Nevada § 179.247 - Vacating judgment and sealing of records after conviction of certain offenses: Persons eligible; petition; notice; order

§ 179.247. Vacating judgment and sealing of records after conviction of certain offenses: Persons eligible; petition; notice; order

1. If a person has been convicted of any offense listed in subsection 2, the person

may petition the court in which he or she was convicted or, if the person wishes to

file more than one petition and would otherwise need to file a petition in more than

one court, the district court, for an order: (a) Vacating the judgment; and (b) Sealing all documents, papers and exhibits in the 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. 2. A person may file a petition pursuant to subsection 1 if the person was convicted

of: (a) A violation of NRS 201.353 or 201.354 , for engaging in prostitution or solicitation for prostitution, provided that the

person was not alleged to be a customer of a prostitute; (b) A crime under the laws of this State, other than a crime of violence; or (c) A violation of a county, city or town ordinance, for loitering for the purpose

of solicitation or prostitution. 3. A petition filed pursuant to subsection 1 must satisfy the requirements of NRS 179.245 . 4. The court may grant a petition filed pursuant to subsection 1 if: (a) The petitioner was convicted of a violation of an offense described in subsection

2; (b) The participation of the petitioner in the offense was the result of the petitioner

having been a victim of: (1) Trafficking in persons as described in the Trafficking Victims Protection Act

of 2000, 22 U.S.C. §§ 7101 et seq. ; or (2) Involuntary servitude as described in NRS 200.463 or 200.4631 ; and (c) The petitioner files a petition pursuant to subsection 1 with due diligence after

the petitioner has ceased being a victim of trafficking or involuntary servitude or

has sought services for victims of such trafficking or involuntary servitude. 5. Before the court decides whether to grant a petition filed pursuant to subsection

1, the court shall: (a) Notify the Central Repository for Nevada Records of Criminal History, the Office

of the Attorney General and each office of the district attorney and law enforcement

agency in the county in which the petitioner was convicted and allow the prosecuting

attorney who prosecuted the petitioner for the crime and any person to testify and

present evidence on behalf of any such entity; and (b) Take into consideration any reasonable concerns for the safety of the defendant,

family members of the defendant or other victims that may be jeopardized by the granting

of the petition. 6. If the prosecuting agency that prosecuted the petitioner for the crime stipulates

to vacating the judgment of the petitioner and sealing all documents, papers and exhibits

related to the case, the court shall apply the presumption set forth in NRS 179.2445 , vacate the judgment and seal all documents, papers and exhibits related to the case. If the prosecuting agency does not stipulate to vacating the judgment of the petitioner

and sealing all documents, papers and exhibits related to the case or does not file

a written objection within 30 days after receiving notification pursuant to subsection

5 and the court makes the findings set forth in subsection 4, the court may vacate

the judgment and seal all documents, papers and exhibits in accordance with subsection

7 without a hearing. If the court does not order the sealing of the records or the prosecuting agency

files a written objection, a hearing on the petition must be conducted. At the hearing, unless an objecting party presents evidence sufficient to rebut

the presumption set forth in NRS 179.2445 , the court shall vacate the judgment, apply the presumption and seal all documents,

papers and exhibits related to the case. 7. If the court grants a petition filed pursuant to subsection 1, the court shall: (a) Vacate the judgment and dismiss the accusatory pleading; and (b) Order sealed all documents, papers and exhibits in the petitioner'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. 8. If a petition filed pursuant to subsection 1 does not satisfy the requirements

of NRS 179.245 or the court determines that the petition is otherwise deficient with respect to

the sealing of the petitioner's record, the court may enter an order to vacate the

judgment and dismiss the accusatory pleading if the petitioner satisfies all requirements

necessary for the judgment to be vacated. 9. If the court enters an order pursuant to subsection 8, the court shall also order

sealed the records of the petitioner which relate to the judgment being vacated in

accordance with paragraph (b) of subsection 7, regardless of whether any records relating

to other convictions are ineligible for sealing either by operation of law or because

of a deficiency in the petition.