Information on the Sealing of Nevada Criminal History Records


Court Permitted to Order the Sealing of Criminal Records

Nevada Revised Statutes permits courts to order the sealing of criminal records if certain conditions are met and the court is satisfied that the subject has been rehabilitated. The word “sealing” is used to describe a procedure whereby a record is physically removed from a record system and its dissemination is substantially or altogether restricted. Sealing of records prohibits access to criminal record information except to employees of the Repository for record management purposes, a party or agency for an authorized search as provided for in Nevada Revised Statutes or a party authorized pursuant to a court order.

    Waiting Period

      The waiting period for sealing criminal records varies. Some arrests, such as sexual offenses can not be sealed. For specific information, please review the following statutes.

        Statute Statute Description
        179.245 Sealing records after conviction
        179.255 Sealing records after dismissal or acquittal
        179.275 Orders for sealing records - distribution, compliance
        179.285 Order sealing records - effect
        179.295 Reopening sealed records
        179.301 Inspection of sealed records by certain agencies
        179A.160 Removal of records where case disposition is favorable to accused
        193.130 Punishment of felonies
        193.140 Punishment of gross misdemeanors
        193.150 Punishment of misdemeanors
        453.3365 Sealing of records of persons convicted of possession of controlled substance not for the purpose of sale
        484.379 Sealing of non-felony DUI arrests in conjunction with NRS 179.245

          Procedures for Sealing Nevada Criminal History Records

            The procedures for sealing Nevada criminal history records vary from county to county. To petition a court to seal your criminal history record, contact the court in the jurisdiction where the arrest occurred. To facilitate completing the court forms, obtain a copy of your Nevada criminal history record.

              Individual Requests to Seal Records

              By statute, an individual may request that a court seal records of arrest, criminal conviction, acquittal, or dismissal. The purpose of this information, which includes sample forms, is to identify the law and the prosecutors' procedures for utilizing the stipulation process when petitioning a court to seal records of arrest, conviction, acquittal, or dismissal.

                For clarification purposes, an order sealing records is not an expungement of records, which allows for the destruction of the records. Rather, an order sealing records removes the records from general information sources but does not authorize their destruction. In fact, a record sealed pursuant to statute may later be used in certain circumstances. (See NRS 179.295 and 179.301).

                  Additionally, although the entry of an order by a court requires that certain criminal justice agencies located outside the State of Nevada are to comply with its direction, these agencies are not bound to follow this order. Therefore, it is possible that these records will not be removed from their record entry systems.

                    How long does it take to seal criminal records?

                      The process can take any where from 2 to 4 months to complete and depends on accuracy of all the information on the Court Order.