NRS 33.650 Duty to transmit information concerning order to Central Repository and copy of order to Attorney General; petition by adverse party to declare basis for order no longer exists; actions required if petition granted; rehearing if petition denied; applicable provisions if adverse party is child under age of 18 years.
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NRS 33.650 Duty to transmit information concerning order to Central Repository and copy of order to Attorney General; petition by adverse party to declare basis for order no longer exists; actions required if petition granted; rehearing if petition denied; applicable provisions if adverse party is child under age of 18 years.
1. Any time that a court issues an emergency or extended order or renews an extended order and any time that a person serves such an order or receives any information or takes any other action pursuant to NRS 33.500 to 33.670 , inclusive, the person shall, by the end of the next business day:
(a)Cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository; and
(b)Transmit a copy of the order to the Attorney General.
2. If the Central Repository for Nevada Records of Criminal History receives any information described in subsection 1, the adverse party may petition the court for an order declaring that the basis for the information transmitted no longer exists.
3. A petition brought pursuant to subsection 2 must be filed in the court which issued the emergency or extended order.
4. The court shall grant the petition and issue the order described in subsection 2 if the court finds that the basis for the emergency or extended order no longer exists.
5. 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.
6. Within 5 business days after receiving a record of an order transmitted pursuant to subsection 5, 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.
7. If the Central Repository for Nevada Records of Criminal History fails to remove the information as provided in subsection 6, 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.
8. If a petition brought pursuant to subsection 2 is denied, the adverse party may petition for a rehearing not sooner than 2 years after the date of the denial of the petition.
9. If an adverse party to the emergency or extended order is a child under the age of 18 years, the provisions of NRS 62H.035 govern petitions for and the issuance of orders declaring that the basis for an emergency or extended order no longer exists.