Overview Description

Records relating to a criminal case in which charges were declined for prosecution can be sealed pursuant to a stipulation between the parties, or after the applicable statute of limitations has run, or eight years after the arrest. Nev. Rev. Stat. § 179.255(1)(b), as amended by AB327, Section 8, Laws of 2017. (Effective October 1, 2017)

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the court having jurisdiction in which the charges were declined for prosecution. For the specific procedure, see Nev. Rev. Stat. § 179.255.

A person whose petition is denied can petition for a rehearing two years after the denial, and no more than two rehearings can be requested. Nev. Rev. Stat. § 179.265.

Fees

There is no statutory language regarding fees.

Effect

The court can order the sealing of all records of the arrest and of the proceedings which are in the custody of any agency of criminal justice or any public or private company, agency, official, or other custodian. Nev. Rev. Stat. § 179.255(7).

All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285.

The court will notify agencies of the sealing order. Nev. Rev. Stat. § 179.275.

See section 179.295 for instances in which sealed records can be reopened.

Waiting Periods

The petition can be filed upon stipulation between the parties, after the applicable statute of limitations has run, or eight years after the arrest.

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