The state of Nevada has no statute for expungement of criminal convictions. Because of this only a few individuals are eligible for their records to be sealed. This means that expungement does not exist in the state of Nevada; however Nevada jurisdiction does provide record sealing instead. In other states the expungement of a records is the legal erasure and all evidence of the record and allows the individual to state that the offense never took place. Expungement also prohibits access for public reason and law enforcement services. Sealing records is not that extensive. Sealed records only deny access to certain individuals but leave access for law enforcement and government agencies. Individuals who have been honorably discharged under NRS 176A.850 can have their criminal records sealed. In these circumstances all convictions can be used in future convictions, license and permit applications, for impeachment purposes, and applications for public employment.
Record Sealing Eligibility
Those who have been convicted of crimes are eligible for record sealing after designated time periods. These time periods are given based on the seriousness of the offense and can be several years in length. If an individual has not been charged with an offense or is waiting for conviction, he or she must wait until the court stipulates when application is possible. Minor traffic violations cannot be sealed. Those who have completed programs for reentry can have their records sealed according to Nevada Law 179.259. All those who have been arrested but where later dismissed of charges or were acquitted may have records sealed.
Juveniles are eligible for sealing after reaching the age of twenty-one. Juvenile delinquents who would have been charged with what would be a felony offense if charged as an adult may not petition for record sealing until the age of thirty instead of the age of twenty-one. These felonies include sexual assault, threatening by force or violence, battery with the intent to commit sexual assault, and lewdness involving a child. Sealing is only possible for these individuals if no further charges exist after reaching the age of twenty-one with the exception of traffic violations.
The Record Sealing Process
Most juvenile offense in Nevada are automatically sealed when an individual reaches the age of twenty-one with a few exceptions. These include delinquency for an act that would otherwise be charged as a felony in adult cases that involve sexual assault, battery with the intent to commit sexual assault, threatening by force or violence, and lewdness involving a child. In order for juvenile records to be automatically expunged the individual must have no records of being adjudicated.
In adult cases, individuals who are eligible for record sealing must petition the court where the case was handled and where the records are maintained. All petitions under Section 179.245 must include current records of criminal history, the Central Repository for Nevada Records of Criminal History, and the name of the local law enforcement agency of the city or county where the conviction took place. The court always has the power to deny a petition, even if the individual is eligible. See also:
Nevada Misdemeanors External link (opens in new window)
Nevada Felony External link (opens in new window)
Nevada Gun Laws External link (opens in new window)