179.245. Sealing records after conviction: Persons eligible; petition; notice; hearing; order.

1.  Except as otherwise provided in subsection 5 and NRS 176A.265, 176A.295, 179.259, 453.3365, and 458.330, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:

   (a)  A category A or B felony after 15 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

   (b)  A category C or D felony after 12 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

   (c)  A category E felony after 7 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

   (d)  Any gross misdemeanor after 7 years from the date of release from actual custody or discharge from probation, whichever occurs later;

   (e)  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; or

   (f)  Any other misdemeanor after 2 years from the date of his release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.

2.  A petition filed pursuant to subsection 1 must:

   (a)  Be accompanied by current, verified records of the petitioner's criminal history received from:

      (1)  The Central Repository for Nevada Records of Criminal History; and

      (2)  The local law enforcement agency of the city or county in which the conviction was entered;

   (b)  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; and

   (c)  Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed.

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:

   (a)  If the person was convicted in a district court or justice court, 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.

4.  If, after the hearing, 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 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 Bureau of Criminal Identification and Information, sheriffs' offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.

5.  A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

6.  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.

7.  As used in this section:

   (a)  Crime against a child has the meaning ascribed to it in NRS 179D.0357.

   (b)  Sexual offense means:

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

      (2)  Sexual assault pursuant to NRS 200.366.

      (3)  Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.

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

      (5)  An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

      (6)  An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

      (7)  Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

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

      (9)  Incest pursuant to NRS 201.180.

      (10)  Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

      (11)  Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.

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

      (13)  Lewdness with a child pursuant to NRS 201.230.

      (14)  Sexual penetration of a dead human body pursuant to NRS 201.450.

      (15)  Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.

      (16)  An attempt to commit an offense listed in subparagraphs (1) to (15), inclusive.

1971, p. 955; 1983, p. 1088; 1991, ch. 160, 7, p. 303; 1993, ch. 20, 2, p. 38; 1997, ch. 451, 89, p. 1673; 1997, ch. 476, 4, p. 1803; 1997, ch. 636, 1, p. 3159; 1999, ch. 105, 107, pp. 647, 648; 2001, ch. 262, 23, p. 1167; 2001, ch. 358, 5, p. 1692; 2001 Sp. Sess., ch. 16, 11, p. 261; 2003, ch. 2, 110, pp. 312, 316, 319; 2003, ch. 261, 12, p. 1385; 2005, ch. 476, 11, p. 2355; 2007, ch. 485, 8, p. 2751; 2009, ch. 44,  12, p. 105; 2009, ch. 113, 2, p. 418; 2009, ch. 369,  42.7, p. 1884.

Editor's note. This section was amended by three 2009 acts which do not appear to conflict and have been compiled together.

Acts 2001, ch. 358, 14, directs that the amendatory provisions of the act apply: (1) to a petition for an order to seal records pursuant to NRS 179.245 or 179.255 filed on or after the effective date of the act (June 5, 2001), and (2) an application for restoration of civil rights pursuant to NRS 176A.860, 213.090, 213.155, or 213.157 filed on or after the effective date of the act.

Acts 2001, Sp. Sess., ch. 16, 15, makes the amendatory provisions of the act inapplicable to offenses committed before October 1, 2001.

The 2003 amendment by ch. 2, 110, effective March 5, 2003, affirmed technical changes made by the Legislative Counsel.

The 2009 amendment by ch. 369, 42.7, effective May 29, 2009, affirmed technical changes made by the Legislative Counsel.

 Acts 2009 ch. 44,  20 provides: The amendatory provisions of this act do not apply to offenses committed before July 1, 2009.

Effect of amendment. The 2003 amendment, effective May 28, 2003, rewrote subdivision 7(b)(15), which formerly read: Annoyance or molestation of a minor pursuant to NRS 207.260.

The 2005 amendment, effective June 17, 2005, substituted 7 years for 10 years in subdivision 1(c), and 2 years for 3 years in subdivision 1(f).

The 2007 amendment, effective July 1, 2008, substituted NRS 179D.0357 for NRS 179D.210 in subdivision 7(a).

The 2009 amendment, by ch. 44,  12, effective July 1, 2009, added and section 9 of this act in the introductory language of (1).

The 2009 amendment, by ch. 113,  2, effective May 19, 2009, substituted 453.3365 and 458.330 for and 453.3365 in (1); and added Criminal following California Bureau of in (4).

Cross references. As to sealing records of juvenile proceedings, see NRS 62.370, 62.2115.

