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 is hidden from public view. For legal purposes, it is as though the events described within the sealed record never occurred and, in most cases, you may say that you were not arrested or convicted of a crime. (Nevada Revised Statutes § 179.285 (2019).)

Expungement in Nevada if You Were Not Convicted of a Crime

If you were arrested but the charges against you were dismissed, prosecutors declined to file charges against you, or you were acquitted, you may petition to have the arrest record sealed.

If the charges against you were dismissed or you were acquitted, you may file the petition at any time. If the prosecution 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.

(Nevada Revised Statutes § 179.255 (2019).)

Expungement in Nevada if You Were Convicted of a Crime

You have completed probation. After successfully completing court-ordered probation, you may petition to have the related criminal records sealed. (Nevada Revised Statutes § 176A.265 (2019).)

You completed a reentry program. If you have completed a program of reentry, you may petition to have the related criminal records sealed. Sex offenses and offenses against children do not qualify. (Nevada Revised Statutes § 179.259 (2019).)

Your conviction was set aside. If your criminal conviction was set aside you may, at any time after the set aside, petition to have the related records sealed. (Nevada Revised Statutes § 179.255 (2019).)

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. (Nevada Revised Statutes § 458.330 (2019).)

You were convicted of possession of a controlled substance not for purposes of sale. You may petition to have your record sealed after waiting three years from the time you were sentenced. (Nevada Revised Statutes § 453.3365 (2019).)

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.

(Nevada Revised Statutes § 179.247 (2019).)

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, no longer under a suspended sentence, or discharged from probation or parole, whichever happens later.
• Category E felonies. You must wait at least two years from the date you are released from custody or discharged from probation or parole, whichever happens later.
• Category B, C, or D felonies. You must wait at least seven years from the date you are 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 are 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.

(Nevada Revised Statutes § 179.245 (2019).)

How to File

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 is 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 are not sure whether your record qualifies for sealing in Nevada—or for advice about your personal situation—you should contact a qualified criminal law attorney. A good lawyer can guide you each step of the way.