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AB 488

Revises provisions relating to criminal convictions of certain victims. (BDR 14-873)

2025 Regular Session

Aims to let trafficking survivors petition to vacate convictions and seal records, broadening eligible offenses and simplifying relief without filing fees.

Vetoed by the Governor.
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WeVote Research Nonpartisan
Bill Summary · AB 488

AB 488 — Summary (BDR 14‑873)

Status: Vetoed by the Governor (delivered to Governor 5/29/2025; vetoed 6/05/2025)
Introduced: February 10, 2025
Primary statute amended: NRS 179.247 (criminal record vacatur / sealing for trafficking victims)

Purpose / Intent

AB 488 was designed to expand and streamline post‑conviction relief for survivors of human trafficking by allowing them to petition courts to vacate convictions and seal related records when the criminal conduct was caused by their trafficking victimization. The bill aimed to remove long‑term barriers to housing, employment and services for survivors whose criminal records stemmed from coercion or exploitation.

Key provisions (final enrolled / reprint version)

  • Expansion of eligible offenses: Survivors could petition to vacate and seal convictions for any crime under State law or violation of a county/city/town ordinance (i.e., no longer limited to prostitution/low‑level offenses).
  • Filing rules:
    • No filing fee required to submit a petition.
    • Petition must satisfy NRS 179.245 and include a statement certifying the petitioner is a victim of human trafficking.
    • The petitioner may attach official documentation or third‑party corroboration.
  • Rebuttable presumption: Upon filing a petition, a rebuttable presumption arises that the judgment should be vacated and records sealed. Prosecuting agencies may object; courts retain discretion to consider relevant factors.
  • Stipulation by prosecutor: If the prosecuting agency stipulates to vacatur and sealing, the court applies the statutory presumption and must vacate and seal records.
  • Review and hearings:
    • If no stipulation or objection is filed, the court determines whether the petition presents a prima facie case; if so, the court holds a hearing.
    • At hearing the petitioner bears the burden to prove by a preponderance of the evidence that (1) they were a trafficking victim when the offense occurred, and (2) their participation was directly or indirectly caused by the trafficking.
  • Relief ordered: If criteria are met, court must vacate the conviction (dismiss the accusatory pleading) and order sealing of all documents, papers and exhibits relating to the case.
  • Scope of sealing: Explicit inclusion of minute book/docket entries, “non‑conviction victim‑related entries,” and documents such as work cards, sheriff’s cards, licenses or similar documents.
  • Protections: Bill prohibits discipline, penalties or retaliation by persons or governmental entities against petitioners asserting trafficking victim status.
  • Retroactivity / applicability: Provisions apply to convictions obtained before, on, or after the bill’s effective date and to petitions filed on or after the effective date.
  • Fiscal note: Legislative materials indicate potential fiscal impacts on the State and local governments.

Notable amendments / procedural changes

  • Several committee/interest‑group amendments were adopted in committee and on the floor (e.g., clarifying prima facie procedures, scope of sealed records, presumption mechanics).
  • The final enrolled version did not retain an automatic requirement that courts appoint counsel for indigent petitioners (that requirement was removed in amendments).
  • Proposed reporting requirements to the Administrative Office of the Courts were removed in later amendments.

Who is affected

  • Primary: Survivors of human trafficking with state or local convictions linked to their trafficking victimization.
  • Governmental actors: Trial courts, prosecuting agencies (district attorneys), law enforcement record repositories and agencies that hold local licensing/work cards.
  • Indirect: Employers, landlords and licensing entities that rely on criminal records; fiscal impacts for court administration and records offices.

Legislative timeline (selected)

  • Introduced: 2/10/2025
  • Passed Assembly and Senate with amendments (May 2025)
  • Enrolled and sent to Governor: 5/29/2025
  • Vetoed by Governor: 6/05/2025

This summary reflects the bill as passed by the Legislature (enrolled / reprint versions) but notes that it did not become law due to the Governor’s veto.

Compiled from official sources — confirm details with the bill’s official record.

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