EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 453.3363 is hereby amended to read as follows:

1-2 453.3363 1. If a person who has not previously been convicted of

2-1 2. Upon violation of a term or condition, the court may enter a

2-2 judgment of conviction and proceed as provided in the section pursuant to

2-3 which the accused was charged. Notwithstanding the provisions of

2-4 paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or

2-5 condition, the court may order the person to the custody of the department

2-6 of prisons.

2-7 3. Upon fulfillment of the terms and conditions, the court shall

2-8 discharge the accused and dismiss the proceedings against him. A

2-9 nonpublic record of the dismissal must be transmitted to and retained by the

2-10 division of parole and probation of the department of motor vehicles and

2-11 public safety solely for the use of the courts in determining whether, in later

2-12 proceedings, the person qualifies under this section.

2-13 4. Except as otherwise provided in [subsection 5,] subsections 5 and 6,

2-14 discharge and dismissal under this section is without adjudication of guilt

2-15 and is not a conviction for purposes of this section or for purposes of

2-16 employment, civil rights or any statute or regulation or license or

2-17 questionnaire or for any other public or private purpose, but is a conviction

2-18 for the purpose of additional penalties imposed for second or subsequent

2-19 convictions or the setting of bail. Discharge and dismissal restores the

2-20 person discharged, in the contemplation of the law, to the status occupied

2-21 before the arrest, indictment or information. He may not be held thereafter

2-22 under any law to be guilty of perjury or otherwise giving a false statement

2-23 by reason of failure to recite or acknowledge that arrest, indictment,

2-24 information or trial in response to an inquiry made of him for any purpose.

2-25 Discharge and dismissal under this section may occur only once with

2-26 respect to any person.

2-27 5. A professional licensing board [may] :

2-28 (a) May consider a proceeding under this section in determining a

2-29 person’s suitability for a license or liability to discipline for misconduct.

2-30 [Such a board is]

2-31 (b) Is entitled for those purposes to a truthful answer from the applicant

2-32 or licensee concerning any such proceeding with respect to him.

2-33 6. The board of trustees of a school district:

2-34 (a) May consider a proceeding under this section in determining a

2-35 person’s suitability and qualifications for employment with that district.

2-36 (b) Is entitled for those purposes to a truthful answer from an

2-37 employee or prospective employee concerning any such proceeding with

2-38 respect to him.

2-39 Sec. 2. NRS 453.3365 is hereby amended to read as follows:

2-40 453.3365 1. Three years after a person is convicted and sentenced

2-42 documents, papers and exhibits in that person’s record, minute book entries

3-1 and entries on dockets, and other documents relating to the case in the

3-2 custody of such other agencies and officers as are named in the court’s

3-3 order, if the:

3-4 (a) Person fulfills the terms and conditions imposed by the court and the

3-5 parole and probation officer; and

3-6 (b) Court, after a hearing, is satisfied that the person is rehabilitated.

3-7 2. Except as limited by [subsection 4,] subsections 4 and 5, 3 years

3-8 after an accused is discharged from probation pursuant to NRS 453.3363,

3-9 the court shall order sealed all documents, papers and exhibits in that

3-10 person’s record, minute book entries and entries on dockets, and other

3-11 documents relating to the case in the custody of such other agencies and

3-12 officers as are named in the court’s order if the person fulfills the terms and

3-13 conditions imposed by the court and the division of parole and probation of

3-14 the department of motor vehicles and public safety. The court shall order

3-15 those records sealed without a hearing unless the division of parole and

3-16 probation petitions the court, for good cause shown, not to seal the records

3-17 and requests a hearing thereon.

3-18 3. If the court orders sealed the record of a person discharged pursuant

3-19 to NRS 453.3363, it shall send a copy of the order to each agency or officer

3-20 named in the order. Each such agency or officer shall notify the court in

3-21 writing of its compliance with the order.

3-22 4. A professional licensing board is entitled, for the purpose of

3-23 determining a person’s suitability for a license or liability to discipline for

3-24 misconduct, to inspect and to copy from a record sealed pursuant to this

3-25 section.

3-26 5. The board of trustees of a school district is entitled, for the

3-27 purpose of determining a person’s suitability and qualifications for

3-28 employment with that district, to inspect and to copy from a record sealed

3-29 pursuant to this section.

3-30 Sec. 3. NRS 179.285 is hereby amended to read as follows:

3-31 179.285 Except as otherwise provided in NRS 179.301 [,] and

3-37 acquittal.

3-38 Sec. 4. This act becomes effective on July 1, 1999.