Clearing a DUI From Your Record in Nevada
Whether a DUI or DWI conviction can be expunged or sealed in Nevada, and what to do instead if it can't.
Short answer: A misdemeanor DUI may be sealed 7 years after release from custody or the end of a suspended sentence. NRS 179.245(1)(e), (6)(d)–(f), (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. |
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| 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/ |
Where to get help in Nevada
More Nevada expungement & criminal records
- Getting a Copy of Your Nevada Criminal Record
- Expunging or Sealing a Felony in Nevada
- How to File for Expungement in Nevada
- Sealing or Expunging Juvenile Records in Nevada
- All Nevada expungement & criminal records rules
FAQ
Can a DUI be expunged in Nevada?
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.
How do you file for expungement in Nevada?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.