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Seal & Expunge Nevada Criminal Records

Las Vegas, Clark County Criminal Defense Lawyers

Our Las Vegas Nevada criminal defense attorneys help clients to seal criminal records of Nevada convictions. The process, outlined in NRS 179.245, involves filing a petition to seal the Nevada criminal records. A hearing then takes place in court to determine whether the petition is granted. If successful, the record sealing can be quite valuable in helping one gain employment and other benefits.

Waiting Period to Seal Nevada Criminal Records

Before sealing Nevada criminal records, the person must wait a certain time period based on the nature of the conviction. This time period begins to run from the date the person is either (1) released from Nevada custody, (2) discharged from Nevada parole or probation, or (3) no longer under a misdemeanor suspended sentence, whichever is later. The specific time periods are:

• For a standard misdemeanor, one must wait 2 years before he or she can seal the Nevada criminal record.



• For a gross misdemeanor, one must wait 7 years before he or she can seal the Nevada criminal record.



• For a category E felony, one must wait 7 years before he or she can seal the Nevada criminal record.



• For a category C or D felony, one must wait 12 years before he or she can seal the Nevada criminal record.



• For a category A or B felony, one must wait 15 years before he or she can seal the Nevada criminal record.



• If the conviction was for a crime against a child or a sexual offense, the Nevada criminal records cannot be sealed.

During any of these waiting periods, the person must have maintained a clean criminal record. In other words, he or she cannot have been charged with a criminal offense for which proceedings are still pending, or suffered any criminal conviction. Minor traffic tickets do not count.

Process for Sealing Nevada Criminal Records

A petition seeking to seal the criminal record of the relevant Nevada conviction must be filed with the court. The petition must be accompanied by certified records of the person's criminal history from both the Central Repository for Nevada Records of Criminal History and the local law enforcement agency where the conviction happened.

The court then notifies the relevant law enforcement agency and Nevada prosecutor of the petition. The district attorney and anyone having pertinent evidence may speak at the hearing either in favor of, or against, granting the petition.

What Happens if the Petition to Seal the Nevada Criminal Record is Successful?

In this case, the court can order the sealing of all criminal records in its possession, or the criminal records in the possession of any other Nevada court, any law enforcement agency, and any private person or company.

Contact Our Nevada Office at 702-380-4895.