1. 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.
2. The Central Repository and the agency shall remove the record unless:
(a) The defendant is a fugitive;
(b) The case is under active prosecution according to a current certificate of a prosecuting attorney;
(c) The disposition of the case was a deferred prosecution, plea bargain or other similar disposition;
(d) The person who is the subject of the record has a prior conviction for a felony or gross misdemeanor in any jurisdiction in the United States; or
(e) The person who is the subject of the record has been arrested for or charged with another crime, other than a minor traffic violation, since the arrest, citation or warrant which the person seeks to have removed from the record.
3. 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.
(Added to NRS by 1979, 1853; A 1985, 916; 2001, 1694)
Structure Nevada Revised Statutes
Chapter 179A - Records of Criminal History and Information Relating to Public Safety
NRS 179A.020 - "Administration of criminal justice" defined.
NRS 179A.030 - "Agency of criminal justice" defined.
NRS 179A.035 - "Biometric identifier" defined.
NRS 179A.045 - "Central Repository" defined.
NRS 179A.047 - "Child" defined.
NRS 179A.049 - "Department" defined.
NRS 179A.050 - "Disposition" defined.
NRS 179A.060 - "Dissemination" defined.
NRS 179A.061 - "National Crime Information Center" defined.
NRS 179A.062 - "National Instant Criminal Background Check System" defined.
NRS 179A.066 - "Offender convicted of a crime against a child" defined .
NRS 179A.070 - "Record of criminal history" defined.
NRS 179A.071 - "Record of registration" defined.
NRS 179A.0715 - "Records of criminal history of the United States or another state" defined.
NRS 179A.072 - "Sex offender" defined .
NRS 179A.073 - "Sexual offense" defined.
NRS 179A.078 - Uniform Program for Reporting Crimes: Establishment; purpose.
NRS 179A.080 - Duties of Director of Department.
NRS 179A.090 - Prerequisite to dissemination of records; exceptions.
NRS 179A.120 - Disclosures to victims of crime.
NRS 179A.150 - Inspection and correction of information contained in record of criminal history.
NRS 179A.160 - Removal of certain records where disposition of case favorable to accused.
NRS 179A.315 - Donations to Account: Forms and procedures; deposit with State Treasurer.
NRS 179A.450 - Creation; contents; electronic means to access data; confidentiality of data.
NRS 179A.500 - Requirements for use of gang database by local law enforcement agency.