Expunging or Sealing Adult Criminal Records in Nevada

In Nevada, your criminal record may be sealed under the circumstances described below. If your record is sealed, it's hidden from public view.

What Is Expungement or Sealing?

In general, an expunged criminal record is essentially erased. Nevada doesn't expunge criminal records, but it does seal them (when it's legally okay to do so). Sealing basically has the same effect as expunging: When a Nevada criminal record is sealed, no one other than certain state agencies (like the DA's office) can see it. This means the person won't have to disclose that they were arrested or convicted of a crime when someone like a landlord or employer asks about criminal history.

Who is Eligible for Expungement or Record Sealing in Nevada?

In most cases, people who were arrested or charged, but not convicted, can get their records sealed. And in many cases, sealing can happen even when someone was convicted.

Record Sealing in Nevada If You Were Not Convicted of a Crime

You can file a petition to have your record sealed if you were arrested and one of the following things happened:

• no charges were filed
• charges were filed but were dismissed, or
• you were acquitted.

If the charges against you were dismissed or you were acquitted, you can file the petition at any time. If instead, the prosecutor declined to charge you with a crime, you may apply to have your record sealed:

• at any time after the statute of limitations has run
• at least eight years after your arrest, or
• a date that the prosecution agrees to.

Record Sealing in Nevada If You Were Convicted of a Crime

Convictions can be sealed in several types of cases, though there might be a waiting period before someone can apply to have their records sealed. Listed below are some of the circumstances that allow for sealing as well as some that do not.

You have completed probation. After successfully completing court-ordered probation, you can petition to have the related criminal records sealed.

You completed a reentry program. If you've completed a program of reentry, you can petition to have the related criminal records sealed. But sex offenses and crimes against children can't be sealed, regardless of whether someone completes a reentry program.

Your conviction was set aside. If your criminal conviction was set aside you can petition to have the related records sealed at any time after the set-aside.

You completed a court-ordered drug or alcohol treatment program and your conviction was set aside. After you have successfully completed treatment, if the court sets aside your conviction, the court must also order that the related records be sealed.

You were convicted of possession of a controlled substance not for purposes of sale. You can petition to have your record sealed after waiting three years from the time you were sentenced.

You were convicted of a prostitution-related offense. You may petition to have your record sealed if:

• you were a victim of human trafficking or involuntary servitude and
• you are no longer the victim of human trafficking or involuntary servitude or have sought services for victims of human trafficking or involuntary servitude.

You were convicted of one of the crimes listed below. If you were convicted of any of the following crimes in Nevada, you may ask to have your record sealed after waiting the number of years given below.

• Misdemeanors (other than gross misdemeanors and the misdemeanors listed below). You must wait at least one year from the date you are released from custody or no longer under a suspended sentence, whichever happens later.
• Gross misdemeanors, misdemeanor battery, harassment, stalking, or violations of temporary or extended orders for protection. You must wait at least two years from the date you are released from custody, are no longer under a suspended sentence, or are discharged from probation or parole, whichever happens later.
• Category E felonies. You must wait at least two years from the date you're released from custody or discharged from probation or parole, whichever happens later.
• Category B, C, or D felonies. You must wait at least five years (or seven years for Medicaid fraud) from the date you're released from custody or discharged from parole or probation, whichever happens later.
• Non-felony DUI, non-felony domestic violence offenses, or Medicaid fraud. You must wait at least seven years from the date you were released from custody or no longer under a suspended sentence, whichever happens later.
• Category A felonies, administering a controlled substance to aid in the commission of a violent crime, or burglary. You must wait at least ten years from the date you're released from custody or discharged from parole or probation, whichever happens later.

Records for sexual offenses, crimes against children, and felony DUI convictions cannot be sealed.

How to File for Expungement or Record Sealing in Nevada

The procedures for sealing your criminal record in Nevada vary from county to county. For more information, contact the court in the county where the arrest occurred. Before you begin, it's a good idea to obtain a copy of your criminal history record from the Nevada Department of Public Safety.

Getting Legal Help

Cleaning up a criminal record can be complicated, and the law can change at any time. If you're not sure whether your record qualifies for sealing in Nevada—or for advice about your personal situation—you should contact a qualified criminal defense attorney. A good lawyer can guide you each step of the way.

(Nev. Rev. Stat. §§ 176A.265, 179.245, 179.247, 179.259, 179.255, 179.285, 453.3365 (2023).)