How to Seal a Criminal Record in Nevada (2026): NRS 179.245 Step-by-Step

By John Quigley · NevadaAttorneyFinder.com · Updated May 10, 2026

This article is for informational purposes only and does not constitute legal advice. NevadaAttorneyFinder is a directory, not a law firm.

A criminal record in Nevada follows you for the rest of your life unless you take affirmative steps to have it sealed. An old conviction — even a misdemeanor from a decade ago — can show up on a background check and cost you a job, a professional license, an apartment, or even custody of your children. Nevada law provides a path to sealing most criminal records under NRS 179.245, but the process is technical and the rules vary dramatically depending on the type of offense, the time that has passed, and whether the case ended in a conviction or a dismissal. This guide walks you through every step.

Sealing vs. Expungement: Why the Distinction Matters in Nevada

Many people use the words "sealing" and "expungement" interchangeably, but in Nevada they are not the same thing. Nevada does not actually have a true expungement statute — instead, the state allows you to seal records under NRS 179.245 (for convictions) and NRS 179.255 (for arrests that did not lead to conviction).

The practical difference: an expungement, in states that have it, treats a record as though it never existed and physically destroys it. A Nevada sealing order, by contrast, removes the record from public access but the record still exists in a non-public file. Certain agencies — gaming control boards, law-enforcement hiring authorities, education licensing boards, and federal agencies — can still see a sealed record in narrow circumstances. For ordinary employers, landlords, and the general public, however, a sealed record is invisible. Under NRS 179.285, you may legally answer "no" when asked on most applications whether you have been arrested or convicted of the sealed offense.

What Records Can You Seal Under NRS 179.245?

Nevada's record-sealing statute is broad. With the exceptions listed below, you can seal:

• Misdemeanor convictions (including minor traffic-related offenses other than DUI)
• Gross misdemeanor convictions
• Most felony convictions, including category A through E felonies
• Cases that ended in dismissal, acquittal, or a decline-to-prosecute decision (under NRS 179.255 — no waiting period)
• Records from drug court, mental health court, and other specialty-court diversions

The most common Las Vegas-area cases sealed each year are misdemeanor petty theft, misdemeanor battery (non-domestic), possession of a controlled substance (post-diversion), trespass, disturbing the peace, and various property-related felonies after the applicable waiting period has expired.

What Cannot Be Sealed in Nevada

Under NRS 179.245(6), the following offenses are permanently excluded from sealing in Nevada:

• DUI convictions — including misdemeanor DUI, felony DUI, and DUI causing substantial bodily harm or death
• Felony sexual offenses as defined in NRS 179D.097 (including sexual assault, lewdness with a minor, and a wide range of related offenses)
• Crimes against children as defined in NRS 179D.0357
• Felony vehicular homicide under NRS 484C.430
• Convictions resulting in a sentence of life imprisonment

The DUI exclusion is particularly harsh. Even a 20-year-old misdemeanor first-offense DUI cannot be sealed under current Nevada law. The only DUI-related records that can be sealed are arrests or charges that were dismissed — for example, if your case was reduced to a "wet reckless" plea under NRS 484B.653 with the original DUI count dismissed, the dismissed DUI count can be sealed, but the wet reckless conviction itself remains a misdemeanor on your record (though it can be sealed after one year).

Waiting Periods by Offense Category (NRS 179.245)

Nevada uses a sliding scale of waiting periods that begin running once your case is "closed" — meaning the date you were released from custody, discharged from probation or parole, or the date of dismissal:

• 10 years — Category A felonies (e.g., murder-adjacent offenses where eligible) and category B felonies (e.g., burglary, robbery, certain drug trafficking)
• 5 years — Category C felonies (e.g., grand larceny over $3,500, certain forgery offenses) and category D felonies (e.g., possession of a controlled substance, lower-level grand larceny)
• 2 years — Category E felonies (e.g., simple drug possession, certain low-level property crimes) and gross misdemeanors
• 1 year — Most misdemeanor convictions
• No waiting period — Dismissals, acquittals, and decline-to-prosecute decisions under NRS 179.255

An important nuance: if you have multiple convictions, the waiting period for sealing all of them runs from the date of your most recent case closure. So a person with a 2010 misdemeanor and a 2024 misdemeanor must wait until 2025 (one year after the 2024 case) before seeking to seal either record. This is a frequent source of denied petitions.

The 7-Step Process for Sealing a Record in Nevada

Step 1: Confirm Your Offense Is Eligible

Pull your judgment of conviction and compare the offense to the exclusion list in NRS 179.245(6). If the conviction is a DUI, a sex offense, or a crime against a child, sealing is not available. If the offense is not on the exclusion list, move to step two.

Step 2: Verify the Waiting Period Has Run

Calculate the date your case was "closed" — typically the date you were released from custody, completed probation, or completed parole. Add the applicable waiting period from the schedule above. If you have multiple cases, the waiting period restarts from the most recent case closure date.

