2020 Nevada Revised Statutes
Chapter 240A - Document Preparation Services
NRS 240A.275 - Petition for review of criminal history; fee.
1. The Secretary of State shall develop and implement a process by which a person with a criminal history may petition the Secretary of State to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a registration pursuant to NRS 240A.100.
2. Not later than 90 days after a petition is submitted to the Secretary of State pursuant to subsection 1, the Secretary of State shall inform the person of the determination of the Secretary of State of whether the person’s criminal history will disqualify the person from obtaining a registration. The Secretary of State is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.
3. The Secretary of State may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.
4. A person with a criminal history may petition the Secretary of State at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a registration from the Secretary of State.
5. A person may submit a new petition to the Secretary of State not earlier than 2 years after the final determination of the initial petition submitted to the Secretary of State.
6. The Secretary of State may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Secretary of State may waive such fees or allow such fees to be covered by funds from a scholarship or grant.
7. The Secretary of State may post on its Internet website:
(a) The requirements to obtain a registration pursuant to NRS 240A.100 from the Secretary of State; and
(b) A list of crimes, if any, that would disqualify a person from obtaining a registration from the Secretary of State.
8. The Secretary of State may request the criminal history record of a person who petitions the Secretary of State for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Secretary of State makes such a request of a person, the Secretary of State shall require the person to submit his or her criminal history record which includes a report from:
(a) The Central Repository for Nevada Records of Criminal History; and
(b) The Federal Bureau of Investigation.
9. A person who petitions the Secretary of State for a determination pursuant to subsection 1 shall not submit false or misleading information to the Secretary of State.
10. The Secretary of State shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:
(a) The number of petitions submitted to the Secretary of State pursuant to subsection 1;
(b) The number of determinations of disqualification made by the Secretary of State pursuant to subsection 1;
(c) The reasons for such determinations; and
(d) Any other information that is requested by the Director or which the Secretary of State determines would be helpful.
11. The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.
(Added to NRS by 2019, 2905)
