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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 and statute description table

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 - Restoration of Civil Rights

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

202.360Ownership or possession of firearm by certain persons prohibited; penalties.

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.