AB 219 — Revises provisions governing the sealing of criminal records. (BDR 14-137)

(f) Except as otherwise provided in paragraph (e), if the offense is punished as a misdemeanor, a battery pursuant to NRS 200.481, harassment pursuant to NRS 200.571, stalking pursuant to NRS 200.575 or a violation of a temporary or extended order for protection, after 2 years from the date of release from actual custody - *AB219_R1*81st –Session 4(2021) – or4 from– the date when the person is no longer under a suspended sentence, whichever occurs later;

ororno longer under a suspended (g) Any other misdemeanor after 1 year 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 (d) 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:

If the prosecuting [attorney who] agency that prosecuted the petitioner for the crime stipulates to the sealing of the records, the court shall apply the presumption set forth in NRS 179.2445 andandds, the seal the records.

If the prosecuting agency does not stipulate to the sealing of the records or does not file a written objection within 30 days after receiving notification pursuant to subsection 3 and the court makes the findings set forth in subsection 5, the court [may]may shall order the sealing of the records in accordance with subsection 5 without a hearing.

If the court does not order the sealing of the records or the prosecuting [attorney does not stipulate to the sealing of the records,] agency files a written objection, a hearing on the petition- must81st beSession conducted.(2021) – 5 – party presents evidence sufficient to rebut the presumption set forth in NRS 179.2445, the court shall apply the presumption and seal the records.

If5. no objecting party attends the hearing, the court shall apply the presumption set forth in NRS 179.2445 and seal the records.

- *AB219_R1* – 5 – 5.

6.to a conviction of:y not petition the court to seal records relating (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;

or (h)7.) AAIf violationthe court grants a petition for the sealing of NRSrecords 488.420pursuant orto 488.425.this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.

7.

If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.

(1)- Murder81st ofSession the(2021) first– degree6 committed– in the perpetration or attempted perpetration of sexual assault or of sexual abuse ororon sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

- *AB219_R1* – 6 – (4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

(7)involved Abusesexual ofabuse aor childsexual pursuantexploitation.00.508, to NRS 200.508, if the abuse involved(8) sexualAn abuseoffense orinvolving sexualpornography exploitation.and a minor pursuant to NRS 200.710 to 200.730, inclusive.

(8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

(16)to LuringNRS a201.560, childif orpunishable as a personfelony.h with mental illness pursuant (17) An attempt to NRScommit 201.560,an ifoffense punishablelisted asin athis felony.paragraph.

(17) An attempt to commit an offense listed in this paragraph.

- 81st Session (2021) – 7 – (a) Vacating the judgment;

and (b) Sealing all documents, papers and exhibits in the person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies andand2.ffiA officersperson asmay arefile nameda inpetition pursuant to subsection 1 if the court’sperson order.was convicted of:

2.(a) A violation of NRS 201.354, for engaging in prostitution or solicitation for prostitution, provided that the person was not alleged to be a customer of a prostitute;

A person may file a petition pursuant to subsection 1 if the person was convicted of:

- *AB219_R1* – 7 – (a) A violation of NRS 201.354, for engaging in prostitution or solicitation for prostitution, provided that the person was not alleged to be a customer of a prostitute;

and (c) The petitioner files a petition pursuant to subsection 1 with due diligence after the petitioner has ceased being a victim of trafficking or involuntary servitude or has sought services for victims of such trafficking or involuntary servitude.

If the prosecuting [attorney who] agency that prosecuted the petitioner for the crime stipulates to vacating the judgment of the petitioner- and81st sealingSession all(2021) documents,– papers8 and– exhibits related to the case, the court shall apply the presumption set forth in NRS 179.2445, vacate the judgment and seal all documents, papers and exhibits related to the case.

If the prosecuting agency does not stipulate to vacating the judgment of the petitioner and sealing all documents, papers and exhibits related to the case or does not file a written objection within 30 days after receiving notification pursuant to subsection 5 and the court makes the findings set forth in subsection 4, the court [may]may shall vacate the judgment and seal - *AB219_R1* – 8 – all documents, papers and exhibits in accordance with subsection 7 without a hearing.

