How long does reckless driving stay on your record in Nevada?

Posted on January 31, 2022

Following a reckless driving conviction in Nevada, the waiting period to seal the criminal record after the case ends is

1. one year for misdemeanors,
2. two years for gross misdemeanors, and
3. five years for category B felonies.

However, if the reckless driving charge gets dismissed short of conviction, the defendant can petition for a seal immediately.

What is reckless driving in Nevada?

Reckless driving is operating a motor vehicle in a very risky way that goes beyond mere negligence. The driver is endangering people or property. There are five types of reckless driving in Nevada:

1. Driving in willful or wanton disregard of safety of persons or property

An example of driving in willful or wanton disregard is going significantly over the posted speed limit. This is usually punished as a misdemeanor, carrying a fine, 8 DMV demerit points, and a possible jail sentence of up to 6 months. The fine for a first offense is $250 to $1,000.

The fine for a second offense is $1,000 to $1,500 in fines. And the fine for a subsequent offense is $1,500 to $2,000 in fines. Misdemeanor convictions can be sealed one year after the case ends.

Note that if the driver causes death or substantial bodily harm, reckless driving becomes a category B felony. The penalty is 1 to 6 years in Nevada State Prison and a fine of $2,000 to $5,000. Category B felony convictions can be sealed five years after the case ends.

2. Eluding a police vehicle

Eluding occurs when a driver willfully fails to stop for police officers in a readily identifiable vehicle that is signaling the driver to pull over. A misdemeanor, eluding is punishable by up to 6 months in jail and/or up to $1,000 in fines. Misdemeanor convictions can be sealed one year after the case ends.

But if death or bodily harm results, eluding becomes a category B felony. The sentence is 2 to 20 years in prison and/or a maximum $50,000 fine. Category B felony convictions can be sealed five years after the case ends. 

Learn more about evading police in Nevada (NRS 484B.550).

3. Colliding with a pedestrian or cyclist by failing to exercise due care

Colliding with a pedestrian or cyclist is a misdemeanor, carrying fines, community service, a driver’s license suspension of 6 months to 2 years, and a potential jail sentence of up to 6 months.

For a first offense, the fine is $250 to $1,000, and the defendant must perform 50 to 99 hours of community service. For a second offense, the fine is $1,000 to $1,500, and the defendant must perform 100 to 199 hours of community service. And for a subsequent offense, the fine is $1,500 to $2,000, and the defendant must perform 200 hours of community service.

Misdemeanor convictions can be sealed one year after the case ends.

4. Unauthorized speed contests

Racing in public without a permit is a misdemeanor, carrying fines, community service, a driver’s license suspension of 6 months to 2 years, and possible jail time of up to 6 months.

For a first offense, the fine is $250 to $1,000, and the defendant must perform 50 to 99 hours of community service. For a second offense, the fine is $1,000 to $1,500, and the defendant must perform 100 to 199 hours of community service. And for a subsequent offense, the fine is $1,500 to $2,000, and the defendant must perform 200 hours of community service.

First time offenders may have their racing vehicle impounded for 15 days. And repeat offenders will have their racing vehicle impounded for 30 days.

Misdemeanor convictions can be sealed one year after the case ends.

5. Unauthorized trick driving

A trick driving display is using an automobile to perform stunts on a public highway where traffic has been impeded to enable the stunts. This is a gross misdemeanor, punishable by fines, community service, a possible driver’s license suspension of 6 months to 2 years, and possibly up to 364 days in jail.

For a first offense, the fine is $1,000 to $1,500, and the defendant must perform 100 to 199 hours of community service. For a subsequent offense, the fine is $1,500 to $2,000, and the defendant must perform 200 hours of community service. Plus, the vehicle will be impounded for 30 days.

Gross misdemeanor convictions can be sealed two years after the case ends.

How do I seal the record?

The process of sealing a criminal record has several steps. First, the person must obtain his/her criminal history from the arresting police agency (called a SCOPE). Then the person must submit a petition and order to seal with the prosecuting agency.

Assuming the prosecutors sign off on it, the person must then submit the petition and order to the court that heard the case. Assuming the judge signs off on it, the person must then mail copies of the signed order to seal to all the state agencies that have copies of the criminal records. This process takes up to one year.

Every court has its own procedures for record seals. People can google their local court and “record seal” to find the relevant forms and instructions. The record sealing handbook for Clark County, NV is here.

About the Author

Neil Shouse

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.