This is legal information, not legal advice. Record sealing eligibility depends heavily on your specific conviction history and the exact dates your sentence ended. Consult a licensed Nevada attorney to confirm your eligibility before filing.
Nevada Does Not Have Expungement
The most important thing to understand before you begin: Nevada does not have expungement. Many people searching for “Nevada expungement” are looking for the right outcome but using terminology from other states. Nevada’s equivalent process is called record sealing, and it is governed by ↗ NRS 179.245 and related statutes in Chapter 179.
Expungement (Not Available in Nevada)
In states that allow expungement, the criminal record is physically destroyed or permanently deleted from all databases. After a true expungement, the record ceases to exist. The Central Repository for Nevada Records of Criminal History does not offer this — it retains records permanently.
Record Sealing (Nevada Law)
Under Nevada law, a sealed record is not destroyed. It is segregated from public access and made inaccessible to most background checks, employers, landlords, and the general public. The record still physically exists in the Central Repository — it is just hidden. The practical effect for most purposes is very similar to expungement, but the distinction matters in specific situations.
“The Legislature hereby declares that it is the public policy of this State to encourage and contribute to the rehabilitation of criminal offenders and to assist them in the assumption of the responsibilities of citizenship.” The Legislature further declares that sealing records advances this purpose when the benefits to the individual and society outweigh the disadvantages of public access. ↗ NRS 179.2405
What Sealing Actually Does: NRS 179.285
When a court orders a record sealed, the legal effect is sweeping. Under ↗ NRS 179.285, the proceedings related to the sealed offense are “deemed not to have occurred” and the person may lawfully answer “no” to any question about their arrest or conviction history:
“If the court grants a petition for the sealing of records pursuant to NRS 179.245, 179.247, 179.255, 179.259, 179.2595 or 179.271, the court shall cause to be sealed all records of the proceedings which led to the conviction or finding, including, without limitation, all records of the person’s arrest, the charges filed against the person and the proceedings of the court. The proceedings regarding such matters are deemed not to have occurred and the person to whom the order pertains may answer accordingly any question relating to the occurrence.”
What Happens After a Seal Order
Once a court grants a sealing order under ↗ NRS 179.275, the order is distributed to the Central Repository for Nevada Records of Criminal History, every court and agency named in the order, and any other custodian of those records. Each recipient is required to seal the records they hold — compliance is mandatory, not discretionary. After sealing:
- The arrest, charges, and conviction will not appear on most background checks
- You may legally answer “No” on job applications, rental applications, and similar forms when asked about arrests or convictions covered by the order
- Civil rights that were lost are restored under NRS 179.285(4) (see Section 10)
- The record cannot be used against you in most civil or administrative proceedings
The Five Statutory Pathways to Sealing
Most online guides describe a single “record sealing process” — but Nevada actually has five distinct statutory pathways, each with different eligibility criteria, procedures, and outcomes. Knowing which pathway applies to your situation changes how you file, what you pay, and what result you can expect.
The main pathway for people with eligible criminal convictions. Requires completion of the applicable waiting period (see Section 4), filing a petition, serving the prosecutor, and a court hearing if the prosecution objects. Filing fees and FBI background check fees apply unless waived. Covers almost all convictions except those specifically excluded in NRS 179.245(6).
↗ NRS 179.245Available for specific convictions that qualify for vacatur — meaning the conviction itself is set aside, not merely sealed. This is a stronger form of relief than sealing alone. Applies to convictions under NRS 201.354 (engaging services of a prostitute) when the defendant was a victim of sex trafficking, and convictions under NRS 453.3365 (certain controlled substance offenses) after completion of a deferred adjudication or conditional discharge. The conviction is vacated first, then the records are sealed.
↗ NRS 179.247If your case was dismissed, the prosecutor declined to pursue it, or you were acquitted at trial, you may petition for sealing immediately — no waiting period applies. This pathway also covers situations where charges were brought as part of an arrest but were later resolved in your favor. Because there was no conviction, the court process is generally faster and less contested.
