Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 62H.170 - Effect of sealing records; inspection of sealed records in certain circumstances1. Except as otherwise provided in this section, if the records of a person are sealed: (a) All proceedings recounted in the records are deemed never to have occurred; and(b) The person may reply accordingly to any inquiry concerning the proceedings and the acts which brought about the proceedings.2. The juvenile court may order the inspection of records that are sealed if: (a) The person who is the subject of the records petitions the juvenile court to permit the inspection of the records by the persons named in the petition;(b) An agency charged with the medical or psychiatric care of the person who is the subject of the records petitions the juvenile court to permit the inspection of the records by the agency;(c) A prosecuting attorney or a defendant in a criminal action petitions the juvenile court to permit the inspection of the records to obtain information relating to the persons, including the defendant, who were involved in the acts detailed in the records;(d) The person who is the subject of the records has committed an act which subjects the person to the jurisdiction of the juvenile court and which may form the basis of a civil action and a person who, in good faith, intends to bring or has brought the civil action, or any other person who is a party to the civil action, petitions the juvenile court to permit the inspection of the records to obtain information relating to the person who is the subject of the records; or(e) The juvenile court determines that the inspection of the records is necessary to:(1) Perform bona fide outcome and recidivism studies, which may include, without limitation, using personal identifying information from sealed juvenile records to perform criminal background checks on persons who were adjudicated pursuant to this title;(2) Further bona fide research to determine the effectiveness of juvenile justice services;(3) Improve the delivery of juvenile justice services; or(4) Obtain additional resources for the delivery of juvenile justice services. Personal identifying information contained in records inspected or obtained from criminal background checks pursuant to this paragraph must remain confidential in a manner consistent with any applicable laws and regulations.
3. Upon its own order, any court of this State may inspect records that are sealed if the records relate to a person who is less than 21 years of age and who is to be sentenced by the court in a criminal proceeding.4. A federal, state or local governmental entity, or an agency of such an entity, may inspect or release records or information used to perform a background check to determine whether a person who is less than 21 years of age is eligible to purchase and possess firearms under state and federal law.Added to NRS by 2003, 1092; A 2013, 520; 2015, 2572; 2023, 2439Amended by 2023, Ch. 408,§7, eff. 7/1/2023.Amended by 2015, Ch. 443,§4, eff. 10/1/2015.Amended by 2013, Ch. 155,§1.4, eff. 7/1/2013.Added to NRS by 2003, 1092