Nevada 2017 Regular Session Status: Enacted 1 D cosponsors

AB 327 — Revises provisions relating to records of criminal history. (BDR 14-658)

Last action — Approved by the Governor. Chapter 378.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 20, 2017. Enacted.

Prognosis

Likely to advance 62% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    6 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

492 added · 522 removed

492 line(s) added, 522 removed.

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(Reprinted with amendments adopted on April 20, 2017) FIRST REPRINT A.B.
Assembly Bill No.
327 A SSEMBLY BILL NO .
327–Assemblymen McCurdy II, Fumo, Yeager, Frierson and Carrillo Joint Sponsor:
327–ASSEMBLYMEN M C CURDY II, FUMO , YEAGER , RIERSON AND C ARRILLO M ARCH 20, 2017 ____________ JOINT SPONSOR :
Senator Segerblom CHAPTER..........
SENATOR SEGERBLOM ____________ Referred to Committee on Corrections, Parole, and Probation SUMMARY—Revises provisions relating to records of criminal history.
(BDR 14-658) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law authorizes a person who was convicted of certain offenses or who dismissed, the prosecuting attorney declined prosecution of the charges or theere person was acquitted of the charges to petition the court in which the person was convicted or in which the charges were dismissed or declined for prosecution or the acquittal was entered for the sealing of all records relating to the conviction or the - *AB327_R1* – 2 – arrest and proceedings leading to the dismissal, declination or acquittal, as applicable.
Existing law authorizes a person who was convicted of certain offenses or who was arrested for alleged criminal conduct but the charges against the person were person was acquitted of the charges to petition the court in which the person was convicted or in which the charges were dismissed or declined for prosecution or the acquittal was entered for the sealing of all records relating to the conviction or the arrest and proceedings leading to the dismissal, declination or acquittal, as applicable.
Sections 7 and 8 also provide that if the prosecuting attorney stipulates to authorized to order the records sealed without a hearing.ndings, the court is Existing law also authorizes the sealing of the records of a person who completes a correctional or judicial program for reentry into the community 5 years after the completion of the program.
Sections 7 and 8 also provide that if the prosecuting attorney stipulates to the sealing of the records and the court makes certain findings, the court is authorized to order the records sealed without a hearing.
completes a correctional or judicial program for reentry into the community 5 years after the completion of the program.
Section 4 of this bill provides that upon the filing of a petition for the sealing of applicant satisfies all statutory requirements for the sealing of the records.
Section 4 of this bill provides that upon the filing of a petition for the sealing of records, there is a rebuttable presumption that the records should be sealed if the applicant satisfies all statutory requirements for the sealing of the records.
Section 4 also provides that such a presumption does not apply to a defendant who is given a dishonorable discharge from probation and applies to the court for the sealing of records relating to the conviction.
Section also provides that such a presumption does not apply to a defendant who is given - 79th Session (2017) – 2 – a dishonorable discharge from probation and applies to the court for the sealing of recSection 5 of this bill authorizes a person to file a petition for the sealing of records in district court if the person wishes to have more than one record sealed and would otherwise need to file a petition in more than one court.
Section 5 of this bill authorizes a person to file a petition for the sealing of records in district court if the person wishes to have more than one record sealed and would otherwise need to file a petition in more than one court.
Section 5 also authorizes the district court to order the sealing of any records in the justice or municipal courts in certain circumstances.
Section 5 also municipal courts in certain circumstances.
EXPLANATION – Matter in bolded italics is new;
sealing of any records in the justice or THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
[,] - *AB327_R1* – 3 – 3.
[,] 3.
The Legislature hereby declares that the public policy of this State is to favor the giving of second chances to offenders who are rehabilitated and the sealing of the records of such persons in accordance with NRS 179.241 to 179.301, inclusive, and sections 3, 4 and 5 of this act.
The Legislature hereby declares that the public policy who are rehabilitated and the sealing of the records of suchfenders persons in accordance with NRS 179.241 to 179.301, inclusive, and sections 3, 4 and 5 of this act.
Except as otherwise provided in subsection 2, upon the filing of a petition for the sealing of records pursuant to NRS 179.245, 179.255, 179.259 or section 5 of this act, there is a rebuttable presumption that the records should be sealed if the applicant satisfies all statutory requirements for the sealing of the records.
Except as otherwise provided in subsection 2, upon the filing of a petition for the sealing of records pursuant to NRS 179.245, 179.255, 179.259 or section 5 of this act, there is a rebuttable presumption that the records should be sealed if the - 79th Session (2017) – 3 – applicant satisfies all statutory requirements for the sealing of the records.
The presumption set forth in subsection 1 does not apply to a defendant who is given a dishonorable discharge from probation pursuant to NRS 176A.870 and applies to the court for the sealing of records relating to the conviction.
The presumption set forth in subsection 1 does not apply to a defendant who is given a dishonorable discharge from probation of records relating to the conviction.o the court for the sealing Sec.
Sec.
Except as otherwise provided in subsection [5] 6 and NRS 176A.265, 176A.295, 179.259, 453.3365 and 458.330, a - *AB327_R1* – 4 – person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:
Except as otherwise provided in subsection [5] 6 and NRS 176A.265, 176A.295, 179.259, 453.3365 and 458.330, a the sealing of all records relating to a conviction of:onvicted for (a) A category A [or B] felony , a crime of violence pursuant to NRS 200.408 or burglary pursuant to NRS 205.060 after [15] 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(a) A category A [or B] felony , a crime of violence pursuant to NRS 200.408 or burglary pursuant to NRS 205.060 after [15] 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(d) Except as otherwise provided in paragraph (e), any gross misdemeanor after [5] 2 years from the date of release from actual custody or discharge from probation, whichever occurs later;
- 79th Session (2017) – 4 – (d) Except as otherwise provided in paragraph (e), any gross misdemeanor after [5] 2 years from the date of release from actual custody or discharge from probation, whichever occurs later;
(e) A violation of NRS 422.540 to 422.570, inclusive, other than a felony, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later;
(e) A violation of NRS 422.540 to 422.570, inclusive, other than felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later;
[and (2) All agencies of criminal justice which maintain such records within the city or county in which the conviction was entered;] (b) If the petition references NRS 453.3365 or 458.330, include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;
[and (2) All agencies of criminal justice which maintain such records within the city or county in which the conviction was entered;] (b) If the petition references NRS 453.3365 or 458.330, include proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;
- *AB327_R1* – 5 – (c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed;
(c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed;
3.
- 79th Session (2017) – 5 – 3.
Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and the prosecuting attorney, including, without limitation, the Attorney General, who prosecuted the petitioner for the crime.
Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and the prosecuting attorney, including, without limitation, the Attorney General, who prosecuted the petitioner for evidence may testify and present evidence at [the] any hearing ont the petition.
The prosecuting attorney and any person having relevant evidence may testify and present evidence at [the] any hearing on the petition.
[5.] 6.
relating to a conviction of:t petition the court to seal records (a) A crime against a child;
A person may not petition the court to seal records relating to a conviction of:
(a) A crime against a child;
- *AB327_R1* – 6 – (c) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;
(c) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;
[6.] 7.
- 79th Session (2017) – 6 – [6.] 7.
[7.] 8.
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As used in this section:
(8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(8) An offense involving pornography and a minor pursuant to NRS (9) Incest pursuant to NRS 201.180.
(9) Incest pursuant to NRS 201.180.
- *AB327_R1* – 7 – (12) Lewdness with a child pursuant to NRS 201.230.
(12) Lewdness with a child pursuant to NRS 201.230.
(17) An attempt to commit an offense listed in this paragraph.
- 79th Session (2017) – 7 – (17) An attempt to commit an offense listed in this paragraph.
If a person has been arrested for alleged criminal conduct and the charges are dismissed, the prosecuting attorney having jurisdiction declined prosecution of the charges or such person is acquitted of the charges, the person may petition:
If a person has been arrested for alleged criminal having jurisdiction declined prosecution of the charges or such person is acquitted of the charges, the person may petition:
(1) The] the Central Repository for Nevada Records of Criminal History;
(1) The] the Central Repository for Nevada Records of Crimina(2) All agencies of criminal justice which maintain such records within the city or county in which the petitioner appeared in court;] (b) Except as otherwise provided in paragraph (c), include the disposition of the proceedings for the records to be sealed;
[and (2) All agencies of criminal justice which maintain such records within the city or county in which the petitioner appeared in court;] (b) Except as otherwise provided in paragraph (c), include the disposition of the proceedings for the records to be sealed;
(c) If the petition references NRS 453.3365 or 458.330, include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;
(c) If the petition references NRS 453.3365 or 458.330, include a certificate of acknowledgment or the disposition of the - *AB327_R1* – 8 – proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;
(d) Include a list of any other public or private agency, company, official and other custodian of records that is reasonably known to the petitioner to have possession of records of the arrest and of the proceedings leading to the dismissal, declination or - 79th Session (2017) – 8 – acquittal and to whom the order to seal records, if issued, will be directed;
(d) Include a list of any other public or private agency, company, official and other custodian of records that is reasonably known to the petitioner to have possession of records of the arrest and of the proceedings leading to the dismissal, declination or acquittal and to whom the order to seal records, if issued, will be directed;
and (e) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed,(1) Date of birth of the petitioner;
and (e) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:
(1) Date of birth of the petitioner;
¬ The prosecuting attorney and any person having relevant evidence may testify and present evidence at [the] any hearing on the petition.
evidence may testify and present evidence at [the] any hearing on the petition.
- *AB327_R1* – 9 – 7.
7.
If [, after the hearing on a petition submitted pursuant to subsection 1,] the court finds that there has been an acquittal, that the prosecution was declined or that the charges were dismissed and there is no evidence that further action will be brought against the person, the court may order sealed all records of the arrest and of the proceedings leading to the acquittal, declination or dismissal which are in the custody of any agency of criminal justice or any public or private company, agency, official or other custodian of records in the State of Nevada.
