NEVADA
How to Clear Your Criminal Record
in Nevada
in Nevada
A free, plain English guide to record sealing in Nevada — who qualifies, waiting periods by felony category, the presumption in your favor, and how to file under NRS 179.245.
LEGAL TERM
Record Sealing
FILING FEE
Varies by county court
GOVERNING LAW
NRS 179.245 / 179.255
What You Need to Know First
Nevada does not have expungement — only record sealing. When a record is sealed in Nevada, it is hidden from public view and removed from most background checks. The record still exists and remains accessible to law enforcement, certain government agencies, and professional licensing boards. You can legally deny the arrest or conviction for most purposes after sealing.
Nevada has a legal presumption in your favor. Under NRS 179.2445, Nevada law establishes a rebuttable presumption that records should be sealed if you meet all statutory requirements. If the prosecutor doesn't object, the court generally seals without a hearing. If there is an objection, the objecting party must present evidence to overcome the presumption — the burden is on them, not on you.
Sealing does NOT restore gun rights in Nevada. This is one of Nevada's most important — and most misunderstood — rules. Record sealing restores your right to vote, hold office, and serve on a jury, but it explicitly does not restore the right to bear arms. Gun rights after a felony conviction can only be restored through a pardon from the Nevada Board of Pardons Commissioners.
What Can — and Can't — Be Sealed
ELIGIBLE FOR SEALING
- Dismissed charges / acquittals — no waiting period
- Arrests where DA declined prosecution — after limitations period or 8 years
- Most misdemeanor convictions — after 1 year
- Gross misdemeanor convictions — after 2 years
- Category E felony convictions — after 2 years
- Category B, C, D felony convictions — after 5 years
- Misdemeanor DUI / battery domestic violence — after 7 years
- Category A felony / violent crimes / residential burglary — after 10 years
- Drug possession convictions — after 3 years (NRS 453.3365)
- Pardoned convictions — immediate sealing upon pardon
- Human trafficking victims — non-violent offenses, waiting periods waived
NEVER ELIGIBLE FOR SEALING
- Sexual offenses requiring registration as a sex offender
- Crimes against children (NRS 179D.0357)
- Felony DUI — third offense or DUI causing serious bodily injury or death
- Home invasion with a deadly weapon
- Currently charged with any offense (pending charges bar sealing)
- New conviction during the waiting period
Waiting Periods
Waiting periods run from the date of release from actual custody, or discharge from parole or probation — whichever occurs later. You must not have been convicted of any other offense (excluding minor traffic violations) during the waiting period.
Dismissed charges / acquittals
No wait
Most misdemeanor convictions
1 year
Gross misdemeanor / Category E felony
2 years
Drug possession conviction
3 years
Category B, C, or D felony
5 years
Misdemeanor DUI / battery domestic violence
7 years
Category A felony / violent crime / residential burglary
10 years
How to File — Step by Step
1
Request Your Nevada Criminal History Report
Obtain your current, verified Nevada criminal history record from the Central Repository for Nevada Records of Criminal History at the Nevada Department of Public Safety. This official record must accompany your petition — it is required by NRS 179.245. Request at dps.nv.gov.
2
Download the Petition to Seal Records
Get the petition forms from the Nevada courts website at nevadajudiciary.us or from your county district court. The petition must include your verified criminal history record, a list of all agencies you believe hold your records, and specific identifying information about each conviction you want sealed.
3
File in the Court Where You Were Convicted
File your petition in the court where the conviction occurred — district court for felonies, justice court or municipal court for misdemeanors. Filing fees vary by county. The court notifies the law enforcement agency that arrested you and the prosecuting attorney who handled your case. The prosecutor has 30 days to file a written objection.
4
Prosecutor Review — Presumption in Your Favor
If the prosecutor stipulates to sealing or does not file a written objection within 30 days, and the court finds you meet all criteria, the court may seal your records without a hearing. If the prosecutor objects, a hearing is scheduled. At the hearing, the presumption in your favor (NRS 179.2445) applies — the objecting party must present evidence sufficient to overcome it.
5
Order Issued — Records Sealed Statewide
If granted, the court orders all agencies — including the FBI and all criminal justice agencies — that hold records of your conviction to seal them. The sealing order must list every agency you included in your petition. Keep a certified copy of your sealing order. Once sealed, you can legally deny the conviction for most purposes.
