How to get records expunged in Nevada

Posted on October 6, 2020

Magnifiying class over paper that says criminal record — Expunging is slightly different than sealing criminal records.

Nevada law does not offer criminal record expungements, but it does offer record sealing. Essentially, expunging and sealing accomplish the same purpose. But whereas expunging is physically destroying a record, sealing is making the record invisible. Either way, the record will not show up on future background checks.

What are the steps to seal records in Nevada?

There are five main steps for getting a Nevada criminal record sealed. But note that each court has its own specific procedures.

Obtain a copy of the criminal record from law enforcement. It may also be necessary to get a copy of the record from the Nevada Department of Public Safety’s Criminal History Repository in Carson City.
Compose the petition to seal the record. Usually, courts have sample forms on their website that defendants can use.
Submit the petition to seal the record and any supporting documentation to the prosecutor (district attorney in justice court or district court cases, or the city attorney in municipal court cases).
If the prosecutor approves the petition, submit the paperwork to the court.
If the court signs off on the record, mail a copy of the signed court order to each government agency that has a copy of the criminal record (such as the police department, the prosecutor’s office, and the Criminal History Repository in Carson City.)

The entire process of getting a criminal record sealed in the state of Nevada takes up to one year. The long waits are due to the time it takes for the prosecutors’ office to approve the petition and for the various agencies to comply with the order to seal.

In some cases, judges require a hearing to decide whether to seal the case. But as long as the prosecution approves, the judge will usually rubber-stamp it.

But before people try to seal their criminal record, they should first determine whether they are even qualified for a seal:

Am I eligible for a seal in Nevada?

People whose criminal charges get dismissed (with or without a trial acquittal) can petition the court for a seal right away. It does not matter how serious the original charge was.

But if the defendant was convicted, then there is a waiting period before the court will grant a seal. The wait depends on the criminal conviction:

Conviction	Waiting period for criminal record sealing (after the case closes)
Most misdemeanors	One year
Gross misdemeanors, category E felonies, and misdemeanor battery (NRS 200.471), misdemeanor harassment (NRS 200.571), misdemeanor stalking (NRS 200.575), or misdemeanor violation of a protection order (NRS 33.100)	Two years
Most category D felonies, category C felonies, or category B felonies	Five years
Misdemeanor DUI and misdemeanor battery domestic violence (NRS 200.485)	Seven years
Category A felonies, burglary (NRS 205.060) of a residence, and felony crimes of violence	Ten years
Sexual offenses, crimes against children, invasion of the home (NRS 205.067) with a deadly weapon, and felony DUI.	Never

Why should I get my record sealed?

Once a criminal history gets sealed, it no longer shows up on future background checks. This increases employment and housing prospects. And defendants can deny even having had a criminal history during job interviews and under oath. (There are some exceptions. For instance, the Gaming Control Board can see certain sealed records of job applicants. Sealed histories may come up through FBI fingerprint checks. And it may be necessary to reveal sealed criminal histories while applying for certain professional licenses.)

Note however that sealing does not restore a person’s right to own or possess guns. Only a governor’s pardon can do that according to the Nevada Revised Statutes.

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Call our law firm for help. Our criminal defense attorneys offer free consultations.

Legal References:

NRS 179
Clark County Sealing Handbook
Las Vegas Municipal Court Sealing Handbook
Henderson Municipal Court Sealing Handbook

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.

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