“Seal” Your Criminal Record in Nevada – The 5 Steps

Nevada Conviction to be Sealed	Record Sealing Waiting Period
Most misdemeanors	1 year after the case closes
Gross misdemeanors, category E felonies, and misdemeanor battery, harassment, stalking, or violation of a protection order	2 years after the case closes
Most category D felonies, category C felonies, or category B felonies	5 years after the case closes
Misdemeanor DUI and battery domestic violence	7 years after the case closes
Category A felonies, burglary of a residence, and felony crimes of violence	10 years after the case closes
Sex crimes, crimes against children, invasion of the home with a deadly weapon pursuant to NRS 205.067, and felony DUI.	Never

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding how to get a Nevada record seal.

• 1. Sealing Process
• 2. Eligibility
• 3. Unsealable Records
• 4. Costs
• 5. How Long Sealing Takes
• 6. Partial Seals
• 7. Denied Petitions
• 8. Background Checks
• 9. What You Can Tell Employers
• 10. Gun Rights
• 11. Voting Rights
• 12. Immigration
• 13. Reopening Records
• 14. Expungements
• Additional Reading

1. Sealing Process

Scroll up for instructions on how to seal your criminal record in Clark County courts specifically.

District, Justice, and Municipal Courts

The record seal procedure is specific to every Nevada court. It typically involves

1. obtaining criminal records,
2. submitting a petition to seal to the prosecutor and a judge, and
3. mailing the order to seal to various government agencies.

In general, the court that presided over the criminal case is the one that may seal the record. For example, if you get a trespass conviction in Henderson Municipal Court, you would petition that the Henderson Municipal Court seal the record.

Some Nevada courts have posted online their record seal instruction manuals:

• Las Vegas Municipal Court record seals
• Henderson Municipal Court record seals
• Washoe County (Second Judicial) District Court record seals
• Reno Municipal Court record seals

If you have criminal cases in multiple courts, you may be able to submit just one record seal petition. For example, if you have criminal cases in both

• Reno Municipal Court and
• Reno Justice Court,

you can file just one record seal petition in the Second Judicial District Court, which has jurisdiction over both those lower courts.

Juvenile Courts

Nevada juvenile records are sealed automatically when you turn twenty-one (21) if you:

• Have not been convicted of a crime that would have been a felony had an adult committed it, and
• Have not been convicted of any other crime involving violence or lewdness with a minor.

Otherwise, you may try to petition the court to seal your Nevada juvenile criminal records upon turning 30 years old. Nevada juvenile courts usually grant record seals as long as:

• You have not since been convicted of any felony- or misdemeanor crimes involving moral turpitude, AND
• You have been rehabilitated.

Learn more in our article about sealing juvenile records in Nevada. Or contact the Juvenile Records Division at (702) 455-5220.²

Federal Cases

Under federal law, record expungements (similar to sealing) are permitted for first-time drug offenders convicted of simple drug possession while under age 21.

Federal court is extremely formal, so you are encouraged to hire an experienced Las Vegas federal court defense attorney to compose and file the petition to seal records.

For any other offense, federal seals or expungements are very rare. A Nevada record seal attorney would need to research whether a federal court would entertain a motion to seal.³

2. Eligibility

When you become eligible for a record seal depends on the case, and some offenses may never be sealed. (Scroll down to section 3 for a list of unsealable crimes.)

Note that if you are currently being prosecuted for a crime, you are automatically ineligible for a record seal. Depending on how the matter resolves, they may be eligible for a seal afterward.⁴

Dismissals and Acquittals

You may petition the court for a record seal immediately in either of the following situations:

• The charge was dismissed, or
• You were acquitted (found “not guilty”) of the charges at trial

In short, Nevada law requires no waiting period to get matters sealed when there was no conviction.

However, note that the record seal process itself takes several weeks. So, for example, if you get your case dismissed in January and file a seal petition right away, the arrest will probably remain on your record until April or later.⁵

Note that victims of sex trafficking or involuntary servitude who were convicted of

• prostitution or
• any other crime not considered a “crime of violence”

are eligible to pursue a record seal right away.⁶

Sealable Convictions

If you are convicted of a Nevada crime, you can usually get a seal after a statutorily-determined waiting period. The more serious the offense, the longer the wait.

