Revises provisions relating to records of criminal history. (BDR 14-676)

(Reprinted with amendments adopted on April 17, 2025)
FIRST REPRINT A.B. 291

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ASSEMBLY BILL NO. 291–ASSEMBLYMEMBERS JACKSON,
MOORE, ROTH, GONZÁLEZ; AND DALIA

FEBRUARY 25, 2025
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Referred to Committee on Judiciary

SUMMARY—Revises provisions relating to records of criminal
history. (BDR 14-676)

FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to records of criminal history; eliminating the
authority for a court to consider a proceeding for which
records have been sealed in determining whether to grant
a petition to seal records relating to a convict ion of
another offense; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Under existing law, if a court orders a record sealed, the proceedings recounted 1
in the record are deemed never to have occurred for most purposes . (NRS 179.285) 2
Although existing law generally deems a proceeding for which records have been 3
sealed never to have occurred, existing law authorizes a court to consider any such 4
proceeding in determining whether to grant a petition to seal records relatin g to a 5
conviction of another offense. (NRS 179.295) Section 2 of this bill eliminates this 6
authorization and instead prohibits a court from considering any such proceeding in 7
determining whether to grant a petition to seal records relating to a conviction of 8
another offense. 9

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. (Deleted by amendment.) 1
Sec. 2. NRS 179.295 is hereby amended to read as follows: 2
179.295 1. The person who is the subject of the records that 3
are sealed pursuant to NRS 34.970, 174.034, 176.211, 176A.245, 4
176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 5
179.2595, 179.271, 201.354 or 453.3365 may petition the court that 6

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ordered the records sealed to permit inspection of the records by a 1
person named in the petition, and the court may order such 2
inspection. Except as otherwise provided in this section, subsection 3
9 of NRS 179.255 and NRS 179.259 and 179.301, the court may not 4
order the inspection of the records under any other circumstances. 5
2. If a person has been arrested, the charges have been 6
dismissed and the records of the arrest have been sealed, the court 7
may order the inspection of the records by a prosecuting attorney 8
upon a showin g that as a result of newly discovered evidence, the 9
person has been arrested for the same or a similar offense and that 10
there is sufficient evidence reasonably to conclude that the person 11
will stand trial for the offense. 12
3. The court may, upon the appl ication of a prosecuting 13
attorney or an attorney representing a defendant in a criminal action, 14
order an inspection of such records for the purpose of obtaining 15
information relating to persons who were involved in the incident 16
recorded. 17
4. [This section does not prohibit a court from considering a 18
proceeding for which records have been sealed pursuant to NRS 19
174.034, 176.211, 176A.245, 176A.265, 176A.295, 179.245, 20
179.247, 179.255, 179.259, 179.2595, 179.271, 201.354 or 21
453.3365 in] In determining whether to grant a petition pursuant to 22
NRS 176.211, 176A.245, 176A.265, 176A.295, 179.245, 179.255, 23
179.259, 179.2595 or 453.3365 for a conviction of another offense 24
[.] , the court shall not consider a proceeding for which records 25
have been sealed pursuant to N RS 174.034, 176.211, 176A.245, 26
176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 27
179.2595, 179.271, 201.354 or 453.3365. 28
Sec. 3. The amendatory provisions of this act apply to a 29
petition for the sealing of a record that is filed on or after October 1, 30
2025. 31

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