Question 1

Can you get a criminal record expunged in Nevada?

Accepted Answer

Nevada's main remedy is record sealing. Once a record is sealed, the proceedings are treated as never having occurred, but the records are not destroyed. Sealing is available for convictions after waiting periods, for dismissed, declined or acquitted cases, for offenses that have since been decriminalized, and after a pardon. State policy favors second chances, and the law presumes records should be sealed when the person meets the requirements. Juvenile records are sealed automatically at 18 in most cases. The State Board of Pardons Commissioners can grant pardons.

Question 2

Can you clear an arrest or dismissed charge in Nevada?

Accepted Answer

If charges were dismissed or the person was acquitted, the person may petition the court at any time afterward to seal all records of the arrest and proceedings. If the prosecutor declined to prosecute, the petition may be filed after the statute of limitations runs, 8 years after the arrest, or earlier if the parties agree. People whose convictions were set aside after a treatment program may also petition. Petitions must include current verified records from the Central Repository for Nevada Records of Criminal History.

Question 3

Can a misdemeanor be expunged in Nevada?

Accepted Answer

Misdemeanor records can be sealed 1 year after release from custody or the end of a suspended sentence, whichever is later. The wait is 2 years for misdemeanor battery, harassment, stalking or violating a protection order; 2 years for gross misdemeanors; and 7 years for misdemeanor DUI, misdemeanor domestic violence battery, and certain public-assistance fraud offenses. During the waiting period the person must not have been convicted of any offense (minor traffic violations excepted) and must have no pending charges. Records cannot be sealed for crimes against a child or sexual offenses.

Question 4

Can a felony be expunged in Nevada?

Accepted Answer

Most felonies can be sealed, with waiting periods counted from release from custody or discharge from parole or probation, whichever is later: 10 years for category A felonies, crimes of violence and residential burglary; 5 years for category B, C and D felonies; and 2 years for category E felonies. The person must have no convictions (other than minor traffic violations) and no pending charges during the period. Excluded: crimes against a child, sexual offenses, home invasion with a deadly weapon, felony DUI (with a limited exception for people who completed the statewide sobriety program), DUI causing death or substantial bodily harm, vehicular homicide involving intoxication, and certain felony boating-under-the-influence offenses.

Question 5

Does Nevada have automatic record clearing (clean slate)?

Accepted Answer

Limited. Juvenile records are sealed automatically within 60 days after the child turns 18, or after juvenile court jurisdiction ends. When the court and the Central Repository receive a certified copy of an unconditional pardon from the State Board of Pardons Commissioners, they must seal the pardoned records. Adult conviction, dismissal and acquittal records otherwise require a petition or request.

Question 6

Can a DUI be expunged in Nevada?

Accepted Answer

A misdemeanor DUI may be sealed 7 years after release from custody or the end of a suspended sentence. Felony DUI (third offense within the lookback period) generally cannot be sealed, except for people who received a lesser judgment because they completed the statewide sobriety and drug monitoring program. DUI causing death or substantial bodily harm, and homicide involving intoxicated driving, can never be sealed.

Question 7

How do you seal a juvenile record in Nevada?

Accepted Answer

All juvenile records are sealed automatically within 60 days after the child turns 18, or within 60 days after juvenile court or agency jurisdiction ends if it continues past 18. For adjudications for sexual assault, battery with intent to commit sexual assault, lewdness with a child, or violent felony-level acts that were not sealed before age 21, the records cannot be sealed until age 30, and then only by petition with no convictions since age 21 (other than minor traffic offenses). Juvenile courts can also expunge records in some cases. Once sealed or expunged, the proceedings are treated as never having occurred and the person may answer inquiries accordingly.

Question 8

How do you file for expungement in Nevada?

Accepted Answer

File a petition to seal records in the court where the person was convicted. If several courts are involved, one petition may be filed in district court. Attach current verified records from the Central Repository for Nevada Records of Criminal History, list the agencies believed to hold records, and identify the records. The court notifies the arresting agency and prosecutor. If the prosecutor agrees, the court seals the records. If the prosecutor neither agrees nor objects within 30 days, the court may seal without a hearing. If there is an objection, a hearing is held and the records are sealed unless the objecting party rebuts the presumption in favor of sealing. The Nevada Division of Parole and Probation says no attorney is required and many counties and cities post forms.

Question 9

How much does expungement cost in Nevada?

