Sealed Records Do Not Seal An Accuser’s Recollection
In Zana v. State, prior bad acts of the defendant were admitted through the testimony of witnesses having first hand knowledge of the defendant’s acts. The court explained,
When a court orders a record sealed, “[a]ll proceedings recounted in the record are deemed never to have occurred.” NRS 179.285. This fiction permits the subject of the sealed proceedings to properly deny his or her arrest, conviction, dismissal, or acquittal in connection with the proceedings. In this way, sealing orders are intended to permit individuals previously involved with the criminal justice system to pursue law-abiding citizenship unencumbered by records of past transgressions. It is clear, however, that such authorized disavowals cannot erase history. Nor can the force persons who are aware of an individual’s criminal record to disregard independent facts known to them.
Accordingly, NRS 179.285 does not require the district court to disregard the memory of a defendant’s accusers.
