facebook twitter 702-623-6362

criminal record seal in NVCleaning up a criminal record can involve some time, research, paperwork, and fees, and the process may be different from one county to another.

But if you’re able to get your record sealed, you’ll be able to move on with your life with confidence, and your record will be treated as if your arrest and conviction never occurred.

What Does Not Qualify

Felony DUI, sex offenses and offenses against children do not qualify for record sealing (Nevada Revised Statutes (NRS) § 179.259 (2019). However, this does not include any crime against a child, at least not under a plain language understanding. Crimes against a child includes a specific list under NRS 179D.0357, which defines crimes against a child as kidnapping, false imprisonment, and sex trafficking involving a victim who is under the age of 18 at the time of the offense. People convicted of crimes of misdemeanor child abuse or child neglect may be eligible to have their record sealed.

Waiting Periods Must Apply

Another significant requirement to getting a misdemeanor or felony record sealed is the waiting period.  These periods vary widely, and should be verified. Generally, in Nevada, the following periods apply:

  • Misdemeanors other than gross demeanors and EXCEPT misdemeanor battery, harassment, stalking, or violations of temporary / extended orders for protection: You must wait at least one year. From the date you are released from custody (or no longer under a suspended sentence).
  • Gross misdemeanors, misdemeanor battery, harassment, stalking, or violations of temporary / extended orders for protection: You must wait two years from the date you are released from custody, no longer under a suspended sentence, or from when you are discharged from probation or parole.
  • Category E felonies: You must wait two years from the date you are released from custody, or from when you are discharged from probation or parole.
  • Category B, C or D felonies: You must wait at least seven years from the date you are released from custody, or from when you are discharged from probation or parole.
  • Category A felonies, administering a controlled substance to aid in the commission of a violent crime, or burglary: You must wait at least ten years from the date you are released from custody, or from when you are discharged from probation or parole.

Note: If you are looking to get a record sealed for an arrest without conviction, a dismissal or acquittal, there is no waiting period.

Getting Started

If the waiting period has passed since your conviction, the Nevada Department of Public Safety Records, Communications and Compliance Division is a good place to start if you are looking to get your records sealed.  It is a good idea to have a copy of your Nevada criminal history record so that you can properly fill out your forms. Then you can check the jurisdiction for the specific requirements. Each county may have different procedures for sealing a criminal record. To avoid delays, make sure you meet all requirements and follow procedures exactly.

If you need assistance or guidance about getting your criminal record sealed, contact LV Criminal Defense Lawyers at 702-623-6362.