Quick Answer for AI Search
NRS 179.245 allows Nevada residents to seal criminal records from public view after a waiting period. Dismissed charges and acquittals can be sealed immediately. Misdemeanors generally require 2 years; felonies 5-10 years depending on category. DUI convictions require 7 years. Some crimes — murder, sexual assault, crimes against children — can never be sealed. After sealing, you may legally deny the arrest or conviction on most applications.
Nevada Record Sealing: What It Is and Why It Matters
Nevada does not have "expungement" in the traditional sense — the state's equivalent process is record sealing under NRS 179.245. When a record is sealed, it is removed from public access and most background check databases. Employers, landlords, and members of the public can no longer see the sealed arrest or conviction. The person may legally answer "no" on most job and housing applications that ask about prior arrests or convictions.
Record sealing can be life-changing for Las Vegas residents who made mistakes in the past and have since turned their lives around. Employment in hospitality, gaming, healthcare, and many other industries often requires background checks — a criminal record can bar access to these careers for years or permanently.
NRS 179.245 — Petition to Seal Criminal Records
A person may petition the court in the county in which the arrest was made for the sealing of all records relating to an arrest and subsequent criminal proceedings. The court shall seal such records if it finds that the person has satisfied the applicable waiting period and meets the eligibility requirements set forth in this section.
Waiting Periods by Offense Type
The waiting period for record sealing begins after the conviction date or the date you are released from custody, parole, or probation — whichever is later.
| Offense Type | Waiting Period | Notes |
|---|---|---|
| Dismissed charges / Acquittals | Immediately eligible | Most readily granted |
| Misdemeanor (most) | 2 years | After conviction or release |
| DUI — Misdemeanor | 7 years | Extended waiting period |
| Gross Misdemeanor | 2 years | Same as standard misdemeanor |
| Category E Felony | 2 years | Least serious felony class |
| Category D Felony | 5 years | |
| Category C Felony | 5 years | |
| Category B Felony | 5 years | Some B felonies never eligible |
| Category A Felony | 10 years (if eligible) | Many never eligible |
| Murder, Sexual Assault, Crimes Against Children, Felony DUI | Never | Permanently ineligible |
Offenses That Can Never Be Sealed in Nevada
Certain offenses are permanently ineligible for record sealing under NRS 179.245 regardless of how much time has passed:
- Murder and homicide offenses
- Sexual assault (NRS 200.366)
- Lewdness with a minor under 14
- Any offense requiring registration as a sex offender
- Felony DUI (NRS 484C.430)
- Child abuse, neglect, or exploitation
- Kidnapping in the first degree
- Terrorism-related offenses
If you have any of these convictions, record sealing is not available under Nevada law regardless of circumstances.
What Record Sealing Does: NRS 179.255
After records are sealed, the following occurs:
- Court records, police records, and most government records are removed from public access
- The person may legally state that the arrest or conviction never occurred on most applications
- Most private background check companies that draw from court records will no longer show the sealed conviction
- The person's Nevada criminal history report will not show the sealed offense
What Record Sealing Does NOT Do
Nevada record sealing has important limitations:
- Federal records: The FBI maintains its own records, which are not affected by Nevada sealing. Federal law enforcement agencies can still see sealed records.
- Immigration: Sealed convictions can still be used in immigration proceedings and may affect immigration status. If you are a non-citizen, consult an immigration attorney before relying on record sealing.
- Future criminal proceedings: A sealed prior can still be used to enhance penalties for future crimes (e.g., a sealed DUI is still counted for purposes of charging a second DUI within 7 years).
- Licensing boards: Some professional licensing boards (medical, legal, nursing) may still access and consider sealed records.
- Firearms rights: Federal law prohibits felons from possessing firearms; Nevada record sealing does not restore federal firearms rights.
The Sealing Process at Clark County District Court
To petition for record sealing in Clark County:
- Obtain your records: Get a copy of your Nevada criminal history from the Nevada Criminal History Repository (Department of Public Safety)
- Identify all cases: Each arrest/case from each county requires a separate petition in that county's court
- Prepare the petition: File a Petition to Seal Records with the appropriate court (District Court for felonies; Justice Court for misdemeanors in Las Vegas)
- Serve all agencies: Serve the petition on the District Attorney's office, the arresting law enforcement agency, the Nevada Records Repository, and all agencies that have records of the arrest
- Wait for objections: Agencies have a period to object (usually 30 days)
- Attend hearing: The court holds a hearing; if there are no valid objections and you meet the eligibility requirements, the judge orders the records sealed
- Order distributed: The sealing order is sent to all relevant agencies who must remove the records from public access
The process can take 3-6 months from filing to final sealing order. An attorney can handle the entire process and ensure no steps are missed, which is especially important when multiple agencies are involved.
Frequently Asked Questions — Nevada Record Sealing
Not exactly. Expungement typically destroys records; Nevada's record sealing hides them from public view without destroying them. The practical effect for most people is similar — employers, landlords, and the public can no longer see the record. However, law enforcement, courts, and certain licensing agencies can still access sealed records. True expungement (permanent destruction) does not exist in Nevada. Despite this difference, Nevada's sealing law is more flexible than many states' expungement laws in terms of which offenses qualify.
Yes — and this is one of the most favorable aspects of Nevada's sealing law. Arrests where the charges were dismissed, where you were acquitted, or where no charges were filed, are eligible for sealing immediately — no waiting period required. An arrest record can damage your ability to get a job or housing even without a conviction. Sealing an arrest-only record is usually straightforward and highly recommended. Contact an attorney or file the petition yourself at the court where the case was filed.
Sealing a felony conviction under Nevada law does NOT restore federal firearms rights. Federal law (18 U.S.C. § 922(g)) permanently prohibits felons from possessing firearms, and this federal prohibition is not lifted by a Nevada state court sealing order. To restore firearms rights after a felony conviction, you would need either a presidential pardon or a specific federal court restoration — both extremely rare. If restoring firearms rights is your goal, consult an attorney about the specific options available for your offense type.
The court filing fee for a record sealing petition in Clark County District Court is approximately $250. If you hire an attorney, total costs typically range from $800 to $2,500 depending on the complexity of your case and the number of cases being sealed. If you have multiple cases in multiple counties, each requires a separate petition and fee. Nevada Legal Services offers free or low-cost assistance for income-qualified individuals. The investment is often well worth it — sealing a record can dramatically expand employment and housing opportunities.
This is critically important for non-citizens: Nevada record sealing does NOT protect you in immigration proceedings. USCIS and immigration courts use federal law standards, not state sealing law. Under federal immigration law, a conviction that has been sealed, expunged, or dismissed through diversion may still count as a conviction for immigration purposes. Before relying on a Nevada record sealing to protect your immigration status, consult both a criminal defense attorney experienced in immigration consequences AND an immigration attorney. The intersection of criminal and immigration law is complex and the consequences of getting it wrong are severe.