Tiffee v. Eighth Judicial District Court
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The Supreme Court reversed the order of the district court denying Appellant's petition to seal criminal records, holding that the district court misapplied the relevant statutes.
Pursuant to a plea agreement, Appellant pleaded guilty to a felony sexual offense that falls under a category for which criminal records are not subject to sealing. After successfully completing probation, Appellant withdrew his guilty plea and instead entered a guilty plea to unlawful contact with a child, a gross misdemeanor. Appellant subsequently filed this petition to seal his criminal records. The district court denied the petition, concluding that both the crime Appellant initially pleaded guilty to and the later pleaded crime were not subject to sealing. The Supreme Court reversed, holding (1) a withdrawn guilty plea cannot justify the denial of a petition to seal criminal records after a subsequent guilty plea; (2) gross misdemeanor unlawful contact with a child is not a crime for which record sealing is precluded under Nev. Rev. Stat. 179.245(6); and (3) Appellant was entitled to the presumption in favor of sealing criminal records under Nev. Rev. Stat. 179.2445(1).
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