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Juvenile Record Sealing Laws

SEALING AND UNSEALING OF RECORDS

NRS 62H.100 “Records” defined.

1. As used in NRS 62H.100 to 62H.170, inclusive, unless the context otherwise requires, “records” means any records relating to a child who is within the purview of this title and who:

(a)Is taken into custody by a peace officer or a probation officer or is otherwise taken before a probation officer; or

(b)Appears before the juvenile court or any other court pursuant to the provisions of this title.

2.The term includes records of arrest.

(Added to NRS by 2003, 1091)

 

NRS 62H.110 “Applicability of provisions”. The provisions of NRS 62H.100 to 62H.170, inclusive, do not apply to:

1.Information maintained in the standardized system established pursuant to NRS 62H.200;

2.Information that must be collected by the Division of Child and Family Services pursuant to NRS 62H.220;

3.Records that are subject to the provisions of NRS 62F.260; or

4.Records relating to a traffic offense that would have been a misdemeanor if committed by an adult.

(Added to NRS by 2003, 1091)

 

NRS 62H.120  “Explanation of certain information concerning sealing of records to be included in court order”. Any decree or order entered concerning a child within the purview of this title must contain, for the benefit of the child, an explanation of the contents of NRS 62H.100 to 62H.170, inclusive, and, if applicable, NRS 62F.260.

(Added to NRS by 2003, 1091)

 

NRS 62H.130 Procedure for sealing records of child who is less than 21 years of age.

1.If a child is less than 21 years of age, the child or a probation officer on behalf of the child may petition the juvenile court for an order sealing all records relating to the child. The petition may be filed not earlier than 3 years after the child:

(a)Was last adjudicated in need of supervision or adjudicated delinquent; or

(b)Was last referred to the juvenile court,

Ê whichever is later.

2.If a petition is filed pursuant to this section, the juvenile court shall notify the district attorney and, if a probation officer is not the petitioner, the chief probation officer.

3.The district attorney and the chief probation officer, or any of their deputies, or any other person who has evidence that is relevant to consideration of the petition may testify at the hearing on the petition.

4.After the hearing on the petition, the juvenile court shall enter an order sealing all records relating to the child if the juvenile court finds that:

(a)During the applicable 3-year period, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude; and

(b)The child has been rehabilitated to the satisfaction of the juvenile court.

(Added to NRS by 2003, 1091)

 

NRS 62H.140  Automatic sealing of records when child reaches 21 years of age; exception. Except as otherwise provided in NRS 62H.150, when a child reaches 21 years of age, all records relating to the child must be sealed automatically.

(Added to NRS by 2003, 1091)

 

NRS 62H.150 Limitations on sealing records related to certain delinquent acts.

1.If a child is adjudicated delinquent for an unlawful act listed in subsection 6 and the records relating to that unlawful act have not been sealed by the juvenile court pursuant to NRS 62H.130 before the child reaches 21 years of age, those records must not be sealed before the child reaches 30 years of age.

2.After the child reaches 30 years of age, the child may petition the juvenile court for an order sealing those records.

3.If a petition is filed pursuant to this section, the juvenile court shall notify the district attorney and the chief probation officer.

4.The district attorney and the chief probation officer, or any of their deputies, or any other person who has evidence that is relevant to consideration of the petition may testify at the hearing on the petition.

5.After the hearing on the petition, the juvenile court may enter an order sealing the records relating to the child if the juvenile court finds that, during the period since the child reached 21 years of age, the child has not been convicted of any offense, except for minor moving or standing traffic offenses.

6.The provisions of this section apply to any of the following unlawful acts:

(a)An unlawful act which, if committed by an adult, would have constituted:

(1)Sexual assault pursuant to NRS 200.366;

(2)Battery with intent to commit sexual assault pursuant to NRS 200.400; or

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

(b)An unlawful act which would have been a felony if committed by an adult and which involved the use or threatened use of force or violence.

(Added to NRS by 2003, 1092)

 

NRS 62H.160 Procedure for sealing records of child: Duties of juvenile court and other public officers and agencies.

1.If the juvenile court enters an order sealing the records relating to a child or the records are sealed automatically, all records relating to the child must be sealed that are in the custody of:

(a)The juvenile court or any other court;

(b)A probation officer, probation department or law enforcement agency; or

(c)Any other public officer or agency.

2.If the juvenile court enters an order sealing the records relating to a child, the juvenile court shall send a copy of the order to each public officer or agency named in the order. Not later than 5 days after receipt of the order, each public officer or agency shall:

(a)Seal the records in the custody of the public officer or agency, as directed by the order;

(b)Advise the juvenile court of compliance with the order; and

(c)Seal the copy of the order received by the public officer or agency.

(Added to NRS by 2003, 1092)

 

NRS 62H.170 Effect of sealing records; inspection of sealed records in certain circumstances.

1.Except as otherwise provided in this section, if the records of a person are sealed:

(a)All proceedings recounted in the records are deemed never to have occurred; and

(b)The person may reply accordingly to any inquiry concerning the proceedings and the acts which brought about the proceedings.

2.The juvenile court may order the inspection of records that are sealed if:

(a)The person who is the subject of the records petitions the juvenile court to permit the inspection of the records by the persons named in the petition;

(b)An agency charged with the medical or psychiatric care of the person who is the subject of the records petitions the juvenile court to permit the inspection of the records by the agency;

(c)A district attorney or an attorney representing a defendant in a criminal action petitions the juvenile court to permit the inspection of the records to obtain information relating to the persons who were involved in the acts detailed in the records; or

(d)The juvenile court determines that the inspection of the records is necessary to:

(1)Perform bona fide outcome and recidivism studies;

(2)Further bona fide research to determine the effectiveness of juvenile justice services;

(3)Improve the delivery of juvenile justice services; or

(4)Obtain additional resources for the delivery of juvenile justice services.

Ê Personal identifying information contained in records inspected pursuant to this paragraph must remain confidential in a manner consistent with any applicable laws and regulations.

3.Upon its own order, any court of this State may inspect records that are sealed if the records relate to a person who is less than 21 years of age and who is to be sentenced by the court in a criminal proceeding.

(Added to NRS by 2003, 1092; A 2013, 520)