As to records of criminal history generally, see NRS 179A.010 et seq.

NOTES TO DECISIONS

This section and NRS 179.255 distinguished. By its express terms, NRS 179.255 pertains only to the sealing of records of persons who have been arrested for an alleged crime, but have not been convicted. Where a person has been convicted of a crime, this section governs the sealing of records. The mere fact that one convicted of a crime has been discharged from probation does not alter this conclusion. State v. Hayes, 94 Nev. 366, 580 P.2d 122, 1978 Nev. LEXIS 564 (1978).

This sealing statute was enacted to  remove ex-convicts' criminal records from public scrutiny and to allow convicted persons to lawfully advise prospective employers that they have had no criminal arrests and convictions with respect to the sealed events; there is no indication that this section was intended to require prospective employers or licensing authorities to disregard information concerning an applicant that is known independently of the sealed records. Baliotis v. Clark County, 102 Nev. 568, 729 P.2d 1338, 1986 Nev. LEXIS 1632 (1986).

The net effect of this section, except as to gaming matters, is  a legal dispensation that regards criminal events itemized in the sealed record as if they had never occurred. Baliotis v. Clark County, 102 Nev. 568, 729 P.2d 1338, 1986 Nev. LEXIS 1632 (1986).

Abuse of discretion in granting petition to seal records. The district court did not have the discretion to grant respondent's petition to seal his criminal records where respondent's criminal record revealed at least seven incidents since 1984 resulting in numerous charges, including multiple DUI arrests, resisting arrest, resisting a police officer, battery with use of a deadly weapon and possession of a controlled substance. State v. Cavaricci, 108 Nev. 411, 834 P.2d 406, 1992 Nev. LEXIS 89 (1992).

Unsealing record of a pardoned convicted sex offender. District court did not abuse its discretion when it unsealed a criminal record of a convicted sex offender, who was pardoned by the State Board of Pardons Commissioners after maintaining a clean criminal record for 15 years under Nev. Const. art. 5, 14, because sealing the record was expressly precluded by NRS 179.245(5). Sang Man Shin v. State, P.3d , 2009 Nev. LEXIS 9 (Mar. 26, 2009).

OPINIONS OF ATTORNEY GENERAL

Effect of sealing record. When a record of conviction is sealed, such conviction may not be utilized to prove an element in a new crime or as an enhancement for a new conviction. In addition, a sealed conviction may not be used as the basis for denial or revocation of a professional license. A person whose records have been sealed may also vote, hold office and serve as a juror. AGO 83-13 (9-14-1983).

179.255. Sealing records after dismissal or acquittal: Petition; notice; hearing; order.

1.  If a person has been arrested for alleged criminal conduct and the charges are dismissed 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; or

   (b)  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 or acquittal.

2.  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.  A petition filed pursuant to subsection 1 or 2 must:

   (a)  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;

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

   (c)  Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed.

4.  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 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 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.

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 the hearing on the petition.

6.  If, after the hearing on a petition submitted pursuant to subsection 1, 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 or dismissal 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.

7.  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 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.

1971, p. 955; 1997, ch. 636, 2, p. 3160; 2001, ch. 358, 6, p. 1693; 2009, ch. 326, 14, p. 1439.

Editor's note. Acts 2001, ch. 358, 14, directs that the amendatory provisions of the act apply: (1) to a petition for an order to seal records pursuant to NRS 179.245 or 179.255 filed on or after the effective date of the act (June 5, 2001), and (2) an application for restoration of civil rights pursuant to NRS 176A.860, 213.090, 213.155, or 213.157 filed on or after the effective date of the act.

Effect of amendment. The 2009 amendment, effective October 1, 2009, added (2), (5) and (7) and redesignated accordingly; added on a petition submitted pursuant to subsection 1 in (6); updated internal references; and made a stylistic change.

Cross references. As to the right of the defendant to receive notice of these provisions upon acquittal, see NRS 175.543.

As to the right of the defendant to receive notice of these provisions upon dismissal, see NRS 178.563.

NOTES TO DECISIONS

Applicability. This section is not applicable where one has been convicted of a crime. State v. Hayes, 94 Nev. 366, 580 P.2d 122, 1978 Nev. LEXIS 564 (1978).

This section and NRS 179.245 distinguished. By its express terms, this section pertains only to the sealing of records of persons who have been arrested for an alleged crime, but have not been convicted. Where a person has been convicted of a crime, NRS 179.245 governs the sealing of records. The mere fact that one convicted of a crime has been discharged from probation does not alter this conclusion. State v. Hayes, 94 Nev. 366, 580 P.2d 122, 1978 Nev. LEXIS 564 (1978).

