Nevada Revised Statutes Section 179D.490 - Procedure in Criminal Cases

Duration of duty to register; termination of duty; procedure; exceptions.

1. A sex offender shall comply with the provisions for registration for as long as the sex offender resides or is present within this state or is a nonresident sex offender who is a student or worker within this state, unless the duty of the sex offender to register is terminated pursuant to the provisions of this section.

2. Except as otherwise provided in subsection 5, if a sex offender complies with the provisions for registration for an interval of at least 15 consecutive years during which he is not convicted of an offense that poses a threat to the safety or well-being of others, the sex offender may file a petition to terminate his duty to register with the district court in whose jurisdiction he resides or, if he is a nonresident sex offender, in whose jurisdiction he is a student or worker. For the purposes of this subsection, registration begins on the date that the Central Repository establishes a record of registration for the sex offender or the date that the sex offender is released, whichever occurs later.

3. If the sex offender satisfies the requirements of subsection 2, the court shall hold a hearing on the petition at which the sex offender and any other interested person may present witnesses and other evidence. If the court determines from the evidence presented at the hearing that the sex offender is not likely to pose a threat to the safety of others, the court shall terminate the duty of the sex offender to register.

4. If the court does not terminate the duty of the sex offender to register after a petition is heard pursuant to subsections 2 and 3, the sex offender may file another petition after each succeeding interval of 5 consecutive years if the sex offender is not convicted of an offense that poses a threat to the safety or well-being of others.

5. A sex offender may not file a petition to terminate his duty to register pursuant to this section if the sex offender:

(a) Is subject to community notification or to lifetime supervision pursuant to NRS 176.0931;

(b) Has been declared to be a sexually violent predator; or

(c) Has been convicted of:

(1) One or more sexually violent offenses;

(2) Two or more sexual offenses against persons less than 18 years of age;

(3) Two or more crimes against a child, as defined in NRS 179D.210; or

(4) At least one of each offense listed in subparagraphs (2) and (3).

Last modified: February 25, 2006