AB 488: Revises provisions relating to criminal convictions of certain victims. (BDR 14-873) - Nevada

Reprint 2 → As Enrolled · 4 edits

MODERATE

This bill expands eligibility for victims of human trafficking to petition courts to vacate their criminal convictions and seal their records. It removes the previous restriction that excluded violent crimes, allowing victims of any crime or ordinance violation to seek relief if they were coerced by trafficking. The bill also establishes a rebuttable presumption in favor of sealing records and simplifies the process by allowing courts to grant relief without a hearing if the prosecutor does not object within 30 days.

Scope change

The bill broadens the scope from only non-violent offenses to include any crime or ordinance violation, provided the participation was a result of human trafficking.

ELIGIBILITY

Expanded eligibility to include victims convicted of violent crimes, whereas previously only non-violent crimes qualified for vacatur and sealing.

REQUIREMENT

Added a 30-day window for prosecutors to file written objections; if no objection is filed, the court may grant relief without a hearing.

Changed the court's process from a discretionary 'may grant' standard to a mandatory 'shall vacate' standard when the statutory conditions are met.

ENFORCEMENT

Established a rebuttable presumption that judgments should be vacated and records sealed if the petitioner proves they were a victim of trafficking.

As Introduced → Reprint 1 · 4 edits

MODERATE

This bill expands the list of offenses that victims of human trafficking can petition to have vacated and sealed from their criminal records, removing previous restrictions on specific crimes. It also clarifies that these changes apply retroactively to convictions obtained before the bill's effective date and simplifies the court's notification process to the prosecuting agency.

Scope change

The bill's scope is expanded to include all crimes under state law and all local ordinance violations, whereas the original version excluded crimes of violence and limited local ordinance violations to loitering for solicitation or prostitution.

ELIGIBILITY

Removed the exclusion of 'crimes of violence' from the list of offenses eligible for record sealing, allowing victims convicted of violent crimes to petition for relief if they were trafficking victims.

Broadened the scope of local ordinance violations eligible for relief to include any violation, rather than limiting it only to loitering for solicitation or prostitution.

TIMELINE

Explicitly stated that the new provisions apply retroactively to convictions obtained before the effective date, ensuring past victims are not permanently barred from seeking relief.

REQUIREMENT

Streamlined the court's notification process by removing the requirement to notify the Central Repository for Nevada Records of Criminal History and the Office of the Attorney General, limiting notification only to the prosecuting agency.

Reprint 1 → Reprint 2 · 3 edits

MINOR

This bill was reprinted with amendments adopted on May 22, 2025, updating the reprint date from April 21, 2025. The substantive changes expand the types of documents that can be sealed to include non-conviction victim-related entries and work cards issued by law enforcement, while maintaining the same eligibility criteria for victims of human trafficking seeking to vacate and seal their criminal records.

Scope change

The bill's scope was slightly expanded to include additional types of documents that can be sealed under the petition process.

REQUIREMENT

Added 'non-conviction victim-related entries' to the list of documents that can be sealed, ensuring that records related to victim status are also protected.

Added 'work card issued by a local law enforcement agency, license or similar document' to the list of documents that can be sealed, expanding protection to employment-related records.

TECHNICAL

Updated the reprint date from April 21, 2025 to May 22, 2025, reflecting the latest amendments adopted by the legislature.

Revises provisions relating to criminal convictions of certain victims. (BDR 14-873)

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