Record Sealing Laws in Las Vegas, Nevada
Record sealing in Las Vegas
You deserve a second chance and a "fresh" start. The record sealing process provides you with that.
Benefits of record sealing
If you seal your criminal record, you gain the legal right to deny (or fail to acknowledge) anything related to the arrest and the legal proceedings from the case itself. Most importantly:
- Your sealed record is no longer a public record.
- When applying for a job or school, you can answer "no" to all the questions about your previous arrests or convictions.
- You can also deny having a criminal history to private organizations, your friends, or family members.
Attorneys recommend sealing even a minor misdemeanor charge, like shoplifting, drunk driving, or illegal drug possession, because they will appear on your background check.
After being convicted on criminal charges, you lose certain benefits and privileges. You can lose the right to vote, hold office, and serve on a jury. However, your rights and privileges become reinstated once you seal your criminal record.
Background check and record sealing in Las Vegas or Nevada
After you seal your criminal record, private employers cannot look into your sealed files during a background check. For example:
- Your landlord cannot look into these confidential records.
- The lenders can't see your arrest records when you apply for a loan or financial aid.
- You do not have to reveal your criminal record on your professional license application.
The difference between record sealing and expungement
Record sealing and expungement are two different things.
When you seal your criminal record, the public doesn't see it, but it still exists.
Record expungement, on the contrary, means the criminal record is physically destroyed or erased.
To seal or expunge a criminal record requires a Court Order signed by a Judge.
Nevada does not allow the expungement or deletion of criminal records. Nevada allows only record sealing.
I moved to a state where expungement is allowed. Can my Las Vegas criminal record be expunged in that state?
No. Removing a conviction from a person's criminal record must be done in the jurisdiction where the crime occurred. Moving to another state does not change that.
Since Nevada does not allow expungement, you can apply only for record sealing in Nevada.
Record seal waiting periods
Nevada law (NRS 179.245) allows for convictions of most crimes to be sealed after meeting specified waiting periods.
Once sealed, the criminal conviction comes off of your record, and you can truthfully say that you were never convicted.
| Type of Offense | Waiting Period (from the close of the case) |
|---|---|
| Felony Category A, Crime of Violence (NRS 200.408) | 10 years |
| Felony Category B, C, D | 5 years |
| Felony Category E | 2 years |
| Enhanceable misdemeanors (including Non-felony DUI and Non-felony battery domestic violence) | 7 years |
| Gross Misdemeanors, Misdemeanor Battery (NRS 200.481), Harassment (NRS 200.571), Stalking (NRS 200.575), Violation of a Temporary or Extended Order for Protection | 2 years |
| All other misdemeanors and traffic violations | 1 year |
| Acquitted/Dismissed charges or Honorable Discharge on a charge under NRS 453.3363 | No wait |
| Charges prosecution declined to prosecute | After the Statute of Limitations has run OR 8 years after the arrest OR if agreed by parties |
| Type of Offense | Waiting Period (from the close of the case) |
|---|---|
| Petit Larceny, misdemeanor | 1 Year |
| Grand Larceny, felony C and B | 5 Year |
| Burglary, no weapon used, felony B (NRS Code 205.060) | 5 Years |
| Battery of a peace officer, gross misdemeanor | 2 years |
| Battery of a peace officer, felony B | 5 years |
| Identity theft, felony B or C (NRS 205.463) | 5 years |
These laws were last changed on October 1, 2017.
Sealing gross misdemeanors
For gross misdemeanors, the time before one can seal your criminal record is two (2) years from the date of release or discharge from probation, whichever occurs later. Some exceptions may extend the time. NRS 179.245(d) explains the details.
Restrictions on record sealing
There are some restrictions on what criminal records you can seal.
The following crimes are not eligible for record sealing:
- Crimes Against Children (NRS 179D.0357),
- Felony DUIs,
- Sexual offense,
- DUI resulting in Death or Substantial Bodily Injury (SBI),
- Felony DUI while driving a boat/water vessel,
- DUI w/ boat/water vessel and resulting in Death or SBI.
The Clark County District Attorney publishes a list of all charges NOT eligible for record sealing. If your offense is not on that list - you are suitable for record sealing.
How long does it take to seal a criminal record in Las Vegas?
Courts are overwhelmed by the pandemic backlog, and everything takes longer than expected. Sealing a criminal record may take 6 - 12 months in Las Vegas and Nevada.
How many court records can be sealed?
Nevada has no limit on the number of records you can seal. However, you must simultaneously seal ALL your criminal records to meet the court requirements.
Can the court reject my petition?
Yes. The court rejects incorrect or incomplete record-sealing petitions, and you have to start the process from the beginning again.
Record sealing & FBI inquiries
Having your records sealed does not mean that FBI will remove them from their database. As a federal agency, the FBI is under no obligation to follow a state court's order to seal a record.
So, if you have a criminal record, it will come up in an FBI inquiry whether you sealed it or not.
Who can see sealed records?
The FBI, CIA, the Nevada Gaming Commission and the Nevada Gaming Control Board, and a very few professional organizations will continue to have access to your criminal record after you seal.
Do I have to worry about
re-sealing of my record?
No. Record sealing doesn't expire. Once you seal a criminal record, there is no reason to re-seal it.
How much does it cost to seal a record in Nevada?
It depends. Some clients need to seal only one (1) criminal record, while others require sealing a dozen criminal records spread over the last 20 years.
The fee for record sealing is case-by-case and depends on your petition's complexity.
How do I know if my criminal record is sealed?
You can obtain another criminal history report from the police department at the end of the sealing process. The new report must show that "No Criminal History Was Found." More info here.
Can an embezzlement charge be sealed?
Yes. The wait time to seal any charge depends on the criminal charge category you ultimately plead to.
Record sealing & immigration
Record sealing does not help immigration.
In Nevada, record sealing does not destroy the original arrest record (it only "seals" it from private employers who do a background check), the government still has access to all your arrest records.
Record sealing & gun rights
The sealing of a record does not restore the right to bear arms.
Related Articles
- How do I know if my criminal record is sealed?
- Record seal and Nevada Licensing Boards
- How to speed up the record sealing process?
- Record sealing for non-residents of Las Vegas or Nevada
- Can Judge deny my record sealing request?
- Record seal: Do I need a lawyer?
- Record sealing for misdemeanors
- Record sealing service: Testimonials
