AB 160 — Revises provisions governing the sealing of certain criminal records. (BDR 14-634)

Section 1.7 establishes the general duties of thisthe billTask createsForce, including reviewing the Advisorycurrent Taskpetition-based Forceprocess onfor Automaticthe Recordsealing Sealingof records and establishesidentifying requirementsthe concerningways in which the membershipprocess ofcan be streamlined to simplify the Taskprocess Force.for petitioners.

Section 1.7 establishes the general duties of the Task Force, including reviewing ways in which the process can be streamlined to simplify the process forfying the petitioners.

and (2) on or before July 1, 2025, that sets forth the final activities, findings and initial recommendations of the Task ForceForce; to support the implementation of the automatic sealing of records of criminal history.

Sectionand 8.3(3) ofon thisor bill requires the Administrative Office of the Courts, before JanuaryJuly 1, 2025,2026, tothat adoptsets rulesforth to streamline the processfinal foractivities, filingfindings aand petitionrecommendations forof the sealingTask ofForce records,to assupport recSectionsthe 2-3.3implementation of this bill make conforming changes to indicate the properautomatic placementsealing of sectionsrecords 1.3of andcriminal 1.7history. in the Nevada Revised Statutes.

-Section *AB160_R1*8.3 –of 4this –bill THErequires PEOPLEthe OFAdministrative THEOffice STATEof OFthe NEVADA,Courts, REPRESENTEDbefore INJanuary SENATE1, AND2025, ASSEMBLY,to DOadopt ENACTrules ASto FOLLOWS:streamline the process for filing a petition for the sealing of records, as recommended by the Task Force.

Sections 2-3.3 of this bill make conforming changes to indicate the proper placSection 8.1 of this bill makes an appropriation from the State General Fund to the Department of Public Safety for the technology costs associated with complying with the provisions of section 1.3.

Section 8.15 of this bill makes an appropriation from the State General Fund to the Department for the provision of support to the Task Force, including for the administrative costs of supporting the Task Force.

Section 8.2 of this bill makes an appropriation from the State General Fund to the Interim Finance Committee for allocation to the Department for employing or contracting with persons to perform certain functions and, to the extent that money from the appropriation is available, for the Department to award of grants of money to criminal justice agencies to support technology or system upgrades for the purpose of complying with the provisions of section 1.3.

- 82nd Session (2023) – 4 – EXPLANATION – Matter in bolded italics is new;

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:

Not later than January 1, 2026,2027, the Division shall develop and implement a process to identify, based on data maintained in the records of the Division, each:

2.described in subsection 1, the Division shall, each month:cess (a) Identify each:

After the development and implementation of the process described in subsection 1, the Division shall, each month:

(a) Identify each:

and (c) Transmit the list compiled pursuant to paragraph (b) to the Administrative Office of the Courts to recommend the sealing of records relating to an eligible conviction or eligible chargeofcharge identified on the list.

Not later than January 1, 2026,2027, the Administrative Office of the Courts shall develop and implement a process to review and approve the list received from the Division pursuant to paragraph (c) of subsection 2 and transmit to every court having jurisdiction each:

and (b)- Charge82nd Session (2023) – 5 – charge.Charge against a person that has become an eligible charge.4.

4.Upon receiving a list transmitted by the Division pursuant to paragraph (c) of subsection 2, the Administrative Office of the Courts shall confirm each eligible conviction and eligible charge and, not later than 30 business days after receiving the list from the Division, notify every court having jurisdiction over the sealing of records relating to each confirmed eligible conviction and eligible charge to order the sealing of such records.

Upon receiving a list transmitted by the Division pursuant to paragraph (c) of subsection 2, the Administrative Office of the - *AB160_R1* – 5 – Courts shall confirm each eligible conviction and eligible charge and, not later than 30 business days after receiving the list from the Division, notify every court having jurisdiction over the sealing of records relating to each confirmed eligible conviction and eligible charge to order the sealing of such records.

A court that receives notification from the Administrative Office of the Courts pursuant to subsection 4 shall, not later than 15 calendar days after receiving such notification, provide notice to the appropriate prosecuting attorney or agency.

If, not later than 30 calendar days after receiving notice fromagency:e the court pursuant to subsection 5, a prosecuting attorney or agency:(a) Stipulates to the sealing of the records, the court shall apply the presumption set forth in NRS 179.2445 and order the sealing of the records.

