Request by employer for notice of information; search by Central Repository; dissemination of notice; written report required; correction of information; receipt of new information.
1. Upon receipt of a request from an employer for notice of information relating to the offenses listed in subsection 4 of NRS 179A.190, the Central Repository shall undertake a search for the information, unless the request does not conform to the requirements of the Repository. The search must be based on the fingerprints of the employee, or on a number furnished to the employee for identification pursuant to a previous search, as provided by the employer, and must include:
(a) Identifying any information relating to the offenses listed in subsection 4 of NRS 179A.190 concerning the employee in the Central Repository;
(b) Requesting information relating to the offenses listed in subsection 4 of NRS 179A.190 concerning the employee from federal repositories and repositories of other states, if authorized by federal law or an agreement entered into pursuant to NRS 179A.075;
(c) If the information pertains to an arrest for which no disposition has been reported, contacting appropriate officers in the local jurisdiction where the arrest or prosecution occurred to verify and update the information; and
(d) Determining whether the information relating to the offenses listed in subsection 4 of NRS 179A.190 is the type of information for which notice is subject to dissemination pursuant to this section.
2. Notice of information relating to the offenses listed in subsection 4 of NRS 179A.190 may be disseminated to an employer who has requested it only if a check of the pertinent records indicates:
(a) A conviction for any such offense, or a conviction based on an arrest or on an initial charge for any such offense;
(b) An arrest or an initial charge for a sexual offense that is pending at the time of the request; or
(c) Two or more incidents resulting in arrest or initial charge for a sexual offense that have not resulted in a conviction.
3. If a search of the records of the Central Repository reveals no information for which notice is subject to release, the Central Repository shall submit the fingerprints of the employee to the Federal Bureau of Investigation for a search of its records of criminal history. The Central Repository shall review all information received from the Federal Bureau of Investigation. Notice of any information received from the Federal Bureau of Investigation may be disseminated only if the information is of a kind for which notice is subject to release pursuant to this section.
4. Within 30 days after receipt of a request by an employer for notice of information relating to the offenses listed in subsection 4 of NRS 179A.190, the Central Repository shall send a written report of the results of the search to the employer and to the employee, except that if the employee has waived his right to receive the results of the search, the report must be sent only to the employer. If the search revealed:
(a) No information for which notice is subject to release, the report must include a statement to that effect; or
(b) Information about the employee for which notice is subject to release, the report must include a notice of the type of information, limited to the descriptions set forth in subsection 2, revealed by the search. The notice must not include any further facts or details concerning the information. A statement of the purpose for which the notice is being disseminated, and the procedures by which the employee might challenge the accuracy and sufficiency of the information, must also be included with the report.
5. Upon receipt of corrected information relating to the offenses listed in subsection 4 of NRS 179A.190 for which notice was disseminated under this section, the Central Repository shall send written notice of the correction to:
(a) The employee who was the subject of the search, unless the employee has waived his right to receive such a notice;
(b) All employers to whom notice of the results of the search were disseminated within 3 months before the correction; and
(c) Upon request of the employee, any other employers who previously received the information.
6. Upon receipt of new information relating to the offenses listed in subsection 4 of NRS 179A.190 concerning an employee who was the subject of a search within the previous 3 months, for which notice is subject to dissemination under this section, the Central Repository shall send written notice of the information to:
(a) The employee who was the subject of the search, unless the employee has waived his right to receive such a notice;
(b) All employers to whom a report of the results of the search were disseminated within 3 months before the correction; and
(c) Upon request of the employee, any other employers who previously received a report of the results of the search.
Last modified: February 25, 2006