Nevada § 62H.035 - Petition to cease transmission of information relating to orders of protection to Central Repository; granting of petition; removal of petitioned information from Central Repository

§ 62H.035. Petition to cease transmission of information relating to orders of protection to Central Repository; granting of petition; removal of petitioned information from Central Repository

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.