(a) Stipulates to the sealing of the records, the court shall apply the presumption set forth in NRS 179.2445 and order the sealing of the records.

7.shall take such actions as are necessary to ensure publicourts awareness of the provisions of this section.

The Division and the Administrative Office of the Courts shall take such actions as are necessary to ensure public awareness of the provisions of this section.

The Division and the Administrative Office of the Courts may adopt any rules or regulations, as applicable, that are necessary- to82nd carrySession out(2023) the– provisions6 of– this section, including, without limitation, rules or regulations concerning:concerning:n, including, (a) Contracting with any vendors to update any necessary technology;

(a) Contracting with any vendors to update any necessary technology;

- *AB160_R1* – 6 – 9.

On or before January 31, 2027,2028, and each year thereafter, the Administrative Office of the Courts shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to Legislature that sets forth, to the extent possible, the number of records that were identified to be eligible for sealing and the number of records that were ordered to be sealed during the the previous calendar year.

(b) “Eligible charge” means any charge against a person on or after January 1, 2027, if the records relating to the charge are eligible to be sealed pursuant to subsection 1 of NRS 179.255.179.255 for a drug-related charge that is punishable as a category E felony or a misdemeanor, including, without limitation, a charge pursuant to paragraph (a) of subsection 2 of NRS 453.336, subsection 4 or 5 of NRS 453.336, subsection 2 of NRS 453.3393 or NRS 453.560 or 454.351.

(c) “Eligible conviction” means any conviction of a person on or after January 1, 2027, if the records relating to the conviction are eligible to be sealed pursuant to paragraph (c) or (g) of subsection 1 of NRS 179.245 for a drug-related conviction, of including, without limitation, a conviction pursuant to paragraph (a) of subsection 2 of NRS 453.336, subsection 4 or 5 of NRS 453.336, subsection 2 of NRS 453.3393 or NRS 453.560 or 454.351, and the person has not been, in the time period prescribed in the applicable provision, charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations.

- 82nd Session (2023) – 7 – Sec.

(a) Fifteen members appointed by the DepartmentLegislative ofCommission Publicfrom Safetyrecommendations insubmitted accordanceby withthe subsectionapplicable 2,participating consistingentiti(1) of:Oneistimember who is a representative of the Administrative Office of the Courts;

(1)(2) One member who is a representative of the AdministrativeNevada OfficeSupreme ofCourt theor Courts;his or her designee;

(2) One member who is a representative of the Nevada Supreme Court;

(5) One member who is a representative of ana outlyingmunicipal justice court;

(6) One member who is a representative of a municipaldistrict court;attorney’s office;

- *AB160_R1* – 7 – (7) One member who is a representative of athe districtOffice attorney’sof office;the Attorney General;

(8) One member who is a representative of the Office of the AttorneyClark General;County Public Defender or the Office of the Washoe County Public Defender or who is an attorney in private practice and experienced in defending criminal actions;

(9) One member who is a representative of the Office of the Clark County Public Defender or the Office of the Washoe County Public Defender or who is an attorneyurban inlaw privateenforcement practiceagency; and experienced in defending criminal actions;

(10) One member who is a representative of a rural law enforcement agency;

(12)of Corrections;member who is a representative of the Department (13) One member who is a representative of the Records, Communications and Compliance Division of the Department of Corrections;Public Safety;

and (13)(14) ThreeTwo members who are representatives from nonprofit organizations focused on issues relating to criminal justice;

(b) TwoOne membersmember who are Senators, one of whom is appointed by the Majority Leader of the Senate andwho one of whom is appointed by the MinorityMajority Leader of the Senate;

and (c) TwoOne membersmember who are members of the Assembly, one of whom is appointed by the Speaker of the Assembly andwho one of whom is appointed by the MinoritySpeaker Leader of the Assembly.

TheWhen Departmentappointing ofmembers Public Safety shall solicit applications for appointment to the Task Force pursuant to paragraph (a) of subsection 1.1, the Legislative Commission shall ensure that all regions of this State are represented.

When appointing members to the Task Force pursuant to paragraph (a) of subsection 1, the Department shall ensure that all regions of this State are represented.

- 82nd Session (2023) – 8 – 4.

The members of the Task Force serve without compensationavailable, ora permember diemof allowance.the Task Force may, upon written request, receive reimbursement for travel expenses provided for state officers and employees generally while engaged in the business of the Task Force.

