In Nevada, felony cases stay on your criminal record forever unless you petition for a record seal. Felonies do not eventually “fall off.”
Nevada imposes a five-year wait time before you can seal convictions for most category B, C, or D felonies.
However, the wait time to seal convictions for category E felonies is only two years after your case closes.
Meanwhile, there is a 10-year wait time to seal convictions for category A felonies, burglary of a residence, or felony crimes of violence.1
Finally, certain serious felony convictions can never be sealed. These include:
- sex crimes,
- felony DUI,
- crimes against children, and
- invasion of the home with a deadly weapon.2
Note that if your felony charge gets dismissed – either before trial or through an acquittal – you can petition for a record seal in Nevada right away.3
Are record seals worth doing?
Yes. If you are eligible to get your past convictions sealed in Nevada, I strongly encourage you to pursue it immediately.
Having any criminal record is a huge barrier to your future. It can keep you from getting:
- jobs,
- scholarships,
- professional licenses,
- loans, and
- housing.
Plus it carries a social stigma and can impact your relationships.
Once a record seal goes through, your past convictions will be hidden on your future background checks (with some exceptions). You can also lawfully say under oath that you do not have a criminal record.4
What is the record seal process?
Getting a Nevada record seal is a multi-step process:
- Buy your Criminal History Report (“SCOPE”).
- Determine which court to file in.
- Complete the proper paperwork.
- Deliver the paperwork to the proper prosecutorial agency.
- Once the prosecutor signs off on it, deliver the paperwork to the judge.
If the judge finally grants your order to seal, it is your responsibility to mail a copy of the order to all the relevant agencies that have your criminal record (such as Nevada’s Criminal History Repository in Carson City).
The record seal process takes up to a year from beginning to end. Most of the time is just you waiting to hear back from the prosecutor, judge, and state agencies.
The paperwork is also very technical, and you can be rejected based on a simple error. This is why I encourage you to rely on an attorney to take care of the process so it goes through the first time.5
Most felony convictions can be sealed from your Nevada criminal record after five years.
What if I get a pardon?
Pardons are an official “forgiveness” of a conviction, but they are not seals. Even if you get a Governor’s Pardon in Nevada, the conviction remains on your record. Only a seal can hide the conviction on future background checks.
Furthermore, pardons are very difficult to get since the Nevada governor grants very few of them. Meanwhile, you are all but guaranteed a record seal as long as you are eligible and follow the proper procedures.
The main reason to pursue a pardon is to get your firearms rights restored. Record seals cannot restore your firearm rights following a felony conviction.6
What about misdemeanors?
As with felonies, Nevada misdemeanor cases remain on your record unless you take steps to seal them.
In Nevada, most misdemeanor convictions can be sealed from your criminal record one year after the case ends. However, certain misdemeanor conviction have a two-year wait time. These are:
Meanwhile, the wait time to seal misdemeanor convictions of DUI or battery domestic violence is seven years after the case ends, which is longer than for most felonies.
As for gross misdemeanor convictions, the record sealing wait time is two years after the case ends (the same as for category E felony convictions).
As with felonies, misdemeanors that get dismissed can be sealed right away.7
Many employers automatically disqualify convicted felons.
Additional Reading
For more information, refer to our related articles:
- What Nevada convictions can never be sealed? – Discussion of the crimes that remain on your record forever unless you can get the charges reduced or dismissed.
- 10 ways sealed records differ from Governor’s pardons in Nevada – A comparison and contrast of record seals and pardons.
- How to seal domestic violence criminal records in Nevada – A how-to guide geared towards sealing DV convictions.
- How to seal DUI criminal records in Nevada – A how-to guide geared towards sealing DUI convictions.
- How much does it cost to seal my criminal record in Nevada? – Overview of record seal costs.
Legal References
- NRS 179.245.
- Same. See also Tiffee v. Eighth Judicial Dist. Ct., (2021) 137 Nev. Adv. Op. 20; see also Aragon v. State (In re Aragon) (Nev. 2020) 476 P.3d 465.
- NRS 179.255.
- Same.
- Same.
- See NRS 213.005 – NRS 213.100.
- Notes 1 & 3.