Section requires evidentiary hearing prior to record sealing. Unless the parties stipulate otherwise, it is error for the district court to grant a record sealing petition pursuant to this section without first conducting an evidentiary hearing. State v. Second Judicial Dist. Court ex rel. County of Washoe, 105 Nev. 822, 783 P.2d 463, 1989 Nev. LEXIS 302 (1989).

Subsection (3) provides that the district court may order a person's criminal records sealed only if, after a 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. Once the prerequisite findings have been made, the decision whether to grant the record sealing petition is a matter within the sound discretion of the district court. A hearing may illuminate facts and circumstances which would assist the district court in exercising its discretion. State v. Second Judicial Dist. Court ex rel. County of Washoe, 105 Nev. 822, 783 P.2d 463, 1989 Nev. LEXIS 302 (1989).

This section has no provision for referring petitions to seal records to the office of the district attorney.  Instead, the district attorney is entitled to be notified of the petition and to testify and present evidence at the hearing on the petition. There is no authority for referring a petition to the district attorney or for the district attorney to return a petition to the petitioner. Likewise, there is no authority for the district court to avoid its mandatory obligation to act on the petition by deferring its judicial role to a deputy district attorney, and district court's use of such procedures was illegal. Knox v. Eighth Judicial Dist. Court ex rel. County of Clark, 108 Nev. 354, 830 P.2d 1342, 1992 Nev. LEXIS 75 (1992).

Driver's license revocation is not a record, proceeding or event  relating to the arrest which as a result, need not be sealed, under this section. State, Dep't of Motor Vehicles & Pub. Safety v. Frangul, 110 Nev. 46, 867 P.2d 397, 1994 Nev. LEXIS 6 (1994).

Court had mandatory duty to act on petition to seal record. Where petitioner commenced an independent civil action to have portions of his criminal record sealed by filing a petition, rather than by filing a motion in the district court, this rule was inapplicable. The district court had a mandatory duty to take official action on that petition, whether or not petitioner filed any further documents in the district court. Even if this rule were applicable, the district court could not use its local rules to defeat the right of litigants' access to the court. Knox v. Eighth Judicial Dist. Court ex rel. County of Clark, 108 Nev. 354, 830 P.2d 1342, 1992 Nev. LEXIS 75 (1992).

Abuse of discretion in sealing record. The district court abused its discretion in sealing requested portions of respondent's criminal record which did not result in convictions where respondent had a substantial number of arrests which appeared to be related to drunk driving, as well as arrests for more serious crimes including drug crimes and crimes involving violence. State v. Cavaricci, 108 Nev. 411, 834 P.2d 406, 1992 Nev. LEXIS 89 (1992).

179.259. Sealing records after completion of program for re-entry: Persons eligible; procedure; order; inspection of sealed records by professional licensing board.

1.  Except as otherwise provided in subsections 3 and 4, 5 years after an eligible person completes a program for reentry, the court may order sealed all documents, papers and exhibits in the eligible person's record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court's order. 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.

2.  If the court orders sealed the record of an eligible person, the court shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

3.  A professional licensing board 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.

4.  A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

5.  As used in this section:

   (a)  Crime against a child has the meaning ascribed to it in NRS 179D.0357.

   (b)  Eligible person means a person who has:

      (1)  Successfully completed a program for reentry to which the person participated in pursuant to NRS 209.4886, 209.4888, 213.625 or 213.632; and

      (2)  Been convicted of a single offense which was punishable as a felony and which did not involve the use or threatened use of force or violence against the victim. For the purposes of this subparagraph, multiple convictions for an offense punishable as a felony shall be deemed to constitute a single offense if those offenses arose out of the same transaction or occurrence.

   (c)  Program for reentry means:

      (1)  A correctional program for reentry of offenders and parolees into the community that is established by the Director of the Department of Corrections pursuant to NRS 209.48875; or

      (2)  A judicial program for reentry of offenders and parolees into the community that is established in a judicial district pursuant to NRS 209.4883.

   (d)  Sexual offense has the meaning ascribed to it in paragraph (b) of subsection 7 of NRS 179.245.

2001, ch. 262, 22, p. 1166; 2003, ch. 2, 24, p. 26; 2003, ch. 426, 38, p. 2586; 2007, ch. 485, 9, p. 2753.

Editor's note. The Legislative Counsel Bureau changed the division to the division of parole and probation of the department of public safety in subsection 1.

