SUMMARY--Revises provisions governing sealing of criminal records. (BDR 14-879)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to special proceedings; revising the provisions governing the sealing of criminal records; requiring a person who petitions for the sealing of criminal records to include a current, certified record of his criminal history from certain local law enforcement agencies; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 179.245 is hereby amended to read as follows:
179.245 1. Except as [other times and procedures are] otherwise provided in NRS 453.3365, a person who has been convicted of:
(a) Any felony may, after 15 years from the date of his conviction or, if he is imprisoned, from the date of his release from actual custody;
(b) Any gross misdemeanor may, after 10 years from the date of his conviction or release from custody;
(c) A violation of NRS 484.379 other than a felony may, after 7 years from the date of his conviction or release from custody; or
(d) Any other misdemeanor may, after 5 years from the date of his conviction or release from custody,
petition the court in which the conviction was obtained for the sealing of all records relating to the conviction. [The petition]
2. A petition filed pursuant to subsection 1 must be accompanied by [a] current, [certified record] verified records of the petitioner's criminal history received from [the] :
(a) The central repository for Nevada records of criminal history [.
2. The] ; and
(b) The local law enforcement agency of the city or county in which the conviction was entered.
3. Upon receiving a petition pursuant to this section, the court shall notify [the district attorney of the county in which the conviction was obtained, and the district] :
(a) The prosecuting attorney for the county; or
(b) If the person was convicted 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 the hearing on the petition.
[3.] 4. If , after the hearing , the court finds that, in the period prescribed in subsection 1, the petitioner has not been arrested, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, including, but not limited to, the Federal Bureau of Investigation, the California identification and investigation bureau, sheriffs' offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.
Sec. 2 NRS 179.255 is hereby amended to read as follows:
179.255 1. [A person who] If a person has been arrested for alleged criminal conduct [, where] and the charges [were] are dismissed or such person [was] is acquitted of the [charge, may after] charges, the person may petition:
(a) The court in which the charges were dismissed, not earlier than 30 days from the date the charges were dismissed ; or
(b) The court in which the acquittal was entered, not earlier than 30 days from the date of the acquittal , [petition the court in and for the county where such arrest was made]
for the sealing of all records relating to the arrest [.
2. The] and the proceedings leading to the acquittal.
2. A petition filed pursuant to this section must be accompanied by a current, verified record of the criminal history of the petitioner received from the local law enforcement agency of the city or county in which the petitioner appeared in court.
3. Upon receiving a petition pursuant to this section, the court shall notify [the district attorney of the county in which the arrest was made, and the district] :
(a) The prosecuting attorney for the county; or
(b) If the charges were dismissed 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 the hearing on the petition.
[3.] 4. If , after the hearing , the court finds that there has been an acquittal 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 which are in the custody of the court, of another court in the State of Nevada or of a public or private company, agency or official in the State of Nevada.
Sec. 3 NRS 179.295 is hereby amended to read as follows:
179.295 1. The person who is the subject of the records [which] that are sealed pursuant to NRS 179.245, 179.255 or 453.3365 may petition the [district] court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the [district] court may order such inspection. Except as otherwise provided in subsection 2 and NRS 179.301, the court may not order the inspection of the records under any other circumstances.
2. [Where] If a person has been arrested , [and] the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the [record by the district] records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or similar offense and that there is sufficient evidence reasonably to conclude that he will stand trial for the offense.
3. The court may, upon the application of a [district] 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.
Sec. 4 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.