NRS 41.910 - Certificate of innocence: Entry; denial of entry and dismissal of action; sealing of records upon entry of certificate.

NV Rev Stat § 41.910 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

1. If a court finds that a person is entitled to a judgment pursuant to NRS 41.900, the court shall enter a certificate of innocence finding that the person was innocent of the felony for which the person was wrongfully convicted.

2. If a court does not find that a person is entitled to a judgment pursuant to NRS 41.900, the action must be dismissed and the court shall not enter a certificate of innocence.

3. Upon an entry of a certificate of innocence pursuant to subsection 1, the court shall order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada and shall order all such records of the person returned to the file of the court where the underlying criminal action was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are reasonably known by either the person or the court to have possession of such records. Such records must be sealed regardless of whether the person has any prior criminal convictions in this State.

(Added to NRS by 2019, 4367)

Previous Section

NRS 41.900 - Qualifications for bringing action for wrongful conviction; required proof; weight and admissibility of evidence; appointment of counsel; “innocence” defined.

Next Section

NRS 41.920 - Waiver of sovereign immunity; action not subject to other requirements or limitation on damages; law relating to absolute or qualified immunity of judicial officer, prosecutor or law enforcement officer applies to action.