A.B. 488
- *AB488*
ASSEMBLY BILL NO. 488–COMMITTEE ON JUDICIARY
MARCH 24, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to criminal convictions
of certain victims. (BDR 14-873)
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 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 1
the court to vacate a judgment of conviction against the victim and seal all 2
documents relating to the case. Under existing law, such offenses include: (1) any 3
crime under the laws of this State, other than a crime of violence; or (2) a violation 4
of a county, city or town ordinance for loitering for the purposes of solicitation or 5
prostitution. (NRS 179.247) Section 1 of this bill expands the list of offenses under 6
which a victim of human trafficking may petition the court to vacate a judgment of 7
conviction and seal all documents relating to the case to include any crime under 8
the laws of this State and any violation of a county, city or town ordinance. Section 9
1 also revises the applicable criminal procedure, including, without limitation, by 10
requiring the court to appoint counsel for an indigent petitioner. Finally, section 1 11
requires the Administrative Office of the Courts to report to each regular session of 12
the Legislature certain information relating to such petitions. Section 3 of this bill 13
provides that the changes in section 1 apply retroactively to any conviction 14
obtained before, on or after the effective date of this bill. 15
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: 1
179.247 1. If a person who is a victim of human trafficking 2
has been convicted of [any offense listed in subsection 2,] a crime 3
under the laws of this State or a violation of a county, city or town 4
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ordinance, the person may petition the court in which he or she was 1
convicted or, if the person wishes to file more than one petition and 2
would otherwise need to file a petition in more than one court, the 3
district court, for an order: 4
(a) Vacating the judgment; and 5
(b) Sealing all documents, papers and exhibits in the person’s 6
record, minute book entries and entries on dockets, and other 7
documents relating to the case in the custody of such other agencies 8
and officers as are named in the court’s order. 9
2. A person [may file] who files a petition pursuant to 10
subsection 1 [if the person was convicted of: 11
(a) A violation of NRS 201.353 or 201.354, for engaging in 12
prostitution or solicitation for prostitution, provided that the person 13
was not alleged to be a customer of a prostitute; 14
(b) A crime under the laws of this State, other than a crime of 15
violence; or 16
(c) A violation of a county, city or town ordinance, for loitering 17
for the purpose of solicitation or prostitution.] : 18
(a) Must not be required to pay a filing fee to file the petition. 19
(b) Shall serve notice and a copy of the petition upon the 20
prosecuting agency. 21
3. A petition filed pursuant to subsection 1 must satisfy the 22
requirements of NRS 179.245 [.] and include: 23
(a) A statement from the petitioner certifying that the 24
petitioner is a victim of human trafficking; and 25
(b) Facts which support the petitioner’s grounds for relief. 26
4. [The court may grant a petition filed pursuant to subsection 27
1 if: 28
(a) The petitioner was convicted of a violation of an offense 29
described in subsection 2; 30
(b) The participation of the petitioner in the offense was the 31
result of the petitioner having been a victim of: 32
(1) Trafficking in persons as described in the Trafficking 33
Victims Protection Act of 2000, 22 U.S.C. §§ 7101 et seq.; or 34
(2) Involuntary servitude as described in NRS 200.463 or 35
200.4631; and 36
(c) The petitioner files a petition pursuant to subsection 1 with 37
due diligence after the petitioner has ceased being a victim of 38
trafficking or involuntary servitude or has sought services for 39
victims of such trafficking or involuntary servitude. 40
5. Before the court decides whether to grant a petition filed 41
pursuant to subsection 1, the court shall: 42
(a) Notify the Central Repository for Nevada Records of 43
Criminal History, the Office of the Attorney General and each office 44
of the district attorney and law enforcement agency in the county in 45
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which the petitioner was convicted and allow the prosecuting 1
attorney who prosecuted the petitioner for the crime and any person 2
to testify and present evidence on behalf of any such entity; and 3
(b) Take into consideration any reasonable concerns for the 4
safety of the defendant, family members of the defendant or other 5
victims that may be jeopardized by the granting of the petition. 6
6. If the prosecuting agency that prosecuted the petitioner for 7
the crime stipulates to vacating the judgment of the petitioner and 8
sealing all documents, papers and exhibits related to the case, the 9
court shall apply the presumption set forth in NRS 179.2445, vacate 10
the judgment and seal all documents, papers and exhibits related to 11
the case. If the prosecuting agency does not stipulate to vacating the 12
judgment of the petitioner and sealing all documents, papers and 13
exhibits related to the case or does not file a written objection within 14
30 days after receiving notification pursuant to subsection 5 and the 15
court makes the findings set forth in subsection 4, the court may 16
vacate the judgment and seal all documents, papers and exhibits in 17
accordance with subsection 7 without a hearing.] Official 18
documentation may be attached to a petition filed pursuant to 19
subsection 1. If such documentation is attached to the petition, 20
there is a rebuttable presumption that the petitioner is a victim of 21
human trafficking. 22
5. Upon the receipt of a petition filed pursuant to subsection 23
1, the court shall determine whether the petition sets forth a prima 24
facie case for granting the relief requested. If the court [does not 25
order the sealing of the records or the prosecuting agency files a 26