↗ NRS 179.255Available to individuals who were convicted of certain offenses and successfully completed an approved program for reentry into society. Completion of the program can allow sealing before the standard waiting period under NRS 179.245 would otherwise expire. Eligibility and applicable programs are defined in the statute.
↗ NRS 179.259If you were convicted of an offense that Nevada has since decriminalized (removed from the criminal code entirely), you may petition for sealing by written request at any time — no waiting period, no court filing fee, no FBI background check fee. The court must notify the prosecuting attorney, who has 10 judicial days to object. If there is no objection, the court must grant the sealing. Marijuana possession convictions from before Nevada’s legalization are a common example of decriminalized offenses that qualify under this pathway.
↗ NRS 179.271If you receive an unconditional pardon from the Governor, your records are sealed automatically — no petition required. If the automatic sealing does not occur, you may petition at any time with no fee charged. ↗ NRS 179.273
Waiting Periods by Offense Category
For Pathway 1 (NRS 179.245 — sealing after conviction), the waiting period depends on the category of offense. These periods are established by statute and cannot be waived by agreement with the prosecutor. The table below reflects current Nevada law as of the 2024 revision of NRS Chapter 179.
1 year after the case closes.
2 years after the case closes.
5 years after the case closes.
7 years after the case closes.
10 years after the case closes.
No waiting period. Eligible immediately under NRS 179.255.
You must not have been convicted of any new offense during the waiting period. A new conviction resets the clock and may affect eligibility entirely, depending on the nature of the new offense. The waiting period is not merely a countdown — it is a period during which you must maintain a clean record.
When Does the Waiting Period Clock Start?
This is the single most misunderstood aspect of Nevada record sealing. The waiting period does not begin from the date of your conviction or your original sentencing hearing. Under NRS 179.245, the clock starts from the latest of the following three dates:
The date you were physically released from a jail or prison sentence — not the date you were sentenced.
The date your parole officially ended, including early discharge — not the date you were released from prison.
The date your probation was officially terminated or your suspended sentence period expired — not the date of sentencing.
Suppose you were convicted in January 2018, sentenced to 3 years of probation, and your probation ended in January 2021. For a Category C felony (5-year wait), you would not be eligible to petition until January 2026 — not January 2023. If you also served jail time that was released later than your probation end date, the clock starts from that release date instead. Always use the latest of the three possible dates. Filing too early is grounds for denial and may require you to wait before refiling.
The Rebuttable Presumption: NRS 179.2445
One of the most important — and least publicized — protections in Nevada’s record sealing law is the rebuttable presumption established by ↗ NRS 179.2445. It fundamentally shifts the burden in a contested sealing petition.
“Except as otherwise provided in this section, upon the filing of a petition for the sealing of records pursuant to NRS 179.245, 179.247, 179.255, 179.259 or 179.2595, there is a rebuttable presumption that the records should be sealed if the applicant satisfies all statutory requirements for the sealing of the records.”
In practical terms, this means:
- If you meet all the statutory requirements (waiting period completed, no new convictions, offense is eligible), the law presumes you should get your records sealed.
- The burden shifts to the prosecution to present evidence that overcomes this presumption — the prosecutor must affirmatively argue against sealing.
- A judge who denies a qualifying petition must have a reason supported by evidence in the record — they cannot deny the petition simply because they disagree with sealing.
The presumption can be overcome if the prosecution presents sufficient evidence that the public interest in keeping the records accessible outweighs the individual’s interest in sealing them. However, for petitioners who clearly meet all statutory criteria, this presumption provides a powerful legal foundation for the petition. If a prosecutor objects, they must do more than simply file an objection — they must overcome a legal presumption in your favor.
Offenses That Can Never Be Sealed
Under ↗ NRS 179.245(6), certain categories of conviction are permanently ineligible for sealing under Pathway 1, regardless of how much time has passed or how the person has conducted themselves since conviction. These are:
Crimes Against a Child
Any offense defined as a “crime against a child” under ↗ NRS 179D.0357. This definition is broad and includes many offenses involving minors as victims.
