Expunging or Sealing a Felony in Nevada
Which felony convictions can be expunged or sealed in Nevada, the waiting period, and how to file.
Short 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; NRS 179.245(1), (6), (7)
| 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) |
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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/ |
| What clearing a record does | 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. |
Where to get help in Nevada
More Nevada expungement & criminal records
- Getting a Copy of Your Nevada Criminal Record
- Clearing a DUI From Your Record 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 felony be expunged in Nevada?
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.
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.
What happens after a record is expunged or sealed in Nevada?
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.
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.