Nevada Revised Statutes 62H.130 & 62H.140

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Full Nevada Revised Statutes 62H.130 & 62H.140

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 or parole 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:

    (a) Not earlier than 3 years after the childwas last adjudicated in need of supervision, adjudicated delinquent or placed under the supervision of the juvenile court pursuant to NRS 62C.230; and

    (b) If, at the time the petition is filed, the child does not have any delinquent or criminal charges pending.

  2. If a petition is filed pursuant to this section, the juvenile court shall notify the district attorney and, if a probation or parole officer is not the petitioner, the chief probation officer or the Chief of the Youth Parole Bureau.

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

  4. Except as otherwise provided in subsection 6, after the hearing on the petition, if the juvenile court finds that during the applicable 3-year period, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and the child has been rehabilitated to the satisfaction of the juvenile court, the juvenile court:

    (a) May enter an order sealing all records relating to the child if the child is less than 18 years of age; and

    (b) Shall enter an order sealing all records relating to the child if the child is 18 years of age or older.

  5. In determining whether a child has been rehabilitated to the satisfaction of the juvenile court pursuant to subsection 4, the juvenile court may consider:

    (a) The age of the child;

    (b) The nature of the offense and the role of the child in the commission of the offense;

    (c) The behavior of the child after the child was last adjudicated in need of supervision or adjudicated delinquent, placed under the informal supervision of a probation officer pursuant to NRS 62C.200 or placed under the supervision of the juvenile court pursuant to NRS 62C.230;

    (d) The response of the child to any treatment or rehabilitation program;

    (e) The education and employment history of the child;

    (f) The statement of the victim;

    (g) The nature of any criminal offense for which the child was convicted;

    (h) Whether the sealing of the record would be in the best interest of the child and the State; and

    (i) Any other circumstance that may relate to the rehabilitation of the child.

  6. If the juvenile court retains jurisdiction over a civil judgment and a person against whom the civil judgment was entered pursuant to NRS 62B.420, the case caption, case number and order entering the civil judgment must not be sealed until the civil judgment is satisfied or expires. After the civil judgment is satisfied or expires, the child or a person named as a judgment debtor may file a petition to seal such information.

Effective October 1, 2015

62H.140. Automatic scaling of records when child reaches 21 years of age; exception.

Except as otherwise provided in NRS 62H.130 and 62H.150, when a child reaches 21 years of age, all records relating to the child must be sealed automatically.

Effective October 1, 2015