Sexual Offenses
Any offense constituting a “sexual offense” as defined in the NRS. The definition covers 17 specific statutory offenses, including sexual assault (NRS 200.366), lewdness with a child, and related crimes. These records may never be sealed.
Home Invasion with a Deadly Weapon
A conviction for invasion of the home with the use or threatened use of a deadly weapon pursuant to ↗ NRS 205.067 is permanently excluded from sealing.
Felony DUI (3rd Offense or Greater)
A conviction for a DUI that is punishable as a felony under paragraph (c) of subsection 1 of NRS 484C.400 (third or subsequent DUI offense) is not eligible for sealing under NRS 179.245. Note that misdemeanor DUI is eligible — after a 7-year waiting period.
The permanent exclusions above apply to Pathway 1 (sealing after conviction). They do not apply to Pathway 5 (decriminalized offenses). If an offense that currently falls into an excluded category is ever decriminalized by the Legislature, NRS 179.271 would potentially provide a separate sealing route. Additionally, if a conviction is vacated through a successful appeal or post-conviction proceeding, the vacated conviction is no longer a conviction and NRS 179.255 (dismissed/acquitted) may apply instead.
The Step-by-Step Petition Process
The following steps apply to Pathway 1 petitions under NRS 179.245. Steps for other pathways vary — dismissal/acquittal petitions under NRS 179.255 follow a similar but usually faster process, while decriminalized offense requests under NRS 179.271 require only a written request with no fee.
Before filing, obtain a copy of your complete Nevada criminal history from the ↗ Records, Communications and Compliance Division (RCCD) of the Nevada Department of Public Safety. You will also typically need an FBI background check. These are required because the petition and sealing order must reference the exact arrest and disposition information as reflected in your official criminal history. In Clark County, the relevant database is called SCOPE. Fees apply for both reports.
Confirm that the offense is eligible, the waiting period has passed based on the correct clock-start date (see Section 5), and that you have had no new convictions during the waiting period. You must file your petition in the court in which the conviction occurred — if you were convicted in Justice Court, you file there; if in District Court, you file there. For charges from different jurisdictions, you may file a single petition in the district court with jurisdiction over the arrest.
The petition must contain your identifying information, a description of the offense and conviction, the date the waiting period began and ended, and a statement that you have met all statutory requirements. You must also prepare an affidavit sworn under oath and a proposed court order for the judge to sign if the petition is granted. Form templates are available from the Clark County District Attorney’s Office for Clark County cases. ↗ Clark County Record Sealing Forms
File the petition with the appropriate court and pay the filing fee. You must then send a copy of the petition and a stipulation to seal records to the prosecuting attorney for each case included in the petition. The prosecution then has a statutory period to review and respond. If the prosecutor does not object, the court may grant the petition without a hearing. If the prosecutor objects, the matter is set for a hearing.
If the prosecution objects, you will need to appear at a court hearing and argue why sealing is appropriate. The rebuttable presumption under NRS 179.2445 (Section 6) is your primary legal argument: if you meet all statutory requirements, the burden is on the prosecution to overcome the presumption that your records should be sealed. The judge weighs both sides and issues a ruling.
If the petition is granted, the court issues a sealing order and distributes it to the Central Repository (RCCD) and every agency named in the order under NRS 179.275. Each agency is required to seal its records. This distribution process can take several weeks to complete at all agencies.
Under ↗ NRS 179.265, if your petition is denied, you must wait at least 2 years before filing a new petition for the same offense. You may also appeal the denial to a higher court. A denial does not permanently bar sealing — it simply requires a waiting period before reapplying, or an appeal of the denial itself.
What Sealing Does NOT Protect You From
This is the section most guides skip — and it matters enormously. A sealed record is not invisible to everyone. Under ↗ NRS 179.301, certain persons and agencies retain the right to inspect sealed records under defined circumstances:
A sealed conviction can be used against you in future criminal cases. If you are convicted of a new offense, a sentencing judge may consider your sealed prior convictions when determining an appropriate sentence. Sealing does not erase a prior criminal history from the perspective of the criminal justice system.
