Record Sealing — Nevada

Sealing a Nevada Record, Step by Step

By Frank Stucki, Esq., MBA·
Quick Answer

Sealing a Nevada conviction usually means waiting out the statutory period, getting your verified criminal history from the state's Central Repository, and petitioning the court that convicted you. If you meet the requirements, Nevada law presumes your records should be sealed.

Our FAQ, "Can I seal my criminal record in Nevada?", covers whether sealing is possible. This guide covers how it actually works, start to finish, for someone with a Clark County case. Every case is different, so treat this as a map, not a substitute for advice.

Step 1: Which court handled your case?

You petition the court where you were convicted (NRS 179.245). In Clark County, that could be Las Vegas Justice Court, Las Vegas Municipal Court, Henderson or North Las Vegas municipal court, or Clark County District Court for most felonies. If you have cases in more than one court, each may need its own petition.

Step 2: Has enough time passed?

The clock usually runs from release from custody or discharge from parole or probation, whichever is later (NRS 179.245):

Offense levelWaiting period
Category A felony, crime of violence, residential burglary10 years
Category B, C or D felony5 years
Category E felony2 years
Gross misdemeanor2 years
Certain misdemeanor DUI and domestic battery offenses7 years
Misdemeanor battery, harassment, stalking, protection-order violation2 years
Other misdemeanors1 year

The statute has exceptions and cross-references, so confirm the exact category of your conviction.

Step 3: Is the offense eligible at all?

Some convictions can't be sealed under this statute. The list includes crimes against a child, sexual offenses, home invasion with a deadly weapon, felony DUI, and DUI causing death or substantial bodily harm, among others (NRS 179.245).

Step 4: What if the case was dismissed or never filed?

That's a different, often faster path. If charges were dismissed, or you were acquitted, you can petition that court at any time afterward. If the prosecutor declined to file, you can petition after the statute of limitations runs, 8 years after the arrest, or by stipulation (NRS 179.255).

Step 5: Get your verified criminal history

A conviction-sealing petition must include your current, verified records from the Central Repository for Nevada Records of Criminal History (NRS 179.245). The Central Repository is run by the Nevada Department of Public Safety; follow its current instructions for requesting your record. Order this early. It often takes the longest.

Step 6: Prepare the petition

The petition must identify the records to be sealed, including your date of birth, the specific conviction and the arrest date. It must also list any agency or company reasonably known to hold records of the conviction, since the sealing order will be directed to them (NRS 179.245).

Think beyond the court: the arresting agency, the jail, the prosecutor's office, and the state repository.

If you have several records to seal, Nevada has a procedure for sealing more than one at once (NRS 179.2595).

Step 7: Filing, notice and hearing

After filing, the court notifies the arresting agency and the prosecutor. The prosecutor and anyone with relevant evidence can testify at a hearing. If the prosecutor stipulates to sealing, the process can move faster (NRS 179.245).

If you meet all statutory requirements, there is a rebuttable presumption that your records should be sealed. That presumption doesn't apply if you received a dishonorable discharge from probation (NRS 179.2445).

Step 8: The order, and what it does

Once sealed, the proceedings are deemed never to have occurred, and you may answer accordingly to inquiries, including on job applications. Certain civil rights are restored if they weren't already (NRS 179.285).

There are exceptions. In Las Vegas, the important one is gaming: the Gaming Control Board and Gaming Commission can inspect certain sealed records related to gaming when evaluating a license or gaming employee registration (NRS 179.301).

Make sure the order is sent to every agency on your list. Then check your record again a few months later.

FAQ
Free Case Review

Free case review — 702.702.BORN

Start My Free Review

New clients can also get a free simple will through our sister firm, Signature Law (signature.law).

This article is general information, not legal advice. Reading it does not create an attorney-client relationship.

Frank Stucki, Las Vegas trial lawyer
About the Author

Frank Stucki, Esq., MBA

Born and raised in Las Vegas. Trial lawyer for the seriously injured. Frank is licensed in California, Nevada, Washington and Utah; cases in other states are handled with local co-counsel licensed there.

Frank's full story