Official Forms
Nevada Judiciary — Court Forms
Official Nevada court forms including the Petition to Seal Records and related documents
Visit nevadajudiciary.us →
Nevada DPS — Criminal History Record Request
Request your official Nevada criminal history from the Central Repository — required for your petition
Visit dps.nv.gov →
Nevada Board of Pardons Commissioners
Apply for a pardon — the only way to restore firearm rights after a felony conviction in Nevada
Visit bop.nv.gov →
Find Your Nevada Court
Find the district, justice, or municipal court where your conviction occurred to file your petition
Visit nevadajudiciary.us →
Helpful Resources
FREE LEGAL HELP
Nevada Legal Services
Free legal education, advice, and representation for eligible Nevadans — including record sealing assistance
nevadalegalservices.org →
FREE LEGAL HELP
Legal Aid Center of Southern Nevada
Free civil legal help for low-income Nevadans in Las Vegas and Clark County — including sealing assistance
lacsn.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
PARDONS
Nevada Board of Pardons Commissioners
Apply for a pardon — the only path to restoring firearm rights after a felony in Nevada
bop.nv.gov →
COURT RECORDS
Nevada Court Records
Access Nevada court records to verify your case information before filing your sealing petition
nevadajudiciary.us →
Frequently Asked Questions
Does record sealing restore my gun rights in Nevada?
No — and this is explicitly stated in Nevada law. NRS 179.285 restores voting rights, the right to hold office, and the right to serve on a jury after sealing. But it explicitly does not restore the right to bear arms. Gun rights after a felony conviction in Nevada can only be restored through a pardon from the Nevada Board of Pardons Commissioners. This is one of the most important things to understand about Nevada record sealing — many people assume sealing restores all their rights, but firearm rights require a separate pardon process.
What is the legal presumption in my favor?
NRS 179.2445 establishes a rebuttable presumption that records should be sealed if you satisfy all statutory requirements. This means the law presumes in your favor — if the prosecutor doesn't object, the court generally seals without a hearing. If there is an objection, the objecting party bears the burden of presenting evidence sufficient to overcome the presumption. This is significantly more favorable than most states where the petitioner bears the burden of proof. Note: the presumption does not apply if you were not honorably discharged from probation or parole.
Can I legally deny the conviction after sealing?
Yes — once records are sealed in Nevada, the proceedings are deemed never to have occurred. You can legally deny the arrest or conviction on most employment, housing, and licensing applications. Exceptions include certain government positions, law enforcement employment, and professional licensing boards that retain access to sealed records under specific circumstances. Keep a certified copy of your sealing order in case any employer questions arise.
My case was dismissed — does my record disappear automatically?
No — dismissed charges remain on your public criminal record until you file a petition to seal them. There is no waiting period for dismissed charges or acquittals — you can file immediately. For arrests where the DA declined prosecution, you must wait until the statute of limitations has run or 8 years, whichever comes first. The good news is there is no filing fee for non-conviction sealings in most Nevada courts.
Can a misdemeanor DUI be sealed in Nevada?
Yes — a misdemeanor DUI conviction can be sealed in Nevada, but the waiting period is 7 years (longer than other misdemeanors). This longer period reflects the enhanceable nature of DUI offenses. Felony DUI — including a third DUI offense or a DUI causing serious bodily injury or death — can never be sealed.
Do I need an attorney?
Not required — Nevada Legal Services and the Legal Aid Center of Southern Nevada offer free sealing help for those who qualify. For straightforward misdemeanor sealings and dismissed charges, many people file successfully on their own using the Nevada courts forms. For felony sealings, cases where the prosecutor is likely to object, or if you have complex criminal history across multiple counties, working with a Nevada attorney improves your outcome. The presumption in your favor makes Nevada more approachable for self-represented filers than most states.
After Your Record Is Sealed
After sealing in Nevada, the proceedings are deemed never to have occurred. Records are hidden from public background checks and you can legally deny the arrest or conviction for most purposes. Civil rights — voting, holding office, jury service — are restored.
✓
Employment
Sealed records are hidden from most public background checks. You can legally deny the conviction on most private employment applications. Nevada law prohibits many public employers from asking about criminal history before a conditional offer. Law enforcement, certain licensed professions, and positions with state gaming agencies retain access to sealed records.
✓
Civil Rights Restored
Nevada record sealing restores voting rights, the right to hold public office, and the right to serve as a juror. These rights are automatically restored upon sealing under NRS 179.285. If your voting rights or other civil rights were affected by a felony conviction, sealing restores them.
✓
Gun Rights — Pardon Required
Record sealing explicitly does not restore firearm rights in Nevada. If restoring gun rights is your goal, you must apply for a pardon from the Nevada Board of Pardons Commissioners. A pardon is discretionary and not guaranteed. Contact the Board at bop.nv.gov for application information. Federal law also applies independently — consult a Nevada attorney before purchasing or possessing any firearm.
✓
Background Check Databases
The sealing order directs all named agencies — including the FBI — to seal their records. Private background check databases may lag in updating. Keep your sealing order and dispute any records that still appear. Note that certain professional licensing boards and government agencies may retain access to sealed records under specific Nevada statutes.
For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.
This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your county court clerk or a licensed attorney in your state before filing.