If the court does not order the sealing of the records or the prosecuting [attorney does not stipulate to vacating the judgment and sealing the documents, papers and exhibits,] agency files a written objection, a hearing on the petition must be conducted.

IfAt nothe objectinghearing, partyunless attendsan theobjecting hearing,party thepresents courtevidence shallsufficient applyto rebut the presumption set forth in NRS 179.2445, the court shall vacate the judgmentjudgment, apply the the case.on and seal all documents, papers and exhibits related to the7. case.

7.

9.court shall also order sealed the records of the petitioner whiche relate to the judgment being vacated in accordance with paragraph (b) of subsection 7, regardless of whether any records relating to other convictions are ineligible for sealing either by operation of law or because of a deficiency in the petition.

If the court enters an order pursuant to subsection 8, the court shall also order sealed the records of the petitioner which relate to the judgment being vacated in accordance with paragraph (b) of subsection 7, regardless of whether any records relating to other convictions are ineligible for sealing either by operation of law or because of a deficiency in the petition.

or (b)- Any81st felonySession for(2021) which– there9 is– a substantial risk that force or violence may be used against the person or property of another inine or the commission of the felony.

- *AB219_R1* – 9 – (2) Any time 8 years after the arrest;

or (c) The court in which the acquittal was entered, at any time after the date of the acquittal,  for the sealing of all records relating to the arrest and the proceedings leading to the dismissal, declination or acquittal.

(c) If the petition references NRS 453.3365, include a certificate of acknowledgment or the disposition of the proceedings for the recordsmaintain tosuch berecords;rom sealed from all agencies of criminal justice which maintain(d) suchInclude records;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;

(d) Include a list of any other public or private agency, company, official and other- custodian81st ofSession records(2021) that– is10 reasonably– known to the petitionerpetitioner, toaccurately have possession of records of the arrest and ofcompletely theidentifies proceedings leading to the dismissal,records declination or acquittal and to whombe thesealed, orderincluding, towithout seallimitation, records,the: 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, including, without limitation, the:

- *AB219_R1* – 10 –  The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the petition.

If the prosecuting agency does not stipulate to the sealing of the records or does not file a written objection within 30 days after receiving notification pursuant to subsection 4 or 5 and the court makes the findings set forth in subsection 7 or 8, as applicable, the court [may]may shall order the sealing of the records in accordance with subsection 7 or 8, as applicable, without a hearing.

If the court does not order the sealing of the records or the prosecuting [attorney does not stipulate to the sealing of the records,] agency files a written objectionobjection, to a petition, a hearing on the petition must be conducted.

IfAt nothe hearing, unless an objecting party attendspresents theevidence hearing,sufficient theto court- shall81st applySession (2021) – 11 – rebut the presumption set forth in NRS 179.2445179.2445, the court shall apply the presumption and seal the records.

(a) 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] shall 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 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 - *AB219_R1* – 11 – 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 the prosecuting attorney having jurisdiction previously declined prosecution of the charges and the records of the arrest have been sealed pursuant to subsection 7, the prosecuting attorney may subsequently file the charges at any time before the running of the statute of limitations for those charges.

(a) Any person who was convicted of that offense before the date on which the offense was decriminalized may submit a written - 81st Session (2021) – 12 – request to any court in which the person was convicted of that offense for the sealing of any record of criminal history in its possession and in the possession of any agency of criminal justice relating to the conviction.

(b) Upon receipt of a request pursuant to paragraph (a), the court shall, as soon as practicable, send written notice of the request to the office of the prosecuting attorney that prosecuted the offense.

- *AB219_R1* – 12 – (a) “Decriminalized” means that an offense is no longer punishable as a crime as the result of enactment of an act of the Legislature or the passage of a referendum petition or initiative petition pursuant to Article 19 of the Nevada Constitution.

or(b) ordinance“Traffic governingoffense” themeans operationa violation of aany motorstate vehicleor uponlocal any law highway within this State.

Hoperation of a motor vehicle upon any ~~~~~ 21 - *AB219_R1*81st Session (2021)