In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
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All Nevada criminal records are eventually sealable except convictions for either (1) felony DUI, (2) felony BUI, (3) invasion of the home (NRS 205.067) with a deadly weapon, (4) certain crimes against children, and (5) sex crimes.
These convictions remain on your criminal record forever in the state of Nevada. Though if the charge gets dismissed or if you get an acquittal, you can pursue a record seal right away.1
There are four types of felony cases for driving under the influence:
Convictions for these felony drunk driving / drugged driving cases can never be sealed.
Note that misdemeanor DUI convictions are sealable seven years after the case closes. Misdemeanor DUIs comprise first-time DUIs and second-time DUIs (within seven years of the first one).
Like DUI, BUI (boating under the influence) can be charged as a misdemeanor or a felony. Also like felony DUI convictions, felony BUI convictions many never be sealed. (NRS 488.420-.428)
Meanwhile, a misdemeanor boating under the influence charge can be sealed one year after the case ends.
Invasion of the home is when you forcibly enter a dwelling without being allowed by the lawful occupant or owner. It does not matter whether there are people present in the dwelling during the alleged intrusion.
If you had a deadly weapon, then a conviction cannot be sealed. Examples of deadly weapons include knives, guns, or other objects used to inflict injury (such as a brick or lead pipe).
A conviction of home invasion without a deadly weapon can be sealed five years after the case ends.
Convictions of the following five crimes against minors under 18 can never be sealed in Nevada:
In addition, convictions of an attempt to commit either of these five crimes may never be sealed.
Convictions of the following sexual offenses can never be sealed in Nevada:
In addition, convictions of an attempt to commit either of the above offenses may never be sealed.
Whenever you get charged with an unsealable offense, your criminal defense attorney should attempt to get your criminal charges dropped or lessened to a sealable offense. The waiting period to seal records under NRS 179.245 depends on the seriousness of the crime:
Nevada criminal conviction |
Waiting time for a record seal (after the case closes) |
Most misdemeanors | 1 year |
Gross misdemeanors, category E felonies, and misdemeanor battery, harassment, stalking, or violation of a protection order | 2 years |
The majority of category D felonies, category C felonies, and category B felonies | 5 years |
Misdemeanor DUI and misdemeanor battery domestic violence | 7 years |
Category A felonies, burglary of a residence, and felony crimes of violence | 10 years |
The process of getting a Nevada record seal takes several months. Plus each court has its own procedures.
For instance, municipal court has different procedures than district court, and the paperwork in Henderson may be different than in North Las Vegas or elsewhere in Clark County. You are advised to hire a criminal defense attorney to handle everything – most offer consultations to discuss the process.
Ultimately, a judge will issue a court order to seal, and it is your responsibility to mail a copy to every agency that has your criminal records, including
Sealing does not restore gun rights under Nevada law. Only pardons can do that.3
Although sealed records do not appear on future background checks, certain agencies can see sealed criminal history reports. For instance, the Gaming Control Board can see certain sealed criminal records of people who apply to work there.
Finally, the Nevada Revised Statutes never mentions expungement, just record sealing. Though expunging and sealing are essentially the same thing.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.