If sufficient money is available, a member of the Task Force may, upon written request, receive reimbursement for travel expenses provided for state officers and employees generally while engaged in the business of the Task Force.

The Task ForceForce: shall:

(a) ReviewShall: the current petition-based process for the sealing of records and identify the ways in which the process can be streamlined to simplify the process for petitioners;

(b)(1) ConductReview researchthe oncurrent methodspetition-based toprocess implementfor the provisionssealing of sectionrecords 1.3and ofidentify thisthe act,ways including,in withoutwhich limitation,the necessaryprocess -can *AB160_R1*be –streamlined 8to –simplify technology and system upgrades within the criminalprocess justicefor systempetitioners; of this State;

(c)(2) IdentifyConduct andresearch assesson anymethods technologyto andimplement systemthe gaps,provisions necessaryof infrastructuresection and1.3 policyof constraintsthis toact, supportincluding, thewithout implementationlimitation, ofnecessary technology and system upgrades within the automaticcriminal sealingjustice system of records;this State;

and(3) (d)Identify Recommendand approachesassess toany improvetechnology theand abilitysystem ofgaps, thisnecessary Stateinfrastructure toand expandpolicy futureconstraints provisionsto concerningsupport the automaticimplementation sealing of records, including, without limitation, the feasibilityautomatic of retroactively sealing eligibleof chargesrecords; and convictions.

(4) Develop a timeline for implementation that includes benchmarks to implement the provisions of section 1.3 of this act;

and (5) Recommend approaches to improve the ability of this State to expand future provisions concerning the automatic sealing of records, including, without limitation, the feasibility of ret(b) May consider, in its discretion, any other matters submitted by a member of the Task Force.

The TaskDepartment Forceof Public Safety may:

(a) On or before July 1, 2024, prepare and submit a report to the Administrative Office of the Courts and the Director of the Legislative Counsel Bureau, for transmittal to the Legislature, that sets forth the initial activities and findings of the Task Force, - 82nd Session (2023) – 9 – including, without limitation, the ways in which the petition-based process for the sealing of records can be streamlined;

and (b) On or before July 1, 2025, prepare and submit a report to the Administrative Office of the Courts and the Director of the Legislative Counsel Bureau, for transmittal to the Legislature, that sets forth the final activities, findings and initial recommendations ofofat the Task ForceForce; to support the implementation of the automatic sealing of records.

and (c) On or before July 1, 2026, prepare and submit a report to the Administrative Office of the Courts and the Director of the Legislative Counsel Bureau, for transmittal to the Legislature, that sets forth the final activities, findings and recommendations of the Task Force to support the implementation of the automatic sealing of records.

9.

The meetings of the Task Force are closed to the public and are not subject to the provisions of chapter 241 of NRS.

179.2405 The Legislature hereby declares that the public policypol1.y oFavor the giving of thissecond Statechances isto to:offenders who are rehabilitated and the sealing of the records of such persons in accordance with NRS 179.2405 to 179.301, inclusive, and [section] sections 1.3 and 1.7 of this act;

1.

Favor the giving of second chances to offenders who are rehabilitated and the sealing of the records of such persons in - *AB160_R1* – 9 – accordance with NRS 179.2405 to 179.301, inclusive, and [section] sections 1.3 and 1.7 of this act;

and - 82nd Session (2023) – 10 – 2.

179.241 As used in NRS 179.2405 to 179.301, inclusive, and section 1.7 of this act, unless the context otherwise requires, the words and terms defined in NRS 179.242, 179.243 and 179.244 have the meanings ascribed to them in those sections.

(a) Filing of a petition for the sealing of records pursuant to NRS 179.245, 179.247, 179.255, 179.259 or 179.2595, there is a rebuttable presumption that the records should be sealed if the applicant satisfies all statutory requirements for the sealing of the records.rec(b) Receipt by a court of the list of confirmed eligible convictions or eligible charges from the Administrative Office of the Courts pursuant to section 1.3 of this act, there is a rebuttable presumption that the records relating to the confirmed eligible convictions or eligible charges should be sealed.

(b)2. Receipt by a court of the list of confirmed eligible convictions or eligible charges from the Administrative Office of the Courts pursuant to section 1.3 of this act, there is a rebuttable presumption that the records relating to the confirmed eligible convictions or eligible charges should be sealed.

- *AB160_R1* – 10 – 2.