Note that the waiting period begins only after the case closes. A case is considered “closed” in Nevada when the judge acknowledges that you have completed all terms of the sentence. This includes

• paying all fines,
• completing any required classes,
• serving jail time, and/or
• completing probation.

Misdemeanors

The following table shows the record seal wait times for Nevada misdemeanors.

Nevada Misdemeanor Conviction	Record Sealing Waiting Period
DUI and battery domestic violence	7 years after the case closes
Battery, harassment, stalking, and violation of a protection order	2 years after the case closes
All gross misdemeanors	2 years after the case closes
All other misdemeanors	1 year after the case closes7

Felonies

The following table shows the record seal wait times for Nevada felonies.

Nevada Felony Conviction	Record Sealing Waiting Period
Category E felonies	2 years after the case closes
Non-violent category D, C, and B felonies	5 years after the case closes
Crimes of violence, burglary of a residence, and category A felonies	10 years after the case closes8

Note that if you completed a program for reentry through the Nevada Department of Corrections, you may be eligible for a record seal usually after four (4) years.⁹

Also, note that if you have been honorably discharged from probation, you will have an easier time achieving a record seal than people who were dishonorably discharged. There is a “rebuttable presumption” that criminal records should be sealed for honorably discharged petitioners.

Dishonorably discharged probationers do not have this same advantage when petitioning for a record seal.¹⁰

Charges that Were Denied

If you get arrested or cited for a crime – and the D.A. chooses not to bring charges – you cannot seal the record right away. Instead, these “denied” charges may be sealed:

• any time after the applicable statute of limitations has run (see NRS 171),
• any time 8 years after the arrest, or
• pursuant to a stipulation between the D.A. and you

Decriminalized Crimes

If you were convicted of charges that are no longer crimes, you can immediately petition the court to seal your records.

A common example is possession of 2.5 ounces or less of marijuana, which used to be illegal but is now legal in many circumstances. (See Nevada’s “Second Chance Act,” Assembly Bill 192 (2019)).

3. Unsealable Records

Convictions for the following types of Nevada offenses may never get sealed:

• Crime against children (under 18),
• Sex crimes,
• Felony charges of drunk driving (DUI) or drugged driving (DUID), and
• Invasion of the home with a deadly weapon pursuant to NRS 205.067¹¹

Crimes Against Children (Under 18)

Convictions of the following crimes against children can never be sealed in Nevada:

• Kidnapping (unless you are the child’s parent or guardian)
• False imprisonment (unless you are the child’s parent or guardian)
• Involuntary servitude (unless you are the child’s parent or guardian)
• Sex trafficking
• Prostitution¹²

Convictions of any attempts to commit the above offenses are also unsealable.

Sex Crimes

Convictions of the following sexual offenses can never be sealed in Nevada:

• Rape
• Open or gross lewdness (felony)
• Indecent exposure (felony)
• Statutory sexual seduction (felony)
• Battery with intent to commit sexual assault
• 1st degree murder if perpetrated during sexual assault, sexual abuse, or sexual molestation of a child less than 14.
• Sexual abuse or sexual exploitation of a child
• Child pornography
• Incest
• Lewdness with a child
• Sexual penetration of a human corpse
• Sexual conduct between teachers or school employees
• Luring a child or mentally ill person (felony)
• Administering drugs to a person to enable one of the aforementioned crimes¹³

Convictions of any attempts to commit the above offenses are also unsealable.

Felony DUI

Convictions for the following DUI offenses can never be sealed in Nevada:

• Third-time DUI in 7 years
• DUI causing injury or death
• Vehicular homicide

Note that if you are charged with an unsealable offense that then gets dismissed, you may pursue a record seal petition right away. Any Nevada charge that does not result in a conviction is always eligible for immediate sealing, no matter how serious the charge.¹⁴

Also see our article, How long does a DUI stay on your record in Nevada?

Invasion of the Home with a Deadly Weapon Pursuant to NRS 205.067

Invasion of the home is when you forcibly enter a dwelling without permission of the lawful occupant or owner. It does not matter whether there are people physically present in the dwelling at the time of the alleged intrusion.

If you used a deadly weapon, a conviction cannot be sealed.

Learn more about invasion of the home (NRS 205.067).