Accepted Answer

There is no statewide sealing filing fee in the statutes reviewed. Requests to seal decriminalized offenses and petitions to seal pardoned records are free, and no fee may be charged for sealing petitions by sex-trafficking victims. The Nevada courts' self-help center says each court sets its own filing fees and that fee waivers are available. Separate fees apply to the criminal history record that must be attached.

Question 10

What happens after a record is expunged or sealed in Nevada?

Accepted Answer

Once records are sealed, all proceedings are treated as never having occurred, and the person may answer any inquiry, including on job applications, accordingly. The person's rights to vote, hold office and serve on a jury are restored immediately, and the person receives documentation of this. Sealing does not restore the right to own firearms unless a pardon allows it. Sealed records are not destroyed and may be reopened or inspected in limited situations set by law, such as by prosecutors after a new similar arrest and by certain agencies.

Question 11

How do you get a pardon in Nevada?

Accepted Answer

Pardons are granted by the State Board of Pardons Commissioners, made up of the Governor, the Justices of the Nevada Supreme Court and the Attorney General. When the court and the Central Repository receive a certified unconditional pardon, they must seal the records. A pardoned person may also petition any convicting court to seal the records at no cost, and the court must grant the petition unless the charges differ from those pardoned. According to the Division of Parole and Probation, only a pardon can restore the right to bear arms.

Question 12

Can old marijuana convictions be cleared in Nevada?

Accepted Answer

Yes. By resolution, the State Board of Pardons Commissioners unconditionally pardoned everyone previously convicted in Nevada of possessing one ounce or less of marijuana, not for sale (including under NRS 453.336(4)); people may request pardon documents. Separately, anyone convicted of an offense that has since been decriminalized may make a free written request to the convicting court to seal the records. The court must grant it unless the prosecutor objects within 10 judicial days and shows good cause by clear and convincing evidence.

Question 13

How do I check my own criminal record in Nevada?

Accepted Answer

The Nevada Criminal History Repository (Department of Public Safety, Records, Communications and Compliance Division) provides your own Nevada record, or proof that none exists; only the subject of the record may request it. Complete the Identification File Request form DPS-006, include one original FD-258 fingerprint card with all ten prints, taken, dated and signed by a certified fingerprinting technician, and pay $27.00 per person by money order or certified check to the Nevada Department of Public Safety (no personal checks or cash). Mail the packet to Department of Public Safety, Records, Communications and Compliance Division, 333 West Nye Lane #100, Carson City, NV 89706. Allow about 45 days. No fee is charged to sex trafficking victims under NRS 179.245. The repository cannot provide FBI or other-state records.

What relief the state offers	Nevada's main remedy is record sealing. Once a record is sealed, the proceedings are treated as never having occurred, but the records are not destroyed. Sealing is available for convictions after waiting periods, for dismissed, declined or acquitted cases, for offenses that have since been decriminalized, and after a pardon. State policy favors second chances, and the law presumes records should be sealed when the person meets the requirements. Juvenile records are sealed automatically at 18 in most cases. The State Board of Pardons Commissioners can grant pardons. Source: NRS 179.2405, 179.2445, 179.245, 179.255, 179.271, 179.273, 179.285
Arrests and dismissed charges	If charges were dismissed or the person was acquitted, the person may petition the court at any time afterward to seal all records of the arrest and proceedings. If the prosecutor declined to prosecute, the petition may be filed after the statute of limitations runs, 8 years after the arrest, or earlier if the parties agree. People whose convictions were set aside after a treatment program may also petition. Petitions must include current verified records from the Central Repository for Nevada Records of Criminal History. Source: NRS 179.255
Misdemeanor convictions	Misdemeanor records can be sealed 1 year after release from custody or the end of a suspended sentence, whichever is later. The wait is 2 years for misdemeanor battery, harassment, stalking or violating a protection order; 2 years for gross misdemeanors; and 7 years for misdemeanor DUI, misdemeanor domestic violence battery, and certain public-assistance fraud offenses. During the waiting period the person must not have been convicted of any offense (minor traffic violations excepted) and must have no pending charges. Records cannot be sealed for crimes against a child or sexual offenses. Source: NRS 179.245(1), (5), (6)
Felony convictions	Most felonies can be sealed, with waiting periods counted from release from custody or discharge from parole or probation, whichever is later: 10 years for category A felonies, crimes of violence and residential burglary; 5 years for category B, C and D felonies; and 2 years for category E felonies. The person must have no convictions (other than minor traffic violations) and no pending charges during the period. Excluded: crimes against a child, sexual offenses, home invasion with a deadly weapon, felony DUI (with a limited exception for people who completed the statewide sobriety program), DUI causing death or substantial bodily harm, vehicular homicide involving intoxication, and certain felony boating-under-the-influence offenses. Source: NRS 179.245(1), (6), (7)
DUI / DWI convictions	A misdemeanor DUI may be sealed 7 years after release from custody or the end of a suspended sentence. Felony DUI (third offense within the lookback period) generally cannot be sealed, except for people who received a lesser judgment because they completed the statewide sobriety and drug monitoring program. DUI causing death or substantial bodily harm, and homicide involving intoxicated driving, can never be sealed. Source: NRS 179.245(1)(e), (6)(d)–(f), (7)
Juvenile records	All juvenile records are sealed automatically within 60 days after the child turns 18, or within 60 days after juvenile court or agency jurisdiction ends if it continues past 18. For adjudications for sexual assault, battery with intent to commit sexual assault, lewdness with a child, or violent felony-level acts that were not sealed before age 21, the records cannot be sealed until age 30, and then only by petition with no convictions since age 21 (other than minor traffic offenses). Juvenile courts can also expunge records in some cases. Once sealed or expunged, the proceedings are treated as never having occurred and the person may answer inquiries accordingly. Source: NRS 62H.130, 62H.140, 62H.150, 62H.170
Past marijuana convictions	Yes. By resolution, the State Board of Pardons Commissioners unconditionally pardoned everyone previously convicted in Nevada of possessing one ounce or less of marijuana, not for sale (including under NRS 453.336(4)); people may request pardon documents. Separately, anyone convicted of an offense that has since been decriminalized may make a free written request to the convicting court to seal the records. The court must grant it unless the prosecutor objects within 10 judicial days and shows good cause by clear and convincing evidence. Source: Resolution of the State Board of Pardons Commissioners (marijuana pardons); NRS 179.271

