In Nevada, a misdemeanor will stay on your criminal record forever unless you get it sealed. That said, most misdemeanor convictions can be sealed from your criminal record after one, two, or seven years from the time the case closes.
If the misdemeanor charge gets dismissed short of a conviction, you can pursue a Nevada record seal immediately.
Note that the waiting period to get a record seal under NRS 179.245 begins after the case ends, not after the arrest and not after the conviction. A case ends when you complete all the sentencing terms, and the judge officially closes the case.
| Nevada misdemeanor conviction | Record sealing waiting period |
|---|---|
| Most misdemeanors | 1 year after the case closes |
| Battery, harassment, stalking, and violation of a protection order | 2 years after the case closes |
| Gross misdemeanors | 2 years after the case closes |
| DUI and battery domestic violence (BDV) | 7 years after the case closes |
Misdemeanor convictions with a 7-year record seal waiting period
You have to wait at least seven (7) years after the case ends in order to pursue a record seal for either of the following misdemeanor convictions in Nevada:
- driving under the influence (DUI), or
- battery domestic violence (BDV)
Note that getting a BDV conviction sealed does not restore your right to have firearms. Only a Nevada pardon can restore your gun rights.
Misdemeanor convictions with a 2-year record seal waiting period
You have to wait at least two (2) years after the case ends in order to pursue a record seal for either of the following misdemeanor convictions in Nevada:
Note that all gross misdemeanors also have a two (2) year waiting period.
Misdemeanor convictions with a 1-year record seal waiting period
You have to wait at least one (1) year after the case ends in order to pursue a record seal for any of the Nevada misdemeanor convictions not mentioned in the previous two sections above. Common misdemeanors with a 1-year record seal waiting period include:
Misdemeanor charges that get dismissed
There is no waiting period to pursue a record seal of a misdemeanor charge when:
- the prosecutor dismisses the charge, or
- you are acquitted of the charge at trial
Note that sometimes you get arrested or cited for a misdemeanor, and then the prosecutors choose not to bring charges at all. In this situation, prosecutors have one year from the arrest or citation to change their mind and bring charges after all.
Therefore, if you were arrested or cited for a misdemeanor but were never formally charged, you usually have to wait a full year after the incident to pursue a record seal.
Benefits of getting a record seal
Even though misdemeanors are more minor than felonies, having a misdemeanor on your criminal record can greatly impede you from getting such things as:
- a job,
- a loan,
- a professional license,
- a green card, or
- a lease
Having a criminal record carries a social stigma, and people in a position of power may pass you over for a job for no reason other than you had a brush with the law.
If you get your record sealed, you are greatly increasing your prospects in nearly every area of your life. Once the record is sealed, you can legally deny ever having a criminal case if asked about it under oath or during a job interview.
Getting a record sealed can be extremely time-intensive and confusing, so you are advised to retain an attorney to take care of all the paperwork, legwork, and mailings. The entire process takes several months from beginning to end. One clerical mistake can set you back weeks.
Please see our related article on How do I know if I have a misdemeanor on my record?
