AB13

Existing law: (1) authorizes a court to grant certain persons an honorable discharge from probation; and (2) requires the court to dishonorably discharge any person who is not eligible for an honorable discharge from probation. (NRS 176A.850) Section 2 of this bill authorizes a court to grant a person who is not eligible for an honorable discharge a general discharge if the court determines, based on the nature and extent of compliance with the conditions of probation, that a general discharge is appropriate. Existing law: (1) provides that, upon the filing of a petition for the sealing of certain criminal records, a rebuttable presumption exists that the records should be sealed; and (2) makes the presumption inapplicable to a defendant who is dishonorably discharged from probation. (NRS 179.2445) Section 3 of this bill provides that the rebuttable presumption that records of criminal history should be sealed applies at the discretion of the court to a defendant who is given a general discharge from probation pursuant to section 2. Existing law provides that a judgment which requires a defendant in a criminal action to pay certain monetary penalties or restitution constitutes a lien which is enforceable as a judgment in a civil action. (NRS 176.275) Section 2 clarifies that the unpaid balance of any fine, fee, cost or assessment and any requirement to pay restitution included in the judgment entered against a person who has been discharged from probation constitutes a civil