If [, after the hearing on a petition submitted pursuant to subsection 1,] the court finds that there has been an acquittal, that the prosecution was declined or that the charges were dismissed and there is no evidence that further action will be brought against the - 79th Session (2017) – 9 – person, the court may order sealed all records of the arrest and of the proceedings leading to the acquittal, declination or dismissal which are in the custody of any agency of criminal justice or any public or private company, agency, official or other custodian of records in the[7.] 8.of If [, after the hearing on a petition submitted pursuant to subsection 2,] the court finds that the conviction of the petitioner was set aside pursuant to NRS 458A.240, the court may order sealed all records relating to the setting aside of the conviction which are in the custody of any agency of criminal justice or any public or private company, agency, official or other custodian of records in the State of Nevada.
[7.] 8.
If [, after the hearing on a petition submitted pursuant to subsection 2,] the court finds that the conviction of the petitioner was set aside pursuant to NRS 458A.240, the court may order sealed all records relating to the setting aside of the conviction which are in the custody of any agency of criminal justice or any public or private company, agency, official or other custodian of records in the State of Nevada.
The court may order those records sealed without a hearing unless the Division of Parole and Probation of the Department of Public Safety petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
The court may order those records sealed without a Department of Public Safety petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
The Division of Insurance of the Department of Business and Industry is entitled, for the purpose of determining suitability - *AB327_R1* – 10 – for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.
The Division of Insurance of the Department of Business and Industry is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.
5.
- 79th Session (2017) – 10 – 5.
(a) “Crime against a child” has the meaning ascribed to it in NRS 179D.0357.
(a) “Crime against a child” has the meaning ascribed to it in NRS(b) “Eligible person” means a person who has:
(b) “Eligible person” means a person who has:
179.275 Where the court orders the sealing of a record pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330, or section 5 of this act, a copy of the order must be sent to:
179.275 Where the court orders the sealing of a record pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330, or section 5 of this act, a copy of the order mus1.be The Central Repository for Nevada Records of Criminal History;
1.
The Central Repository for Nevada Records of Criminal History;
(a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may - *AB327_R1* – 11 – properly answer accordingly to any inquiry, including, without limitation, an inquiry relating to an application for employment, concerning the arrest, conviction, dismissal or acquittal and the events and proceedings relating to the arrest, conviction, dismissal or acquittal.
(a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may - 79th Session (2017) – 11 – properly answer accordingly to any inquiry, including, without limitation, an inquiry relating to an application for employment, concerning the arrest, conviction, dismissal or acquittal and the events and proceedings relating to the arrest, conviction, dismissal or (b) The person is immediately restored to the following civil rights if the person’s civil rights previously have not been restored:
(b) The person is immediately restored to the following civil rights if the person’s civil rights previously have not been restored:
A person must not be required to pay a fee to receive such an order.
A person must not be required to pay a fee to rec4.ve A person who has had his or her records sealed in this State or any other state may present official documentation that the person has been restored to his or her civil rights or a court order restoring civil rights as proof that the person has been restored to the right to vote, to hold office and to serve as a juror.
4.
A person who has had his or her records sealed in this State or any other state may present official documentation that the person has been restored to his or her civil rights or a court order restoring civil rights as proof that the person has been restored to the right to vote, to hold office and to serve as a juror.
Except as otherwise provided in this section, subsection [8] 9 of NRS 179.255 and NRS 179.259 and 179.301, the court may not order the inspection of the records under any other circumstances.
Except as otherwise provided in this section, subsection [8] 9 of NRS 179.255 and NRS 179.259 and 179.301, the - 79th Session (2017) – 12 – court may not order the inspection of the records under any other circumstances.
- *AB327_R1* – 12 – 2.
2.
The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.
The court may, upon the application of a prosecuting order an inspection of such records for the purpose of obtainingction, information relating to persons who were involved in the incident recorded.
H - *AB327_R1*
17 ~~~~~ - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 378.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 12, Nays: 8, Excused: 1.) To Assembly.

  5. Read second time.

  6. Placed on Second Reading File.

  7. From committee: Do pass.

  8. Read first time. Referred to Committee on Judiciary. To committee.

  9. In Senate.

  10. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 36, Nays: 5, Excused: 1.) To Senate.

  11. Taken from General File. Placed on General File for next legislative day.

  12. From committee: Do pass, as amended.

  13. From printer. To engrossment. Engrossed. First reprint . To committee.

  14. Read second time. Amended. (Amend. No. 345.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  15. From committee: Amend, and do pass as amended.

  16. Notice of eligibility for exemption.

  17. From printer. To committee.

  18. Read first time. Referred to Committee on Corrections, Parole, and Probation. To printer.

Sponsors

Sponsorship breakdown

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6 sponsors · 0 co-sponsors · 61 not signed on

Sponsors (6)

Co-sponsors (0)

None.

Not signed on (61)

61 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 327?
AB 327 is sponsored by Yeager, Steve (Democratic), William McCurdy II, Jason Frierson, Richard Carrillo, Ozzie Fumo, and Tick Segerblom.
What is the current status of AB 327?
This bill has been enacted into law. Introduced March 20, 2017. Enacted.
Where can I track AB 327?
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