NRS 179.242: Agency of Criminal Justice Defined

Courts, Government Agencies, and the Two-Part Test

NRS 179.242 adopts the definition of an agency of criminal justice from NRS 179A.030. Under NRS 179.241, that definition applies throughout Nevada’s record sealing statutes, NRS 179.2405 through 179.301, unless the context requires otherwise.

Courts, Government Agencies, and the Two-Part Test

NRS 179A.030 covers any court. A governmental agency or a unit within it qualifies only if it meets both conditions below.

• It performs a criminal justice function under a statute or executive order.
• It devotes a substantial part of its budget to a criminal justice function.

The statute lists local law enforcement, the Nevada Highway Patrol, the Division of Parole and Probation, and the Nevada Department of Corrections as examples. Under NRS 179A.020, criminal justice functions include investigating offenses, prosecuting cases, supervising people under correctional authority, and maintaining criminal history records.

Who Receives a Sealing Order

For orders covered by NRS 179.275, a copy must go to the Central Repository for Nevada Records of Criminal History and to each agency or other record custodian named in the order. That list can include a private company named as a custodian even though it falls outside the definition in NRS 179A.030.

A named recipient must seal the records it holds that relate to the matters in the order, notify the court of compliance, and then seal the order itself. For example, a court may hold the case docket while the arresting police department holds the arrest report. When the order names both, each seals the covered records in its own custody.

The Chapter 179 record sealing overview covers the related statutes. The Nevada record sealing guide explains eligibility and filing.