Nevada Juvenile Justice
Sec. § 62E.275
Vacating and sealing records of adjudication of delinquency for certain unlawful acts by child who was victim of trafficking or involuntary servitude.


1.

If a child has been adjudicated delinquent for an unlawful act listed in subsection 2, the child may petition the juvenile court for an order:

(a)

Vacating the adjudication; and

(b)

Sealing all records relating to the adjudication.

2.

A child may file a petition pursuant to subsection 1 if the child was adjudicated delinquent for an unlawful act in violation of:

(a)

NRS 201.354, for engaging in prostitution or solicitation for prostitution, provided that the child was not alleged to be a customer of a prostitute;

(b)

NRS 207.200, for unlawful trespass;

(c)

Paragraph (b) of subsection 1 of NRS 463.350, for loitering; or

(d)

A county, city or town ordinance, for loitering for the purpose of solicitation or prostitution.

3.

The juvenile court may grant a petition filed pursuant to subsection 1 if:

(a)

The petitioner was adjudicated delinquent for an unlawful act described in subsection 2;

(b)

The participation of the petitioner in the unlawful act was the result of the petitioner having been a victim of:

(1)

Trafficking in persons as described 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 petitioner has ceased being a victim of trafficking or involuntary servitude or has sought services for victims of such trafficking or involuntary servitude.

4.

Before the court decides whether to grant a petition filed pursuant to subsection 1, the court shall:

(a)

Notify the district attorney and the chief probation officer or the Chief of the Youth Parole Bureau and allow any person who has evidence that is relevant to consideration of the petition to testify at the hearing on the petition; and

(b)

Take into consideration any reasonable concerns for the safety of the petitioner, family members of the petitioner or other victims that may be jeopardized by the granting of the petition.

5.

If the court grants a petition filed pursuant to subsection 1, the court shall:

(a)

Vacate the adjudication and dismiss the accusatory pleading; and

(b)

Order sealed all records relating to the adjudication.

6.

If a petition filed pursuant to subsection 1 does not satisfy the requirements of NRS 62H.130 or the juvenile court determines that the petition is otherwise deficient with respect to the sealing of the petitioner’s record, the juvenile court may enter an order to vacate the adjudication and dismiss the accusatory pleading if the petitioner satisfies all requirements necessary for the adjudication to be vacated.

7.

If the juvenile court enters an order pursuant to subsection 6, the court shall also order sealed all records of the petitioner which relate to the adjudication being vacated in accordance with paragraph (b) of subsection 5, regardless of whether any records relating to other adjudications are ineligible for sealing either by operation of law or because of a deficiency in the petition.
Source
Last accessed
Jul. 3, 2020