The 2003 amendment by ch. 2, 24, effective March 5, 2003, affirmed technical changes made by the Legislative Counsel.

Effect of amendment. The 2003 amendment, effective October 1, 2003, inserted NRS 209.4886, 209.4888, 213.625 or 213.632 near the end of subdivision 5(b)(1); added subdivision 5(c)(1); designated the language beginning A judicial program as subdivision 5(c)(2), inserted judicial preceding program, and substituted offenders for prisoners.

The 2007 amendment, effective July 1, 2008, substituted NRS 179D.0357 for NRS 179D.210 in subdivision 5(a).

179.265. Rehearings after denial of petition: Time for; number.

1.  A person whose petition is denied under NRS 179.245 or 179.255 may petition for a rehearing not sooner than 2 years after the denial of the previous petition.

2.  No person may petition for more than two rehearings.

1971, p. 956.

179.275. Order sealing records: Distribution to central repository and persons named in order; compliance.

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, a copy of the order must be sent to:

   1.  The Central Repository for Nevada Records of Criminal History; and

   2.  Each public or private company, agency or official named in the order, and that person shall seal the records in his or her custody which relate to the matters contained in the order, shall advise the court of compliance and shall then seal the order.

1971, p. 956; 1991, ch. 160, 8, p. 304; 1999, ch. 448, 1, p. 2089; 2001, ch. 262, 24, p. 1168; 2001 Sp. Sess., ch. 16, 12, p. 261; 2003, ch. 2, 110, p. 312; 2009, ch. 44,  13, p. 107; 2009, ch. 113, 3, p. 420.

Editor's note. This section was amended by two 2009 acts which do not appear to conflict and have been compiled together.

The catchline to this section has been reprinted to reflect a change made by the Legislative Counsel.

Acts 2001, Sp. Sess., ch. 16, 15, makes the amendatory provisions of the act inapplicable to offenses committed before October 1, 2001.

The 2003 amendment by ch. 2, 110, effective March 5, 2003, affirmed technical changes made by the Legislative Counsel.

Acts 2009, ch. 44,  20 provides: The amendatory provisions of this act do not apply to offenses committed before July 1, 2009.

Effect of amendment. The 2009 amendment, by ch. 44,  13, effective July 1, 2009, substituted 453.3365, or 458.330 for or 453.3365 in the introductory language.

The 2009 amendment, by ch. 113,  3, effective May 19, 2009, added 458.330 in the introductory language of (1).

179.285. Order sealing records: Effect; proceedings deemed never to have occurred; restoration of civil rights.

Except as otherwise provided in NRS 179.301:

   1.  If the court orders a record sealed pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259 or 453.3365 or 458.330:

      (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.

      (b)  The person is immediately restored to the following civil rights if the person's civil rights previously have not been restored:

         (1)  The right to vote;

         (2)  The right to hold office; and

         (3)  The right to serve on a jury.

   2.  Upon the sealing of the person's records, a person who is restored to his or her civil rights must be given an official document which demonstrates that the person has been restored to the civil rights set forth in paragraph (b) of subsection 1.

   3.  A person who has had his or her records sealed in this State or any other state and whose official documentation of the restoration of civil rights is lost, damaged or destroyed 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 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. A person must not be required to pay a fee to receive such an order.

   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.

1971, p. 956; 1981, p. 1105; 1991, ch. 160, 9, p. 304; 2001, ch. 262, 25, p. 1169; 2001, ch. 358, 7, p. 1694; 2001 Sp. Sess., ch. 16, 13, p. 262; 2003, ch. 2, 110, pp. 312, 316, 319; 2003, ch. 447, 3, p. 2687; 2009, ch. 44,  14, p. 108; 2009, ch. 113, 4, p. 420.

Editor's note. This section was amended by two 2009 acts which do not appear to conflict and have been compiled together.

Acts 2001, ch. 358, 14, directs that the amendatory provisions of the act apply: (1) to a petition for an order to seal records pursuant to NRS 179.245 or 179.255 filed on or after the effective date of the act (June 5, 2001), and (2) an application for restoration of civil rights pursuant to NRS 176A.860, 213.090, 213.155, or 213.157 filed on or after the effective date of the act.

Acts 2001, Sp. Sess., ch. 16, 15, makes the amendatory provisions of the act inapplicable to offenses committed before October 1, 2001.

The 2003 amendment by ch. 2, 110, effective March 5, 2003, affirmed technical changes made by the Legislative Counsel.