(a)- A82nd categorySession A(2023) felony,– a11 crime– of violence or residential burglary pursuant to NRS 205.060 after 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

(e) A violation of NRS 422.540 to 422.570, inclusive, 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 aarom actual suspended sentence, whichever occurs later;

(a) Be accompanied by the petitioner’s current, verified records received from the Central Repository for Nevada Records of CriminalCri(b) History;If the petition references NRS 453.3365, 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;

- *AB160_R1* – 11 – (b) If the petition references NRS 453.3365, 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 (d)- Include82nd informationSession that,(2023) to– the12 best– knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:

If the prosecuting agency that prosecuted the petitioner for the crime stipulates to the sealing of the records, the court shall apply the presumption set forth in paragraph (a) of subsection 1 of NRS 179.2445 and seal the records.

If the prosecuting agency doesdoesof 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 order the sealing of the records in accordance with subsection 5 without a hearing.

If the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency ofofll criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also - *AB160_R1* – 12 – order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.

6.- 82nd Session (2023) – 13 – 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;

7.paragraph (d) of subsection 6 must not be construed to preclude a person from being able to petition the court to seal records relating to a conviction for a violation of NRS 484C.110 or 484C.120 pursuant to this section if the person was found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to:

The provisions of paragraph (e) of subsection 1 and paragraph (d) of subsection 6 must not be construed to preclude a person from being able to petition the court to seal records relating to a conviction for a violation of NRS 484C.110 or 484C.120 pursuant to this section if the person was found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to:

9.

As used in this section:

(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or - *AB160_R1* – 13 – sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

(3)- Statutory82nd sexualSession (2023) – 14 – punishable as a felony.ual seduction pursuant to NRS 200.368, if punishable(4) asBattery awith felony.intent to commit sexual assault pursuant to NRS 200.400.

(4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

(10)punishable Openas ora grossfelony.s lewdness pursuant to NRS 201.210, if (11) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.

(11) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.

179.247listed 1.in subsection 2, the person may petition the court in which he or she was convicted or, if the person wishes to file more than one petition and would otherwise need to file a petition in more than one court, the district court, for an order:

If a person has been convicted of any offense listed in subsection 2, the person may petition the court in which he or she was convicted or, if the person wishes to file more than one petition and would otherwise need to file a petition in more than one court, the district court, for an order:

and (b) Sealing all documents, papers and exhibits in the person’s record, minute book entries and entries on dockets, and other - *AB160_R1* – 14 – documents relating to the case in the custody of such other agencies and officers as are named in the court’s order.

- 82nd Session (2023) – 15 – 2.

(a) A violation of NRS 201.353 or 201.354, for engaging in prostitution or solicitation for prostitution, provided that the person waswas(b) notA allegedcrime tounder bethe alaws customer of this State, other than a prostitute;crime of violence;

(b) A crime under the laws of this State, other than a crime of violence;

(a) Notify the Central Repository for Nevada Records of Criminal History, the Office of the Attorney General and each office of the district attorney and law enforcement agency in the county in which the petitioner was convicted and allow the prosecuting attorney who prosecuted the petitioner for the crime and any person to testify and present evidence on behalf of any such entity;

If the prosecuting agency does not stipulate to vacating the judgment of - *AB160_R1*82nd Session (2023) – 1516 – 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 vacate the judgment and seal all documents, papers and exhibits in accordance with subsection 7 without a hearing.

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.

(1)- Any82nd timeSession after(2023) the– applicable17 statute– of limitations has run;

(1) Any time after the applicable statute of limitations has (2) Any time 8 years after the arrest;

or - *AB160_R1* – 16 – (3) Pursuant to a stipulation between the parties;

If the conviction of a person is set aside pursuant to NRS 458A.240, the person may petition the court that set aside the conviction, at any time after the conviction has been set aside, for the sealing of all records relating to the setting aside of the conviction.

(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 ororrest acquittal and to whom the order to seal records, if issued, will be directed;

and - 82nd Session (2023) – 18 – (3) Date of arrest relating to the specific charges that were dismissed or of which the petitioner was acquitted.

Upon receiving a petition pursuant to subsection 1, the court shall notify the law enforcement agency that arrested the petitioner for(a) If the charges were dismissed, declined for prosecution or the crimeacquittal and:was entered in a district court or justice court, the prosecuting attorney for the county;

- *AB160_R1* – 17 – (a) If the charges were dismissed, declined for prosecution or the acquittal was entered in a district court or justice court, the prosecuting attorney for the county;

If the prosecuting agency does not stipulate to the sealing of the records or does not file a written objection within 30 days after receivingreceivingrds or 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 order the sealing of the records in accordance with subsection 7 or 8, as applicable, without a hearing.

