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- 83rd Session (2025)
Assembly Bill No. 488–Committee on Judiciary
CHAPTER..........
AN ACT relating to criminal procedure; revising provisions relating
to vacating a judgment of conviction and sealing certain
records of certain victims; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes certain victims convicted of certain offenses to petition
the court to vacate a judgment of conviction against the victim and seal all
documents relating to the case. Under existing law, such offenses include: (1) any
crime under the laws of this St ate, other than a crime of violence; or (2) a violation
of a county, city or town ordinance for loitering for the purposes of solicitation or
prostitution. (NRS 179.247) Section 1 of this bill : (1) expands the list of offenses
under which a victim of human trafficking may petition the court to vacate a
judgment of conviction and seal all documents relating to the case to include any
crime under the laws of this State and any violation of a county, city or town
ordinance; and (2) revises the applicable crimi nal procedure. Section 3 of this bill
provides that the changes in section 1 apply: (1) retroactively to any conviction
obtained before the effective date of this bill; (2) to any conviction obtained on or
after the effective date of this bill; and (3) to a petition filed on or after the effective
date of this bill.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 179.247 is hereby amended to read as follows:
179.247 1. If a person who is a victim of human trafficking
has been convicted of [any offense listed in subsection 2, ] a crime
under the laws of this State or a violation of a county, city or town
ordinance, 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] vacating the judgment [;] and
[(b) Sealing] sealing all documents, papers and exhibits in the
person’s record, minute book entries , non-conviction victim-related
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 c ourt’s order [.] , including, without limitation, a work card
issued by a local law enforcement agency, license or similar
document. The petitioner may include official documentation in
support of the petition.
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2. A person [may file ] who files a petitio n 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. ] must not be required
to pay a filing fee to file the petition.
3. A petition filed pursuant to subsection 1 must satisfy the
requirements of NRS 179.245 [.] and include a statement from the
petitioner certifying that the petitioner is a victim of human
trafficking.
4. [The court may grant a petition filed pursuant to su bsection
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 descr ibed 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 petiti oner 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] Upon receipt of 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] notify the prosecuting
[attorney who] agency that 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.] 5. Upon the filing of a petition pursuant to subsection 1,
there is a rebuttable presumption that the judgment should be
vacated and that all documents, papers and exhibits related to the
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case should be sealed. Nothing in this subsection shall be
construed to prevent the prosecuting agency from objecting to the
vacatur or sealing, and the court may consider any relevant
factors before i ssuing a decision on the vacatur of judgment or
sealing of records.
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 rela ted to
the case.
7. If the petitioner includes official documentation pursuant
to subsection 1, and 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] 4 and the court makes the findings set forth in
subsection [4,] 8, the court may vacate the judgment and seal all
documents, papers and exhibits in accordance with subsection [7] 9
without a hearing.
8. If the court [does not order the sealing of the records or the
prosecuting agency files a written objection, ] determines that the
petitioner has demonstrated with prima facie evidence that
grounds exist for granting the relief requested, unless the court
vacates the judgment and seals all documents, papers and exhibits
without a hearing pursuant to subsection 7, 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, pape rs and exhibits related to
the case.
7.] , the petitioner has the burden of proving by a
preponderance of the evidence that:
(a) At the time the offense for which the relief is requested was
committed, the petitioner was a victim of human trafficking; and
(b) The participation of the petitioner in the offense was the
direct or indirect result of the petitioner having been a victim of
human trafficking.
9. If the court [grants a petition filed pursuant to subsection 1, ]
determines based on its review o f the petition or the evidence
presented at a hearing that the petitioner has met the burden
prescribed by subsection 8, the court shall:
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(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 , non -conviction victim -
related 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.] , including, without limitation, a work card issued by a local
law enforcement agency, license or similar document.
10. 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.] 11. If the court enters an order pursuant to subsection [8,]
10, 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,] 9, 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.
12. A person or governmental entity shall not discipline,
penalize or otherwise retaliate against the petitioner for filing a
petition pursuant to subsection 1.
13. As used in this section:
(a) “Governmental entity” means:
(1) An institution, board, co mmission, bureau, council,
department, division, authority or other unit of government of this
State, including, without limitation, an agency of this State or of a
political subdivision.
(2) The United States and any of its incorporated or
unincorporated agencies and instrumentalities.
(b) “Local law enforcement agency” means:
(1) The sheriff’s office of a county;
(2) A metropolitan police department; or
(3) A police department of an incorporated city.
(c) “Official documentation” includes:
(1) A certified record from a governmental entity
documenting the petitioner’s status as a victim of human
trafficking at the time the offense for which the relief is requested
was committed;
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(2) A written affidavit signed by a qualified third party
acting in his or her official capacity or a sworn testimony by a
qualified third party stating that the petitioner:
(I) Sought assistance from the qualified third party
relating to the victimization experienced by the petitioner from
human trafficking; or
(II) Was a victim of human trafficking at the time the
offense for which the relief is requested was committed; or
(3) Any evidence, reports, statements or other material
which the court determines is legally sufficient to establish that the
petitioner is a victim of human trafficking.
(d) “Qualified third party” means:
(1) A physician, physician assistant, psychologist, social
worker, marriage and family therapist or clinical professional
counselor licensed pursuant to the provisions of title 54 of NRS;
(2) A registered nurse holding a master’s degree in the field
of psychiatric nursing and licensed to practice professional
nursing in this State;
(3) Any person who is employed by an agency or service
which advises persons regarding human trafficking or refers such
persons to persons or agencies where their request and needs can
be met and who is licensed to provide health care pursuant to the
provisions of title 54 of NRS; or
(4) Any member of the clergy of a church, religious society
or denomination that is recognized as exempt under section
501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. §
501(c)(3), who has been chosen, elected or appointed in
conformity with the constitution, canons, rites, regulations or
discipline of the church, religious society or denomination.
(e) “Victim of human trafficking” means a:
(1) Person against whom a violation of any provision of
NRS 200.463 to 200.468, inclusive, 201.300, 201.320 or 201.395 or
18 U.S.C. § § 1589, 1590 , 1591, 1952, 1957, 2241, 2242, 2244,
2251, 2251A, 2421, 2422, 2423 or 2425 is alleged to have been
committed, regardless of whether any person is charged with or
convicted of the violation; or
(2) Victim of trafficking in persons as described in the
Trafficking Victims Protection Act of 2000, 22 U.S.C. §§ 7101 et
seq.
Sec. 2. (Deleted by amendment.)
Sec. 3. The amendatory provisions of this act apply to:
1. Any conviction obtained before, on or after the effective
date of this act; and
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2. A petition for an order to vacate a judgment and seal records
pursuant to NRS 179.247, as amended by section 1 of this act, that
is filed on or after the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
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