Nevada Revised Statutes 62H.180 – Procedure for expunging records of child who is 18 years of age or older
1. A child 18 years of age or older may petition the juvenile court for an order expunging all records of the person relating to:
Terms Used In Nevada Revised Statutes 62H.180
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Testify: Answer questions in court.
(a) An unlawful act that, if committed by an adult, would have been a misdemeanor; and
(b) An act of a child in need of supervision pursuant to NRS 62B.320.
2. If a petition is filed pursuant to subsection 1, the juvenile court shall notify the district attorney and the chief probation officer or the Chief of the Youth Parole Bureau, as applicable.
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 the consideration of a petition filed pursuant to subsection 1 may testify at the hearing on the petition.
4. After the hearing on a petition filed pursuant to subsection 1, if the juvenile court finds that the child has been rehabilitated to the satisfaction of the juvenile court, the juvenile court shall enter an order expunging all records described in subsection 1. In determining whether a child has been rehabilitated to the satisfaction of the juvenile court, the juvenile court may consider the factors listed in subsection 5 of NRS 62H.130.
5. If the juvenile court enters an order expunging the records of a child pursuant to this section:
(a) All proceedings recounted in the records are deemed never to have occurred;
(b) The child may reply accordingly to any inquiry concerning the proceedings and the acts which brought about the proceedings;
(c) All records must be:
(1) Expunged that are in the custody of the juvenile court or any other court; and
(2) Destroyed that are in the custody of:
(I) A probation officer, probation department or law enforcement agency; or
(II) Any other public officer or agency.
6. If the juvenile court enters an order expunging the records relating to a child filed pursuant to subsection 1, the juvenile court shall send a copy of the order to each public officer or agency named in the order. Not later than 60 days after receipt of the order, each public officer or agency shall:
(a) Destroy 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) Destroy the copy of the order received by the public officer or agency.