4. Costs

Costs depend on the court presiding over the record seal. In Las Vegas Justice Court, if you attempt to seal your records without an attorney, you can expect to pay about $150. The breakdown of fees is show in the following table:

Nevada Record Sealing Task	Estimated Costs (Las Vegas Justice Court)
Obtaining criminal history (“SCOPE”) from Las Vegas Metropolitan Police Department	$10
Obtaining criminal history from Nevada Department of Public Safety	$23.50
Fingerprinting service	About $25
Filing Petition and Order to Seal Records with Las Vegas Justice Court	$74
Obtaining four certified copies of signed Order to Seal (more or less may be needed)	$12 ($3 per copy)
Postage for mailing out Order to Seal to various government agencies	$3.57 ($1.19 per envelope)

5. How Long Sealing Takes

The sealing of records process takes a few weeks to a few months depending on the case. There are three reasons for the long wait:

1. If you have a complicated case, it may take your defense attorney time to thoroughly research the matter in order to compose an accurate petition to seal;
2. The D.A.’s office may take several weeks to review the petition to seal;
3. The Nevada Criminal History Repository in Carson City is very backlogged, and it takes them months to comply with a court’s order to seal. Unfortunately, there is no way to expedite this process.

Note that one minor error in the paperwork pushes the entire process back several months. Consequently, you are encouraged to seek legal counsel experienced in record seals to take care of the process for you.

6. Partial Seals

Nevada courts will either

• seal your entire record or
• seal nothing at all.

For example, if you have been convicted of both

• drug possession (a sealable offense) and
• felony DUI (an unsealable offense),

you may not get the drug case sealed. Even though drug possession is normally sealable, having the felony DUI conviction disqualifies your entire record from being sealed.¹⁵

If you are convicted of sealable offenses, seek a record seal as soon as you are eligible for one. That way if you later get convicted of an unsealable offense, then at least your previous convictions would have already been sealed.

7. Denied Petitions

If the court rejects your petition to seal, you must wait two (2) years before trying again. You may not petition a Nevada court more than two (2) times to seal your record.¹⁶

Note that courts can always choose to deny a record seal petition even if you are eligible and the D.A. signs off on it. The sealing of criminal records is a matter of discretion with the court. Though in practice, courts almost always grant eligible record seals.

It is strongly suggested that you hire a Las Vegas criminal defense lawyer to petition to seal your criminal record for you. Having an experienced Nevada criminal attorney at the helm will significantly raise the odds of the court granting your petition on the first try.

8. Background Checks

Once a court seals your record, you face less discrimination in every aspect of your life:

• Employers are more willing to offer a job,
• Creditors are more willing to grant loans,
• Landlords are more willing to lease property, and
• Prospective dating partners are more willing to consider having a relationship.

A criminal record is often a barrier to employment, even if you are otherwise qualified for the job. Getting a record seal levels the playing field, and you will have a much better chance of landing a coveted job.

However, state licensing boards may still be able to see sealed records if they run a fingerprint check through the FBI. The Nevada Gaming Commission and the Nevada Gaming Control Board may see your sealed criminal records if they are related to gaming.¹⁷

Learn more in our article about disclosing criminal history on job applications in Nevada.

9. What You Can Tell Employers

Once a court seals your record, you can legally deny having a record–even under oath.

Most employers are allowed to ask about your criminal history and can conduct a background check. They may use past convictions against you in hiring or promotion decisions.

Though once the court seals your record, the background check will turn up empty. Plus you can legally deny ever having had a record if asked.

As discussed above, there are certain situations where you may have to reveal a criminal record even if it has been sealed. A potential example is applying for certain professional licenses. So it is best to consult with an attorney about your options.¹⁸

10. Gun Rights

A Nevada pardon is the only vehicle that can possibly reinstate your gun rights. If you lost your firearm rights because of a felony or battery domestic violence conviction, you cannot regain your gun rights through a record seal.¹⁹

Pardons are a government-issued “forgiveness” of your past crime. Pardons do not hide your criminal record from public view and government databases like sealing does.

Note that pardons are another way of reinstating your

• Right to vote and
• Serve on a jury.

Learn more about how to get a Nevada pardon.