written objection,] determines that the petitioner has demonstrated 27
with prima facie evidence that grounds exist for granting the relief 28
requested, a hearing on the petition must be conducted. If the court 29
grants a hearing, the court shall appoint counsel for the petitioner 30
in accordance with NRS 34.750. At the hearing [, unless an 31
objecting party presents evidence sufficient to rebut the presumption 32
set forth in NRS 179.2445, the court shall vacate the judgment, 33
apply the presumption and seal all documents, papers and exhibits 34
related to the case. 35
7.] , the petitioner has the burden of proving by a 36
preponderance of the evidence that: 37
(a) At the time the offense for which the relief is requested was 38
committed, the petitioner was a victim of human trafficking; and 39
(b) The participation of the petitioner in the offense was the 40
direct result of the petitioner having been a victim of human 41
trafficking. 42
6. If the court [grants a petition filed pursuant to subsection 1,] 43
determines based on the evidence presented at the hearing that the 44
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petitioner has met the burden prescribed by subsection 5, the court 1
shall: 2
(a) Vacate the judgment and dismiss the accusatory pleading; 3
and 4
(b) Order sealed all documents, papers and exhibits in the 5
petitioner’s record, minute book entries and entries on dockets, and 6
other documents relating to the case in the custody of such other 7
agencies and officers as are named in the court’s order. 8
[8.] 7. If a petition filed pursuant to subsection 1 does not 9
satisfy the requirements [of NRS 179.245] prescribed by subsection 10
3 or the court determines that the petition is otherwise deficient with 11
respect to the sealing of the petitioner’s record, the court may enter 12
an order to vacate the judgment and dismiss the accusatory pleading 13
if the petitioner satisfies all requirements necessary for the judgment 14
to be vacated. 15
[9.] 8. If the court enters an order pursuant to subsection [8,] 7, 16
the court shall also order sealed the records of the petitioner which 17
relate to the judgment being vacated in accordance with paragraph 18
(b) of subsection [7,] 6, regardless of whether any records relating to 19
other convictions are ineligible for sealing either by operation of law 20
or because of a deficiency in the petition. 21
9. A person or governmental entity shall not discipline, 22
penalize or otherwise retaliate against the petitioner for filing a 23
petition pursuant to subsection 1. 24
10. The Administrative Office of the Courts shall report to 25
each regular session of the Legislature: 26
(a) The number of petitions filed during the immediately 27
preceding 2 years; and 28
(b) The outcomes of any such petitions. 29
11. As used in this section: 30
(a) “Governmental entity” means: 31
(1) An institution, board, commission, bureau, council, 32
department, division, authority or other unit of government of this 33
State, including, without limitation, an agency of this State or of a 34
political subdivision. 35
(2) The United States and any of its incorporated or 36
unincorporated agencies and instrumentalities. 37
(b) “Official documentation” includes: 38
(1) A certified record from a governmental entity 39
documenting the petitioner’s status as a victim of human 40
trafficking at the time the offense for which the relief is requested 41
was committed. 42
(2) A written affidavit signed by a qualified third party 43
acting in his or her official capacity or a sworn testimony by a 44
qualified third party stating that the petitioner: 45
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(I) Sought assistance from the qualified third party 1
relating to the victimization experienced by the petitioner from 2
human trafficking; or 3
(II) Was a victim of human trafficking at the time the 4
offense for which the relief is requested was committed; or 5
(3) Any evidence, reports, statements or other material 6
which the court determines is legally sufficient to establish that the 7
petitioner is a victim of human trafficking. 8
(c) “Qualified third party” means: 9
(1) A physician, physician assistant, psychologist, social 10
worker, marriage and family therapist or clinical professional 11
counselor licensed pursuant to the provisions of title 54 of NRS; 12
(2) A registered nurse holding a master’s degree in the field 13
of psychiatric nursing and licensed to practice professional 14
nursing in this State; 15
(3) Any person who is employed by an agency or service 16
which advises persons regarding human trafficking or refers such 17
persons to persons or agencies where their request and needs can 18
be met and who is licensed to provide health care pursuant to the 19
provisions of title 54 of NRS, or is a member of the board of 20
directors or serves as the executive director of an agency or service 21
which advises persons regarding human trafficking or refers such 22
persons to persons or agencies where their request and needs can 23
be met; or 24
(4) Any member of the clergy of a church, religious society 25
or denomination that is recognized as exempt under section 26
501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 27
501(c)(3), who has been chosen, elected or appointed in 28
conformity with the constitution, canons, rites, regulations or 29
discipline of the church, religious society or denomination. 30
(d) “Victim of human trafficking” means a person against 31
whom a violation of any provision of NRS 200.463 to 200.468, 32
inclusive, 201.300, 201.320 or 201.395 or 18 U.S.C. § 1589, 1590 33
or 1591 has been committed. 34
Sec. 2. The provisions of subsection 1 of NRS 218D.380 do 35
not apply to any provision of this act which adds or revises a 36
requirement to submit a report to the Legislature. 37
Sec. 3. The amendatory provisions of this act apply to any 38
conviction obtained before, on or after the effective date of this act. 39
Sec. 4. This act becomes effective upon passage and approval. 40
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