Existing law authorizes a person who was arrested for alleged criminal conduct 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 provides that 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 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. Under existing law, if a court orders a record sealed, the proceedings recounted in the record are deemed never to have occurred for most purposes. (NRS 179.285) Although existing law generally deems a proceeding for which records have been 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 179.295) Section 2 of this bill eliminates this authorization and instead prohibits a court from considering any such proceeding in determining whether to grant a petition to seal records relating to a conviction of another offense.

Statutes affected:
BDR: 179.255, 179.295