Step 3: Obtain Certified Records

You will need three documents:

• A certified copy of the judgment of conviction (or order of dismissal) from the court that handled the original case — typically the Las Vegas Justice Court, Henderson Justice Court, North Las Vegas Justice Court, or Clark County District Court
• A current Nevada criminal history report — request a "Civil Applicant" record from the Nevada Department of Public Safety, Records, Communications & Compliance Division
• An FBI Identity History Summary (optional but often helpful, especially for cases with federal connections)

Step 4: Prepare the Petition to Seal

The petition is a packet of documents that must be filed in the same court that handled the original case. It typically includes:

• A Petition to Seal Records (with case caption matching the original case number)
• A sworn affidavit by the petitioner
• The certified judgment of conviction
• The Nevada criminal history report
• A Proposed Order Sealing Records (which the judge will sign if granted)
• Notice of Petition to be served on the District Attorney

Step 5: Serve the District Attorney

The petition must be served on the prosecuting authority — for Las Vegas cases, this is the Clark County District Attorney's office (or the City Attorney for municipal misdemeanor cases). The DA has 21 days to file an objection. In practice, the Clark County DA reviews each petition and only objects when the petitioner is statutorily ineligible or has new charges pending.

Step 6: Attend the Hearing If Required

If the DA does not object and the petition is procedurally complete, many Nevada judges grant sealing without a hearing. If the DA does object, or if the judge requests a hearing, you (or your attorney) will appear and present evidence supporting sealing — including evidence of rehabilitation, employment, community ties, and absence of subsequent criminal conduct.

Step 7: Distribute the Signed Sealing Order

Once a judge signs the sealing order, the order does not automatically reach all the agencies that hold your record. You (or your attorney) must serve certified copies on each of the following:

• The Nevada Department of Public Safety (Records, Communications & Compliance Division)
• The Las Vegas Metropolitan Police Department records bureau (or the equivalent local law-enforcement agency)
• The court clerk where the case was filed
• The FBI / NCIC (so the federal database is also sealed)
• Any other agency that holds the record (for example, the Nevada DMV if a traffic-related offense)

Until each agency has been served and processes the order — typically 60 to 90 days — your record may still appear on background checks. Distribution is the step most often skipped by self-represented petitioners, and it is the step that determines whether your sealing order has any practical effect.

How Long Does the Process Take and What Does It Cost?

From the date a complete petition is filed in Clark County, a typical record sealing takes 60 to 120 days to be granted. Distribution to all agencies adds another 60 to 90 days before the record is fully scrubbed from background-check databases. Court filing fees vary by case type but generally range from $0 (no filing fee for sealing under NRS 179.245) to nominal certification costs of $25 to $75 for certified record copies.

Attorney fees for handling a Nevada record sealing typically range from $750 to $2,500 as a flat fee, depending on the complexity of the case (single misdemeanor vs. multi-count felony from multiple jurisdictions). Many Las Vegas criminal defense lawyers offer free consultations to assess eligibility before quoting a fee.

What Sealing a Record Does — and Does Not — Do

Once your sealing order is signed and distributed, the practical effects under NRS 179.285 include:

• You may legally answer "no" on most employment, housing, and credit applications when asked about arrests or convictions
• The case is removed from public-access court databases and police databases
• Most commercial background-check companies will no longer find the record
• Civil rights restored by sealing include the right to vote (already automatic in Nevada upon release) and the right to serve on a jury

Sealing does not:

• Restore federal firearm rights — that requires a separate restoration process
• Hide the record from gaming control boards, peace officer hiring authorities, or certain professional licensing boards (medical, legal, education)
• Prevent the record from being used as a prior in any future criminal case (sealed convictions can still be considered for sentencing enhancement)
• Apply to civil court records or public news coverage — those remain available unless separately addressed

Common Reasons Petitions Are Denied

Nevada district court judges deny record-sealing petitions every week. The most common reasons:

• Waiting period not run — counted from the wrong date, or restarted by a more recent case the petitioner forgot to include
• Pending charges — any open criminal case anywhere in any jurisdiction is grounds for denial
• Statutorily excluded offense — most often a DUI conviction the petitioner thought could be sealed after enough time
• Incomplete records — missing certified judgment, missing criminal history report, or missing service on the DA
• Failure to disclose all prior cases — the petition asks about all prior convictions, and judges deny petitions where the petitioner omitted cases that the DA's office discovered

When You Should Strongly Consider Hiring an Attorney

You can file a record-sealing petition without a lawyer, and many self-represented petitioners succeed when their case is straightforward — a single misdemeanor, the waiting period has clearly run, no other criminal history. The cases where an attorney is most valuable are:

• Multiple convictions across different jurisdictions (Las Vegas, Henderson, North Las Vegas, federal)
• Prior cases that were diverted, deferred, or stayed — calculating the closure date is complex
• Felony convictions, especially category B or category C with longer waiting periods
• Cases where the District Attorney has indicated it will object
• Time-sensitive sealings tied to a specific job offer, professional license application, or immigration matter

A denied petition can be re-filed only after a one-year waiting period under NRS 179.245(8), so the consequences of a procedural mistake are real.

Frequently Asked Questions