Existing law establishes various provisions relating to the sealing of records relating to children. (NRS 62E.275, 62H.100-62H.170) If such records are sealed, existing law provides that: (1) the proceedings recounted in the records are deemed never to have occurred; and (2) the person may reply accordingly to any inquiry concerning the proceedings and the acts which brought about the proceedings. However, existing law authorizes a juvenile court to order the inspection of sealed records by certain persons under certain circumstances. (NRS 62H.170) Section 4 of this bill establishes provisions relating to the expungement of certain records relating to children. Section 4 authorizes a child 18 years of age or older to petition the juvenile court for an order expunging all records relating to: (1) an unlawful act that, if committed by an adult, would have been a misdemeanor; and (2) an act of a child in need of supervision. Under section 4, if a juvenile court enters an order expunging such records: (1) all proceedings recounted in the records are deemed never to have occurred; (2) the child may reply accordingly to any inquiry concerning the proceedings and the acts which brought about the proceedings; (3) all records in the custody of a probation officer, probation department or law enforcement agency, or any other public officer or agency, must be destroyed within 60 days after the juvenile court issues such an order; and (4) all records in the custody of the juvenile court or any other court must be expunged. Section 4 also: (1) requires the juvenile court to notify the district attorney and the chief probation officer or the Chief of the Youth Parole Bureau, as applicable, if a petition is filed pursuant to section 4; and (2) authorizes certain persons who have evidence that is relevant to the consideration of the petition to testify at the hearing on the petition. Section 7 of this bill makes conforming changes related to the factors considered by the juvenile court in the hearing on the petition. Sections 5 and 6 of this bill make conforming changes to indicate the proper placement of section 4 within the Nevada Revised Statutes. When a child reaches 21 years of age, existing law requires the automatic sealing of records relating to the child unless the records relate to: (1) a civil judgment which has not expired or been satisfied; or (2) unlawful acts which, if committed by an adult, would have constituted sexual assault, battery with intent to commit sexual assault, lewdness with a child or a felony involving the use or threatened use of force or violence. (NRS 62H.130-62H.150) While retaining the existing exceptions to the automatic sealing provisions, section 7.5 of this bill requires that such records be sealed automatically: (1) within 60 days after the date the child reaches 18 years of age; or (2) if the records relate to a delinquent or unlawful act, criminal charge or act of a child in need of supervision for which a child is subject to the jurisdiction of a juvenile court or other agency when the child reaches 18 years of age, within 60 days after the termination of the jurisdiction of the juvenile court or other agency.

Statutes affected:
As Introduced: 62E.275, 62F.360, 62H.100, 62H.110, 62H.130, 62H.160
Reprint 1: 62H.100, 62H.110, 62H.130, 62H.140
Reprint 2: 62H.100, 62H.110, 62H.130, 62H.140
As Enrolled: 62H.100, 62H.110, 62H.130, 62H.140