Nevada 2025 Regular Session Status: Passed Assembly 5 D cosponsors

AB 291 — Revises provisions relating to records of criminal history. (BDR 14-676)

Last action — (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

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

This bill died with 2025 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

56 added · 201 removed

Plain-language change summary

The latest version of Bill AB 291 removes the requirement for individuals to file a petition to seal their criminal history records after charges are dismissed or they are acquitted; instead, the court will automatically seal these records. Additionally, the bill now prevents courts from considering sealed proceedings when deciding whether to grant a petition to seal records related to other offenses. This change is significant because it simplifies the process for individuals who have had their charges dismissed, making it easier for them to move on from past mistakes without their history affecting future opportunities.

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A.B.
(Reprinted with amendments adopted on April 17, 2025) FIRST REPRINT A.B.
291–ASSEMBLYMEMBERS JACKSON , M OORE , ROTH, GONZÁLEZ ;AND DALIA FEBRUARY 25, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to records of criminal history.
291–ASSEMBLYMEMBERS JACKSON , M OORE , OTH , GONZÁLEZ ;AND DALIA FEBRUARY 25, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to records of criminal history.
requiring a court to order certain records of criminal history sealed under certain circumstances;
to file a petition for the sealing of certain records relating to the arrest if:
(1) the charges are dismissed;
or (2) the person is acquitted of the charges.
(NRS 179.255) Section 1 of this bill removes the requirement for such a person to file a petition and instead requires the court in which the charges were dismissed or the acquittal was entered, as applicable, to order the sealing of the records.
Section 1 also prosecuting attorney having jurisdiction declines prosecution of the charges, the person may petition the court having jurisdiction in which the charges are declined for prosecution:
(1) any time after the applicable statute of limitations has run;
(2) any time 8 years after the arrest;
or (3) pursuant to a stipulation between the parties.
(NRS 179.285) sealed never to have occurred, existing law authorizes a court to consider any such proceeding in determining whether to grant a petition to seal records relating to a conviction of another offense.
(NRS 179.285) Although existing law generally deems a proceeding for which records have been proceeding in determining whether to grant a petition to seal records relating to a conviction of another offense.
- *AB291* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
NRS 179.255 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
179.255 1.
If a person has been arrested for alleged criminal conduct and [the] :
(a) 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:
(a) The] court in which the charges were dismissed [, at any time after the date the charges were dismissed;] shall order the sealing of all records relating to the arrest and the proceedings leading to the dismissal;
or (b) The [court having jurisdiction in which the charges were declined for prosecution:
(1) Any time after the applicable statute of limitations has run;
(2) Any time 8 years after the arrest;
or (3) Pursuant to a stipulation between the parties;
or (c) The] person is acquitted of the charges, the court in which the acquittal was entered [, at any time after the date of the acquittal,  for] shall order the sealing of all records relating to the arrest and the proceedings leading to the [dismissal, declination or] acquittal.
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.
3.
If a person has been arrested for alleged criminal conduct and the prosecuting attorney having jurisdiction declines prosecution of the charges, the person may petition the court prosecution for the sealing of all records relating to the charges that were declined for prosecution:
(a) Any time after the applicable statute of limitations has run;
(b) Any time 8 years after the arrest;
or (c) Pursuant to a stipulation between the parties.
4.
A petition filed pursuant to subsection [1 or] 2 or 3 must:
(a) Be accompanied by the petitioner’s current, verified records received from the Central Repository for Nevada Records of Criminal History;
(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, include a certificate of acknowledgment or the disposition of the proceedings for the - *AB291* – 3 – 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 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, including, without limitation, the:
(1) Date of birth of the petitioner;
(2) Specific charges that were [dismissed or of which the petitioner was acquitted;] declined for prosecution;
and (3) Date of arrest relating to the specific charges that were [dismissed or of which the petitioner was acquitted.
4.
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Upon receiving a petition pursuant to subsection 1, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:
(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;
or (b) If the charges were dismissed, declined for prosecution or the acquittal was entered in a municipal court, the prosecuting attorney for the city.
 The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the petition.] declined for prosecution.
5.
Upon receiving a petition pursuant to subsection 2, the court shall notify:
(a) If the conviction was set aside in a district court or justice court, the prosecuting attorney for the county;
or (b) If the conviction was set aside in a municipal court, the prosecuting attorney for the city.
 The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the petition.
6.
Upon receiving a petition pursuant to subsection 3, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:
(a) If the charges were declined for prosecution in a district court or justice court, the prosecuting attorney for the county;
or (b) If the charges were declined for prosecution in a municipal court, the prosecuting attorney for the city.
- *AB291* – 4 –  The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the petition.
7.
If the prosecuting agency that prosecuted or declined to prosecute the petitioner for the crime stipulates to the sealing of the records, the court shall apply the presumption set forth in NRS 179.2445 and 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 [4 or] 5 or 6 and the court makes the findings set forth in subsection [7] 8 or [8,] 9, as applicable, the court may order the sealing of the records in accordance with subsection [7] 8 or [8,] 9, as applicable, without a hearing.
If the court does not order the sealing of the records or the prosecuting agency files a written objection, a hearing on the petition must be conducted.
At the hearing, unless an objecting party presents evidence sufficient to rebut the presumption set forth in NRS 179.2445, the court shall apply the presumption and seal the records.
[7.] 8.
If the court finds [:
(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 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] 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 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.
[8.] 9.
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 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.
[9.] 10.
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,] 8, the prosecuting attorney may subsequently file the charges at any time before the running of the statute of limitations for those charges.
If such charges are filed with the court, the court shall order the - *AB291* – 5 – inspection of the records without the prosecuting attorney having to petition the court pursuant to NRS 179.295.
Sec.
2.
The person who is the subject of the records that are sealed pursuant to NRS 34.970, 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 may petition the court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the court may order such inspection.
The person who is the subject of the records that are sealed pursuant to NRS 34.970, 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 may petition the court that - *AB291_R1* – 2 – ordered the records sealed to permit inspection of the records by a person named in the petition, and the court may order such inspection.
Except as otherwise provided in this section, subsection [9] 10 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 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.
The amendatory provisions this act apply to a petition for the sealing of a record that is filed on or after October 1, 2025.
The amendatory provisions of this act apply to a petition for the sealing of a record that is filed on or after October 1, 2025.
H - *AB291*
H - *AB291_R1*
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Amendments

1 amendment

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Action History

  1. (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

  2. From printer. To engrossment. Engrossed. First reprint. To Senate. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  3. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 26, Nays: 15, Excused: 1.) To printer.

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

  5. Read second time. Amended. (Amend. No. 204.) Dispensed with reprinting.

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

  7. Notice of eligibility for exemption.

  8. From printer. To committee.

  9. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

Sponsorship breakdown

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4 sponsors · 1 co-sponsors · 62 not signed on

Sponsors (4)

Co-sponsors (1)

Not signed on (62)

62 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors AB 291?
AB 291 is sponsored by Dalia, Joe (Democratic), González, Cecelia (Democratic), Roth, Erica P. (Democratic), Jackson, Jovan A. (Democratic), and Moore, Cinthia Zermeño (Democratic).
What is the current status of AB 291?
This bill died with 2025 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 291?
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