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Records and Technology
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 Bureau,
Criminal History Repository, at 808 West Nye Lane 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 any law enforcement agency 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
808 West Nye Lane
Carson City, Nevada 89711
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
Carson City, NV 89703
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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