Sealing NV Criminal History Records (2024)

Court Permitted to Order the Sealing of Criminal Records

Nevada Revised Statutes permits courts to order the sealing of criminal records if certain conditions are met and the court is satisfied that the subject has been rehabilitated. The word “sealing” is used to describe a procedure whereby a record is physically removed from a record system and its dissemination is substantially or altogether restricted. Sealing of records prohibits access to criminal record information except to employees of the Repository for record management purposes, a party or agency for an authorized search as provided for in Nevada Revised Statutes or a party authorized pursuant to a court order.

See Also
What is the

    Waiting Period

      The waiting period for sealing criminal records varies. Some arrests, such as sexual offenses can not be sealed. For specific information, please review the following statutes.

        Statute and statute description table

        Statute

        Statute Description

        179.245

        Sealing records after conviction

        179.255

        Sealing records after dismissal or acquittal

        179.275

        Orders for sealing records - distribution, compliance

        179.285

        Order sealing records - Restoration of Civil Rights

        179.295

        Reopening sealed records

        179.301

        Inspection of sealed records by certain agencies

        179A.160

        Removal of records where case disposition is favorable to accused

        193.130

        Punishment of felonies

        193.140

        Punishment of gross misdemeanors

        193.150

        Punishment of misdemeanors

        453.3365

        Sealing of records of persons convicted of possession of controlled substance not for the purpose of sale

        484.379

        Sealing of non-felony DUI arrests in conjunction with NRS 179.245

        202.360Ownership or possession of firearm by certain persons prohibited; penalties.

          Procedures for Sealing Nevada Criminal History Records

            The procedures for sealing Nevada criminal history records vary from county to county. To petition a court to seal your criminal history record, contact the court in the jurisdiction where the arrest occurred. To facilitate completing the court forms, obtain a copy of your Nevada criminal history record.

              Individual Requests to Seal Records

              By statute, an individual may request that a court seal records of arrest, criminal conviction, acquittal, or dismissal. The purpose of this information, which includes sample forms, is to identify the law and theprosecutors' procedures for utilizing the stipulation process when petitioning a court to seal records of arrest, conviction, acquittal, or dismissal.

                For clarification purposes, an order sealing records is not an expungement of records, which allows for the destruction of the records. Rather, an order sealing records removes the records from general information sources but does not authorize their destruction. In fact, a record sealed pursuant to statute may later be used in certain circ*mstances. (See NRS 179.295 and 179.301).

                  Additionally, although the entry of an order by a court requires that certain criminal justice agencies located outside the State of Nevada are to comply with its direction, these agencies are not bound to follow this order. Therefore, it is possible that these records will not be removed from their record entry systems.

                    How long does it take to seal criminal records?

                      The process can take any where from 2 to 4 months to complete and depends on accuracy of all the information on the Court Order.

                        Sealing NV Criminal History Records (2024)

                        FAQs

                        What is the difference between expungement and sealing in Nevada? ›

                        Individual Requests to Seal Records

                        For clarification purposes, an order sealing records is not an expungement of records, which allows for the destruction of the records. Rather, an order sealing records removes the records from general information sources but does not authorize their destruction.

                        What two crimes once committed can never be sealed in Nevada? ›

                        A person may not petition the court to seal records relating to a conviction of: (a) A crime against a child; (b) A sexual offense; (c) A violation of NRS 484C.

                        What is the Second Chance Act in Nevada? ›

                        The new law, referred to by its sponsor as the Nevada Second Chance Act, requires the person convicted of the offense to send a written request to the court which originally convicted them, requesting the sealing. If the prosecuting attorney has no objections to the sealing, the court will grant the request.

                        What crimes Cannot be expunged in Nevada? ›

                        Nevada Crimes that Can't be Sealed Include Crimes Against Children, Sex Crimes, and. Felony Drunk Driving.

                        How much does it cost to seal a criminal record in Nevada? ›

                        Approximately $30 for fingerprinting. $27.00 for obtaining your criminal history from the Nevada Department of Public Safety. $74-$270 for various court filing fees, and this could be more depending on the jurisdiction.

                        What is the hardest crime to prove? ›

                        White collar crimes like fraud and embezzlement might be more difficult to defend than others. This is because these crimes are generally investigated in great detail, which means there will be a lot of evidence to sort through. Because the evidence is purely financial, it is often difficult for jurors to comprehend.

                        Can I buy a gun with a sealed record in Nevada? ›

                        However, it is important to note that in certain cases, having any other criminal charges or pending charges may disqualify you from being eligible for record sealing. But having a record sealed does not restore your gun rights.

                        Do felonies go away in Nevada? ›

                        The simple answer to that question is NO. Nevada does not expunge criminal records but does allow for a process to have criminal records sealed. Many people use the terms interchangeably, however there are legal differences between expungement and sealing, however, the net effects are roughly the same.

                        How far back does a criminal background check go in Nevada? ›

                        How Far Back Does an Employment Background Check Go in Nevada. As with most states in the nation, the lookback period for background checks in Nevada is seven years. This is in accordance with the federal FCRA legislature. There are some instances in which a background record can look back on the past seven years.

                        Who can see sealed records in Nevada? ›

                        Can Anyone See Your Sealed Records? In Nevada, the only parties able to see your sealed criminal record are certain state agencies/actors such as a prosecuting attorney in limited circ*mstances.

                        How long do arrests stay on your record in Nevada? ›

                        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.

                        What is Nevada's Romeo and Juliet law? ›

                        Nevada's Romeo and Juliet Exception

                        This close-in-age exception allows teens aged 14 and older to have consensual sex with teenagers who are less than four years older than they are. For example, an otherwise consensual sexual encounter between an 18-year-old and a 14-year-old is a crime.

                        Can a felon get gun rights back in Nevada? ›

                        If a person is convicted of a felony in any jurisdiction within the United States, his or her right to possess, control or own a firearm in Nevada is forfeited unless he or she obtains a pardon that specifically restores that right.

                        How long do you have to wait to seal your record in Nevada? ›

                        Waiting Periods for the Criminal Record Sealing Process

                        Acquitted Cases or Cases Dismissed – Immediately. Most Misdemeanors– 1 Year. Gross Misdemeanor, Category E Felony, Misdemeanor Battery, Stalking, Harassment, and Violation of Protection Order– 2 Years. Category B, C, D Felonies– 5 Years.

                        Who is eligible for record sealing in Nevada? ›

                        Sealing Nevada Criminal History Records

                        If you were convicted of a felony and 15 years or more have elapsed from the date of your conviction (or release from actual custody if imprisoned), you may petition the court in which the conviction was obtained for the sealing of all records relating to the conviction.

                        What felonies can be expunged in Nevada? ›

                        Nevada law does not allow for expungement of any kind of record. You can, however, seal your record for most adult charges, except sex crimes and most crimes with children.

                        How long does a misdemeanor stay on your record in Nevada? ›

                        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.

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