Nevada has one of the best criminal record sealing laws in the country. After waiting periods are met, most criminal records can be sealed (see waiting periods below). Criminal record sealing in Nevada typically takes about 4 to 6 months. 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.)
If You Were Not Convicted of a Crime
If you were arrested but the charges against you were dismissed or you were acquitted, you may petition to have the arrest record sealed. (Nevada Revised Statutes § 179.255.)
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.)
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.)
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.)
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.)
You were convicted of possession of a controlled substance not for purposes of sale. You may petition to have your record sealed after waiting 3 years from the time you were sentenced. (Nevada Revised Statutes § 453.3365.)
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. You must wait at least 2 years from the date you are released from custody or discharged from probation or parole, whichever happens later.
• Gross misdemeanors. You must wait at least 7 years from the date you are released from custody or discharged from probation or parole, whichever happens later.
• Category E felonies. You must wait at least 7 years from the date you are released from custody or discharged from probation or parole, whichever happens later.
• Category C or D felonies. You must wait at least 12 years from the date you are released from custody or discharged from parole or probation, whichever happens later.
• Category A or B felonies. You must wait at least 15 years from the date you are released from custody or discharged from parole or probation, whichever happens later.
Records for sexual offenses or offenses against children may not be sealed.
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 Nevada criminal history record.
Getting Legal Help
Cleaning up a criminal record can be complicated. 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. In addition, assistance is provided by the Legal Aid Center of Southern Nevada.
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