How to apply	File a petition to seal records in the court where the person was convicted. If several courts are involved, one petition may be filed in district court. Attach current verified records from the Central Repository for Nevada Records of Criminal History, list the agencies believed to hold records, and identify the records. The court notifies the arresting agency and prosecutor. If the prosecutor agrees, the court seals the records. If the prosecutor neither agrees nor objects within 30 days, the court may seal without a hearing. If there is an objection, a hearing is held and the records are sealed unless the objecting party rebuts the presumption in favor of sealing. The Nevada Division of Parole and Probation says no attorney is required and many counties and cities post forms. Division of Parole and Probation page: https://npp.nv.gov/Home/Resources/Sealing_of_Criminal_Records/ Source: NRS 179.245(2)–(5), 179.2445, 179.2595; Nevada Division of Parole and Probation, Sealing of Criminal Records
Filing fee	There is no statewide sealing filing fee in the statutes reviewed. Requests to seal decriminalized offenses and petitions to seal pardoned records are free, and no fee may be charged for sealing petitions by sex-trafficking victims. The Nevada courts' self-help center says each court sets its own filing fees and that fee waivers are available. Separate fees apply to the criminal history record that must be attached. The Self-Help Center page was found through search and not read directly; ask the court clerk for the exact fee. Source: NRS 179.245(9), 179.271(2), 179.273(5); Nevada Self-Help Center, Court Fees and Fee Waivers
Automatic (clean slate) relief	Limited. Juvenile records are sealed automatically within 60 days after the child turns 18, or after juvenile court jurisdiction ends. When the court and the Central Repository receive a certified copy of an unconditional pardon from the State Board of Pardons Commissioners, they must seal the pardoned records. Adult conviction, dismissal and acquittal records otherwise require a petition or request. Source: NRS 62H.140, 179.273(1)
Getting a copy of your criminal record	The Nevada Criminal History Repository (Department of Public Safety, Records, Communications and Compliance Division) provides your own Nevada record, or proof that none exists; only the subject of the record may request it. Complete the Identification File Request form DPS-006, include one original FD-258 fingerprint card with all ten prints, taken, dated and signed by a certified fingerprinting technician, and pay $27.00 per person by money order or certified check to the Nevada Department of Public Safety (no personal checks or cash). Mail the packet to Department of Public Safety, Records, Communications and Compliance Division, 333 West Nye Lane #100, Carson City, NV 89706. Allow about 45 days. No fee is charged to sex trafficking victims under NRS 179.245. The repository cannot provide FBI or other-state records. Source: Nevada DPS, To Obtain a Copy of Nevada Criminal History Records (DPS-006, rev. 7/2023)

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