Sealing Your Criminal Record in Nevada: Who Qualifies and How Long It Takes
A past arrest or conviction can follow you everywhere. Background checks for jobs, housing applications, and professional licenses can surface old records and close doors before you even get a chance to explain yourself. So what can you do about it? Nevada law gives many people the option to seal their criminal records. Once a record is sealed, it is removed from public view and, under Nevada law, the proceedings are considered never to have occurred.
Sealing a record is not automatic, though. You have to file a petition with the court, and the process involves multiple steps.
Who Is Eligible Under Nevada Law?
Eligibility depends on the type of offense and how much time has passed since you completed your sentence. Here is a general breakdown of the waiting periods under NRS 179.245:
- Category A felony, crime of violence, or residential burglary: 10 years from release from custody or discharge from parole or probation
- Category B, C, or D felony: 5 years from release from custody or discharge from parole or probation
- Category E felony: 2 years
- Gross misdemeanor: 2 years
- Standard misdemeanor: 1 year
- Dismissed charges or acquittals: no waiting period at all
The clock starts when your sentence is fully completed, meaning the date you were released from custody, discharged from parole or probation, or finished paying any required fines. If you have multiple cases, all of them generally need to meet the eligibility requirements before any of them can be sealed.
Some offenses cannot be sealed regardless of how much time has passed. These include certain crimes against children, most sexual offenses, felony DUI convictions, and home invasions involving a deadly weapon.
What Happens After You File a Petition?
Once you file your petition, the court notifies the prosecuting attorney, who has 30 days to respond. If there is no objection, the court may grant the petition without a hearing. If the prosecutor does object, a hearing is scheduled. In most cases, a rebuttable presumption in favor of sealing applies, which means the burden generally falls on the objecting party to show why the records should remain public.
After a successful petition, the public can no longer access your records. Your rights to vote, hold public office, and serve on a jury are also restored under NRS 179.285. Keep in mind that certain government agencies and professional licensing boards may still be able to access sealed records in limited circumstances.
Reach Out to Learn if You Qualify
Are you wondering whether your record is eligible and when you can file? At Lobo Law PLLC, our Las Vegas criminal defense attorneys are eager to discuss your situation. We are here to help you understand where you stand and what steps may be available to you. Contact us today to get started.
Source:
law.justia.com/codes/nevada/chapter-179/statute-179-245/