Acts 2009, ch. 44,  20 provides: The amendatory provisions of this act do not apply to offenses committed before July 1, 2009.

Effect of amendment. The 2003 amendment, effective July 1, 2003, rewrote the section.

The 2009 amendment, by ch. 44,  14, effective July 1, 2009, added 176A.295 in the introductory language of (1).

The 2009 amendment, by ch. 113,  4, effective May 19, 2009, substituted 453.3365 or 458.330 for or 453.3365 in (1).

NOTES TO DECISIONS

Outcome of separate proceeding not expunged. This section does not operate to expunge the outcome of a separate civil, administrative proceeding, even when a decision from that proceeding concerns a matter arising from the same events as the sealed arrest. State, Dep't of Motor Vehicles & Pub. Safety v. Frangul, 110 Nev. 46, 867 P.2d 397, 1994 Nev. LEXIS 6 (1994).

Driver's license revocation is not a record, proceeding or event  relating to the arrest which as a result, need not be sealed, under NRS 179.255. State, Dep't of Motor Vehicles & Pub. Safety v. Frangul, 110 Nev. 46, 867 P.2d 397, 1994 Nev. LEXIS 6 (1994).

Independent record. The existence of an independent record of a sealed conviction does not legitimate use of that conviction to impeach a witness in a court of law. Yllas v. State, 112 Nev. 863, 920 P.2d 1003, 1996 Nev. LEXIS 111 (1996).

Improper impeachment, by use of a sealed record, of the only real defense witness at the defendant's trial could not be considered harmless beyond a reasonable doubt. Yllas v. State, 112 Nev. 863, 920 P.2d 1003, 1996 Nev. LEXIS 111 (1996).

A sealed judgment of conviction cannot support impeachment of a witness, because the witness is entitled to deny that conviction, and the proceedings leading to it are deemed never to have occurred. Yllas v. State, 112 Nev. 863, 920 P.2d 1003, 1996 Nev. LEXIS 111 (1996).

Sealed Orders. In a trial for open or gross lewdness, lewdness with a child under the age of 14, and possession of pornography, a trial court did not err in admitting victims'  testimony about prior bad acts, pursuant to Nev. Rev. Stat. 48.045 because the trial court properly excluded testimony regarding court proceeding subject to sealing orders. Zana v. State, 216 P.3d 244, 2009 Nev. LEXIS 66 (Sept. 24, 2009).

OPINIONS OF ATTORNEY GENERAL

Effect of sealing record. When a record of conviction is sealed, such conviction may not be utilized to prove an element in a new crime or as an enhancement for a new conviction. In addition, a sealed conviction may not be used as the basis for denial or revocation of a professional license. A person whose records have been sealed may also vote, hold office and serve as a juror. AGO 83-13 (9-14-1983). Yllas v. State, 112 Nev. 863, 920 P.2d 1003, 1996 Nev. LEXIS 111 (1996).

179.295. Reopening of sealed records.

1.  The person who is the subject of the records that are sealed pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330 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. Except as otherwise provided in this section and NRS 179.259 and 179.301, the court may not order the inspection of the records under any other circumstances.

2.  If a person has been arrested, the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the 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 a similar offense and that there is sufficient evidence reasonably to conclude that the person will stand trial for the offense.

3.  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.

4.  This section does not prohibit a court from considering a conviction for which records have been sealed pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330 in determining whether to grant a petition pursuant to NRS 176A.265, 176A.295, 179.245, 179.255, 179.259, 453.3365 or 458.330 for a conviction of another offense.

1971, p. 956; 1981, p. 1105; 1991, ch. 160, 10, p. 304; 1997, ch. 636, 3, p. 3160; 2001, ch. 262, 26, p. 1169; 2001, ch. 358, 8, p. 1694; 2001 Sp. Sess., ch. 16, 14, p. 262; 2003, ch. 2, 110, p . 316; 2009, ch. 44, 15, p. 108; 2009, ch. 113, 5, p. 420.

Editor's note. This section was amended by two 2009 acts which do not appear to conflict and have been compiled together.

The Legislative Counsel, in subsection 1, substituted this section for subsection 2.

Acts 2001, ch. 358, 14, directs that the amendatory provisions of the act apply: (1) to a petition for an order to seal records pursuant to NRS 179.245 or 179.255 filed on or after the effective date of the act (June 5, 2001), and (2) an application for restoration of civil rights pursuant to NRS 176A.860, 213.090, 213.155, or 213.157 filed on or after the effective date of the act.