(a) That there has been an acquittal and there is no evidence that further action will be brought against the person, the court shall order sealed all records of the arrest and of the proceedings leading - 82nd Session (2023) – 19 – to the acquittal 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;

or (b) That 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 declination or - *AB160_R1* – 18 – 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.

179.275 Where the court orders the sealing of a record pursuant to NRS 34.970, 41.910, 174.034, 176.211, 176A.245, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 179.271, 201.354 or 453.3365 [,] or section 1.3 of thisthis9, act, a copy of the order must be sent to:

If the court orders a record sealed pursuant to NRS 34.970, 41.910, 174.034, 176.211, 176A.245, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 179.271, 201.354 or 453.3365:

- 82nd Session (2023) – 20 – (a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may 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.

- *AB160_R1* – 19 – (1) The right to vote;

[A] If a person [who] has had his or her records sealed in this State or any other state and [whose] was not given official documentation of the restoration of civil rights or if that documentation is lost, damaged or destroyed , the person may file a written request with a court of competent jurisdiction to restore his person has had his or her records sealed, the court shall issue anat the order restoring the person to the civil rights pursuantto vote, to thishold section.office and to serve on a jury.

Upon verification that the person has had his or her records sealed, the court shall issue an order restoring the person to the civil rights to vote, to hold office and to serve on a jury.

If the court orders a record sealed pursuant to NRS 34.970, 41.910, 174.034, 176.211, 176A.245, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 179.271, 201.354 or 453.3365 [:] or section 1.3 of this act:

- 82nd Session (2023) – 21 – (a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may 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.

and - *AB160_R1* – 20 – (3) The right to serve on a jury.

If a person has had his or her records sealed in this State or any other state and was not given official documentation of the restoration of civil rights or if that documentation is lost, damaged or destroyed, the person may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section.

Upon verification that the person has had his or her to records sealed, the court shall issue an order restoring the person to the civil rights to vote, to hold office and to serve on a jury.

The person who is the subject of the records that are sealed pursuant to NRS 34.970, 41.910, 174.034, 176.211, 176A.245, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 179.271, 201.354 or 453.3365 or section 1.3 of this act may petition the court that ordered the records sealed to permit- inspection82nd ofSession the(2023) records– by22 a– person named in the petition, and the court may order such inspection.

Except as otherwiseotherwisetition, provided in this section, subsection 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.

- *AB160_R1* – 21 – 3.

4.proceeding for which records have been sealed pursuant to NRS a 174.034, 176.211, 176A.245, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 179.271, 201.354 or 453.3365 or section 1.3 of this act in determining whether to grant a petition pursuant to NRS 176.211, 176A.245, 176A.265, 176A.295, 179.245, 179.255, 179.259, 179.2595 or 453.3365 for a conviction of another offense.

This section does not prohibit a court from considering a proceeding for which records have been sealed pursuant to NRS 174.034, 176.211, 176A.245, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 179.271, 201.354 or 453.3365 or section 1.3 of this act in determining whether to grant a petition pursuant to NRS 176.211, 176A.245, 176A.265, 176A.295, 179.245, 179.255, 179.259, 179.2595 or 453.3365 for a conviction of another offense.

The Nevada Gaming Control Board and the Nevada Gaming Commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event or conviction was related to gaming, to determine the suitability or qualifications of any person to hold a state gaming license, manufacturer’s, seller’s or distributor’s license or registration as a gaming employee pursuant tosubject chapterof 463an order sealing records:nvictions, if any, which are the (a) May form the basis for recommendation, denial or revocation of NRS.those licenses.

Events and convictions, if any, which are the subject of an order sealing records:

(a) May form the basis for recommendation, denial or revocation of those licenses.

The Division of Insurance of the Department of Business and Industry and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, if the event - 82nd Session (2023) – 23 – or conviction was related to insurance, to determine the suitability or qualifications of any person to hold a license, certification or authorization issued in accordance with title 57 of NRS.

Events and convictions, if any, which are the subject of an order sealing records may form the basis for recommendation, denial or revocation of those licenses, certifications and authorizations.authorizations.evocation of 3.

