How to 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.

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.

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.

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.