Nev. Rev. Stat. § 62H.035
This is the official text of Nev. Rev. Stat. § 62H.035, part of Nevada’s Rev. Stat — part of the compiled statutory law of Nevada, published by the state as "Rev. Stat." Browse the sections below, each linked to its official government source.
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Petition to cease transmission of information relating to orders of protection to Central Repository; granting of petition; removal of petitioned information from Central Repository
Official statutory text
1. Upon the submission of information relating to any of the following orders for protection where the adverse party is a child under the age of 18 years to the Central Repository for Nevada Records of Criminal History, the adverse party may petition a court for an order declaring that the basis no longer exists for such information to be transmitted to the Central Repository: (a) A temporary or extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100 , inclusive. (b) A temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360 , inclusive. (c) An emergency or extended order for protection against high-risk behavior pursuant to NRS 33.500 to 33.670 , inclusive. (d) A temporary or extended order for protection against sexual assault pursuant to NRS 200.378 . (e) A temporary or extended order for protection against stalking, aggravated stalking or harassment pursuant to NRS 200.591 .
2. A petition brought pursuant to subsection 1 must be filed in the court which issued the order for protection.
3. The court shall grant the petition and issue the order described in subsection 1 if the court finds that the basis for the order for protection no longer exists.
4. The court, upon granting the petition and 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 for Nevada Records of Criminal History.
5. Within 5 business days after receiving a record of an order transmitted pursuant to subsection 4, the Central Repository for Nevada Records of Criminal History shall take reasonable steps to ensure that the information concerning the adverse party is removed from the Central Repository.
6. If the Central Repository for Nevada Records of Criminal History fails to remove the information as provided in subsection 5, the adverse party may bring an action to compel the removal of the information. If the adverse party prevails in the action, the court may award the adverse party reasonable attorney's fees and costs incurred in bringing the action.
7. If a petition brought pursuant to subsection 1 is denied, the adverse party may petition for a rehearing not sooner than 2 years after the date of the denial of the petition.
2. A petition brought pursuant to subsection 1 must be filed in the court which issued the order for protection.
3. The court shall grant the petition and issue the order described in subsection 1 if the court finds that the basis for the order for protection no longer exists.
4. The court, upon granting the petition and 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 for Nevada Records of Criminal History.
5. Within 5 business days after receiving a record of an order transmitted pursuant to subsection 4, the Central Repository for Nevada Records of Criminal History shall take reasonable steps to ensure that the information concerning the adverse party is removed from the Central Repository.
6. If the Central Repository for Nevada Records of Criminal History fails to remove the information as provided in subsection 5, the adverse party may bring an action to compel the removal of the information. If the adverse party prevails in the action, the court may award the adverse party reasonable attorney's fees and costs incurred in bringing the action.
7. If a petition brought pursuant to subsection 1 is denied, the adverse party may petition for a rehearing not sooner than 2 years after the date of the denial of the petition.
Status: in_force · Read it on the official government site
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