Acts 2001, Sp. Sess., ch. 16, 15, makes the amendatory provisions of the act inapplicable to offenses committed before October 1, 2001.

The 2003 amendment by ch. 2, 110, effective March 5, 2003, affirmed technical changes made by the Legislative Counsel.

Acts 2009, ch. 44,  20 provides: The amendatory provisions of this act do not apply to offenses committed before July 1, 2009.

Effect of amendment. The 2009 amendment, by ch. 44,  15, effective July 1, 2009, added 176A.295 in (1) and (4) and made a stylistic change.

The 2009 amendment, by ch. 113,  5, effective May 19, 2009, substituted 453.3365 or 458.330 for or 453.3365 in (1) and twice in (2); and made a related stylistic change.

NOTES TO DECISIONS

Application of section to subsequent criminal proceedings. Subsection 2 of this section does not allow a prosecutor to unseal criminal records any time a defendant is charged with a crime that is similar to the crime involved in the sealed records. Walker v. Eighth Judicial Dist. Court, 101 P.3d 787, 2004 Nev. LEXIS 119 (2004).

Subsection 3 of this section does not permit a prosecuting attorney to apply for an inspection of sealed records to obtain information that will be used against a defendant in a subsequent criminal proceeding. Walker v. Eighth Judicial Dist. Court, 101 P.3d 787, 2004 Nev. LEXIS 119 (2004).

Subsection 3 of this section does not allow a prosecutor to unseal criminal records for the sole purpose of using the information contained in them to impeach petitioner if he testified in a subsequent, unrelated criminal case or to enhance any sentence imposed after his conviction in such case. Walker v. Eighth Judicial Dist. Court, 101 P.3d 787, 2004 Nev. LEXIS 119 (2004).

Where, 14 years after petitioner's criminal records had been sealed, he was arrested on new allegations that were not the result of newly-discovered evidence related to the old charge, and the State presented no evidence that the later arrest was in any way connected to his conduct at the time of the earlier charges, subsection 2 of this section did not authorize the district court to unseal the records. Walker v. Eighth Judicial Dist. Court, 101 P.3d 787, 2004 Nev. LEXIS 119 (2004).

179.301. Inspection of sealed records by certain agencies.

1.  The State 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 to chapter 463 of NRS. 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.

   (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.

2.  A prosecuting attorney may inquire into and inspect any records sealed pursuant to NRS 179.245 or 179.255 if:

   (a)  The records relate to a violation or alleged violation of NRS 202.575; and

   (b)  The person who is the subject of the records has been arrested or issued a citation for violating NRS 202.575.

3.  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 that constitute information relating to sexual offenses, and may notify employers of the information in accordance with NRS 179A.180 to 179A.240, inclusive.

4.  Records which have been sealed pursuant to NRS 179.245 or 179.255 and which are retained in the statewide registry established pursuant to NRS 179B.200 may be inspected pursuant to chapter 179B of NRS by an officer or employee of the Central Repository for Nevada Records of Criminal History or a law enforcement officer in the regular course of his duties.

5.  As used in this section:

   (a)  Information relating to sexual offenses means information contained in or concerning a record of criminal history, or the records of criminal history of the United States or another state, relating in any way to a sexual offense.

   (b)  Sexual offense has the meaning ascribed to it in NRS 179A.073.

1981, p. 1105; 1987, ch. 726, 1, p. 1759; 1997, ch. 451, 90, p. 1674; 2003, ch. 2, 23, p. 16; 2003, ch. 447, 4, p. 2688; 2003, ch. 463, 1, p. 2833; 2005, ch. 275, 2, p. 973.

Editor's note. This section was amended by three 2003 acts which do not appear to conflict and have been compiled together.

Effect of amendment. The 2003 amendment, by ch. 447, 4, effective July 1, 2003, designated the language beginning May form the basis as subdivision 1(a); deleted or work permits; added subdivision 1(b); inserted for Nevada Records of Criminal History in subsection 2.

The 2003 amendment, by ch. 463, 1, effective June 10, 2003, added subsection 4, and inserted for Nevada Records of Criminal History throughout the section; and made a stylistic change.

The 2003 amendment, by ch. 2, 2nd Sp. Sess., 23, effective January 1, 2004, substituted registration as a gaming employee for gaming work permit in subsection 1.

The 2005 amendment, effective October 1, 2005, added subsection 2 and redesignated subsections accordingly.

Personal. Professional. Representation.

The Law Offices of
Paul J. Adras

4532 W. Charleston Blvd.
Las Vegas, Nevada 89102

(702) 489 2264