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Nevada Revised Statutes Title 14. Procedure in Criminal Cases § 179.285. Order sealing records: Effect; proceedings deemed never to have occurred; restoration of civil rights

Current as of January 01, 2021 | Updated by FindLaw Staff

Except as otherwise provided in NRS 179.301:

1. If the court orders a record sealed pursuant to NRS 34.970, 174.034, 176.211, 176A.245, 176A.265, 176A.295, 179.245, 179.247, 179.255, 179.259, 179.2595, 179.271, 201.354 or 453.3365:

(a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may properly answer accordingly to any inquiry, including, without limitation, an inquiry relating to an application for employment, concerning the arrest, conviction, dismissal or acquittal and the events and proceedings relating to the arrest, conviction, dismissal or acquittal.

(b) The person is immediately restored to the following civil rights if the person's civil rights previously have not been restored:

(1) The right to vote;

(2) The right to hold office; and

(3) The right to serve on a jury.

2. Upon the sealing of the person's records, a person who is restored to his or her civil rights pursuant to subsection 1 must be given:

(a) An official document which demonstrates that the person has been restored to the civil rights set forth in paragraph (b) of subsection 1; and

(b) A written notice informing the person that he or she has not been restored to the right to bear arms, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms.

3. A person who has had his or her records sealed in this State or any other state and whose official documentation of the restoration of civil rights is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has had his or her records sealed, the court shall issue an order restoring the person to the civil rights to vote, to hold office and to serve on a jury. A person must not be required to pay a fee to receive such an order.

4. A person who has had his or her records sealed in this State or any other state may present official documentation that the person has been restored to his or her civil rights or a court order restoring civil rights as proof that the person has been restored to the right to vote, to hold office and to serve as a juror.

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Cite this article: FindLaw.com - Nevada Revised Statutes Title 14. Procedure in Criminal Cases § 179.285. Order sealing records: Effect; proceedings deemed never to have occurred; restoration of civil rights - last updated January 01, 2021 | https://codes.findlaw.com/nv/title-14-procedure-in-criminal-cases/nv-rev-st-179-285.html

Read this complete Nevada Revised Statutes Title 14. Procedure in Criminal Cases § 179.285. Order sealing records: Effect; proceedings deemed never to have occurred; restoration of civil rights on Westlaw. Westlaw subscription required.

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