
and have a document
to that effect.
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17.
Can I go to the
local sheriff or
police department
for a criminal
records check?
Yes. A records check
can be done at a
local sheriff or
police department
but, in accordance
with Nevada
statutes, the
response will only
include records
specific to that
office or
department.
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18.
What do I do to have
a record sealed?
All requests for a
record to be sealed
must be submitted to
the Records Bureau
by the agency making
the original arrest.
Although a seal
order must be
submitted to the
Records Bureau from
the arresting
agency, the seal
order itself must be
issued from a court
and signed by a
judge. This policy
was established in
order to assure that
the subject’s record
be sealed by all
holding agencies,
i.e., local, state,
and the FBI
Identification
Division. The agency
must submit to the
Records Bureau the
following:
1. A completed ID
form CHR-010
a.
The information on
the form must be the
same as what appears
on the court order.
b.
If the information
on the court order
is not the same, it
should be sent back
to the court for
correction.
2. A
copy of the
individual’s
criminal history.
ID
form CHR-010 is
available on the web
site under Seal
Forms.
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19.
What if I believe my
record has an error
on it?
After receiving a
transcript of your
Nevada criminal
history record, you
may challenge any
information you feel
is in error, and
submit a request for
its correction. To
do so you may come
to the Records
Bureau in person or
submit a request in
writing to:
Department of Public
Safety
Records and
Technology Division
333 West Nye Lane,
Suite 100
Carson City, NV
89706
The Records Bureau
staff will research
the request and
respond to you by
mail to:
If it is determined
that the information
is erroneous, the
corrections will be
made at the Records
Bureau. The FBI will
be notified of the
change.
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20.
Who do I call if I
have any questions
concerning criminal
history records?
If you have any
questions, do not
hesitate to contact
Records Bureau at
(775) 684-6262.
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