In re Petition of Aragon
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The Supreme Court reversed the order of the district court denying Appellant's petition to seal his criminal records stemming from a guilty plea to open or gross lewdness, a gross misdemeanor, holding that Appellant was entitled to the presumption in favor of sealing criminal records under Nev. Rev. Stat. 179.2445 and that no interested person provided evidence to rebut the presumption.
In denying Appellant's petition to seal his criminal records, the district court concluded that the records could not be sealed under section 179.2445 because the underlying offense related to a crime against a child. The Supreme Court reversed, holding (1) misdemeanor open or gross lewdness is not an offense for which Defendant's records cannot be sealed; and (2) the presumption in favor of sealing Appellant's criminal records applied and was not rebutted.
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