3.

The Central Repository for Nevada Records of Criminal History and its employees may inquire into and inspect any records - *AB160_R1* – 22 – sealed pursuant to NRS 179.245 or 179.255 that constitute information relating to [sexual] :

The State Board of Pardons Commissioners and its agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 if the person who is the subject of the records has applied for a pardon from the Board.

the subject 7.

The Nevada Gaming Control Board and the Nevada Gaming Commission and their employees, agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, or section 1.3 of this act, if the event or conviction was related to gaming, to determine the suitability or qualifications of any person to hold a state gaming license, manufacturer’s, seller’s or distributor’s license or - 82nd Session (2023) – 24 – registration as a gaming employee pursuant to chapter 463 of NRS.

(a) May form the basis for recommendation, denial or revocationrev(b) Must not form the basis for denial or rejection of thosea licenses.gaming work permit unless the event or conviction relates to the applicant’s suitability or qualifications to hold the work permit.

(b) Must not form the basis for denial or rejection of a gaming work permit unless the event or conviction relates to the applicant’s suitability or qualifications to hold the work permit.

The Division of Insurance of the Department of Business and Industry and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255, or section 1.3 of this act, if the event or conviction was related to insurance, to determine the suitability or qualifications of any person to hold a license, certification or authorization issued in accordance with title 57 of NRS.

Events and convictions, if any, which are the subject of an order sealing records may form the basis for recommendation, - *AB160_R1* – 23 – denial or revocation of those licenses, certifications and authorizations.

The Central Repository for Nevada Records of Criminal History and its employees may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 or section 1.3 of this act that constitute information relating to:

section 1.3 of this (a) Sexual offenses, and may notify employers of the information in accordance with federal laws and regulations.

The State Board of Pardons Commissioners and its agents and representatives may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 or section 1.3 of this act if the person- who82nd isSession (2023) – 25 – from the Board.he subject of the records has applied for a pardon from7. the Board.

7.

8.1.

There is hereby appropriated from the State General Fund to the Department of Public Safety the sum of $1,000,000 for the technology costs associated with complying with the provisions of section 1.3 of this act.

Sec.

8.15.

There is hereby appropriated from the State General Fund to the Department of Public Safety the sum of $500,000 for the provision of support to the Advisory Task Force on Automatic Record Sealing pursuant to section 1.7 of this act, including, without limitation, for the administrative costs of supporting the Task Force.

Fund to the Interim Finance Committee the sum of $1,000,000 forl allocation to the Department of Public Safety for employing or contracting with persons to perform the functions described in paragraph (a) of subsection 6 of section 1.7 of this act.

To the extent that money appropriated pursuant to this section is available, the Department may award grants of money to criminal justice agencies to support technology or system upgrades for the purpose of complying with the provisions of section 1.3 of this act.

Sec.

8.25.

Any remaining balance of the appropriations made by sections 8.1, 8.15 and 8.2 of this act must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.

Sec.

- 82nd Session (2023) – 26 – (a) A standard order for the sealing of records of criminal history to be used by all courts having jurisdiction over the sealing of records of criminal history;

and - *AB160_R1* – 24 – (c) Any other changes that will expedite or simplify the process for petitioners to seal records of criminal history.

The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirementreqSec. to submit a report to the Legislature.

Sec.

This section and sections 1, 2, 3, 4, 6, 7.5, 8.3 and 8.7 of this act become effective upon passage and approval.

Sections 8.1 to 8.25, inclusive, of this act become effective on July 1, 2023.

3.

and (b) On January 1, 2026,2027, for all other purposes.

3.

Section 1.7 of this act becomes effective upon passage and approval and expires by limitation on June 30, 2026.

SectionsSection 3.5,1.7 3.7,of 3.9,this 5,act 6.5,becomes 7effective andupon 8passage ofand thisapproval actand becomeexpires effectiveby limitation on JanuaryJune 1,30, 2026.2027.

Sections 2.33.5, 3.7, 3.9, 5, 6.5, 7 and 3.18 of this act become effective on January 1, 2026,2027. and expire by limitation on June 30, 2026.

Sections 2.72.3 and 3.33.1 of this act become effective on JulyJanuary 1, 2026.2027, and expire by limitation on June 30, 2027.

Sections 2.7 and 3.3 of this act become effective on July 1, 2027.

8.

H~~~~~ 23 - *AB160_R1*82nd Session (2023)