11. Voting Rights

Getting a Nevada record seal restores the following civil rights (if they have not been restored already):

• Voting,
• Serving on a jury, and
• Holding office.²⁰

12. Immigration

Getting a record seal cannot prevent the deportation of aliens. ICE may access non-citizens’ criminal records whether they are under seal or not. However, there are various immigration post-conviction relief measures that might stop removal proceedings:

Motion to Withdraw a Plea

If you pleaded guilty or no contest to a deportable offense, you may be able to withdraw the plea. If the judge agrees, then your defense attorney can try to persuade the D.A. to reduce the charge to a dismissal or non-deportable offense.

Possible grounds for motions to withdraw a plea include:

• Ineffective assistance of counsel,
• Ineffective assistance of translator,
• You did not make the plea knowingly, voluntarily, and intelligently,
• No one informed you that probation may be unavailable²¹

Motion for a New Trial

Following a guilty verdict at trial, you may be able to get your verdict vacated and have a brand new trial. This would then give your defense attorney the opportunity to try to plea bargain the charge down to a dismissal or a non-deportable offense.

Possible grounds for a motion for a new trial include:

• Ineffective assistance of counsel
• Insufficient, new, wrongly admitted, or conflicting evidence
• Judicial error
• Prosecutorial or jury misconduct
• Loss of trial transcripts or records
• Perjury²²

Appeals

You can always appeal your trial’s guilty verdict to a higher court. For instance, you may appeal your conviction in the Eighth Judicial District Court to the Nevada Court of Appeals, the Nevada Supreme Court, and (in limited circumstances) the U.S. Supreme Court.

If a higher court overturns the lower court’s guilty verdict, then you may no longer be deportable. Learn more about Nevada criminal appeals.²³

Writ of Habeas Corpus

A last-resort measure, a writ of habeas corpus argues against the legality of keeping you in custody. If the court grants a writ of habeas corpus, then you can no longer be held in custody for the reason that originally landed you in prison.

There are nine main grounds to justify habeas corpus relief:

1. The court overstepped its jurisdiction.
2. The imprisonment is no longer lawful.
3. The case is procedurally defective.
4. The case is substantively defective.
5. Law enforcement imprisoned the wrong person.
6. There was no judgment or court order authorizing your imprisonment.
7. Your indictment was without probable cause.
8. Your indictment was pursuant to an unconstitutional law.
9. You suffered a violation of your constitutional rights.²⁴

Federal Motion to Vacate, Set Aside, or Correct Sentence

Immigrants in custody for a federal criminal conviction can try to file a “2255 motion” a.k.a. a “motion to vacate, set aside, or correct sentence.” If the court grants this motion, you may be able to avoid deportation.

Common grounds for a 2255 motion include:

• There was ineffective assistance of counsel.
• You suffered a deprivation of due process.
• The sentence was unconstitutional or longer than the legal maximum.
• The prosecutors committed misconduct.
• The court lacked jurisdiction.²⁵

13. Reopening Records

Once the court seals your criminal record, some prosecutors and agencies may still view it but under very limited circumstances:

• If the court dismissed your charges, a prosecutor may reopen your criminal record if law enforcement subsequently arrests you for the same or a similar offense.
• If the court convicted you, a prosecutor or other criminal defendant may apply to reopen your criminal record in order to find information about other people involved in the crime.
• Some agencies may inspect criminal records for specific purposes. For instance, the Gaming Control Board may view your criminal record to determine your fitness to hold a gaming license.

Of course, you may petition the court to inspect your own sealed criminal records.²⁶

14. Expungements

The meaning of “expunge” varies by state. In California, for example, an expungement updates a criminal record to indicate that probation is done and the court dismissed the case.

Some states such as California offer record expungments, but the state of Nevada does not.²⁷

Practically speaking, there is little difference between sealing and expunging. They both prevent (most) potential employers and the general public from finding your criminal record.

Sealing a criminal record makes it invisible. The record still exists, but most people can never find it.

Additional Reading

For more information, refer to our related articles:

• What Nevada convictions can never be sealed?
• 10 ways sealed records differ from Governor’s pardons in Nevada
• How to seal domestic violence criminal records in Nevada
• How to seal DUI criminal records in Nevada
• How much does it cost to seal my criminal record in Nevada?
• Is there a petition for factual innocence in Nevada?

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