The Nevada Gaming Control Board and Gaming Commission retain the right to inspect sealed records when evaluating applications for gaming licenses, work permits, and registration. A sealed conviction for certain offenses may still result in denial of a gaming license.
Under NRS 179.301, law enforcement agencies may inspect sealed records under certain circumstances, including active criminal investigations and background checks for law enforcement employment. Police departments, sheriffs’ offices, and similar agencies are not fully blocked by a sealing order.
Some professional licensing boards — including boards that license teachers, healthcare providers, and certain financial professionals — may access sealed records or ask about sealed convictions in their licensing applications. The specific authority varies by licensing board and statute.
Nevada record sealing does not affect federal background check databases. If a conviction appears in FBI databases (the NCIC), sealing the Nevada state record does not automatically remove it from federal records. Separately requesting removal from FBI records — which requires showing the state record has been sealed — is an additional step that is often overlooked.
A sealed conviction that resulted in loss of firearm rights (a federal firearms disability) does not automatically restore those federal rights through Nevada sealing alone. Restoration of state gun rights under NRS 179.285 does not override federal law under 18 U.S.C. § 922(g). Federal law controls federal firearms eligibility.
A sealed record still exists in the Central Repository. Think of sealing as putting a record behind a locked door — most people cannot get in, but certain authorized parties still hold a key. For employment in gaming, law enforcement, or licensed professions in Nevada, the sealed record may still surface. Ask any specific employer or licensing board about their access to sealed records before assuming a sealed conviction is invisible to them.
Restoration of Civil Rights: NRS 179.285
Under ↗ NRS 179.285(4), when a court grants a sealing order, the person’s civil rights are restored to the extent they were affected by the sealed conviction. The court must provide the person with documentation confirming this restoration. The restored rights typically include:
- The right to vote — if lost due to a felony conviction, restored upon sealing
- The right to hold public office — if restricted by the conviction, restored upon sealing
- The right to serve on a jury — if disqualified by a felony conviction, restored upon sealing
- State firearms rights — if restricted by Nevada law due to a state felony conviction, restored upon sealing (see the federal caveat in Section 9)
The documentation of civil rights restoration is important to retain. If it is lost, damaged, or destroyed, you may request a new order from the court under NRS 179.285.
DNA Records: A Completely Separate Process
This is one of the most overlooked aspects of clearing your record in Nevada: DNA records are not sealed by a record sealing order. Under Nevada law, any person arrested for a felony is required to submit a DNA sample. That DNA profile is entered into the statewide and federal DNA databases and remains there independently of any court records.
To remove your DNA profile from Nevada databases, you must file a separate DNA expungement application with the Nevada Department of Public Safety — this is one of the few uses of the word “expungement” that actually exists in Nevada law. The process and eligibility are governed by NRS 176.0912, not NRS Chapter 179.
DNA Expungement Eligibility (NRS 176.0912)
You may be eligible for DNA expungement if no new felony charges have been filed within 3 years of the arrest, and at least one of the following is true:
- The case was dismissed
- You completed a pre-prosecution diversion program
- You received a conditional discharge
- You were acquitted at trial
- The charge was reduced to a non-felony as part of a plea bargain
DNA expungement is generally not available if you were convicted of the underlying felony offense. Your DNA profile would remain in the database even if your conviction record is subsequently sealed under NRS 179.245. A record sealing order covers court and law enforcement records — it does not reach DNA databases, which are governed by a separate statutory framework.
Automatic Sealing: What Is Coming
Nevada is actively working toward a system of automatic record sealing — a process where eligible records would be sealed without requiring the individual to file a petition. As of April 2026, automatic sealing is not yet law, but the legislative infrastructure is being built.
The Advisory Task Force on Automatic Record Sealing
Assembly Bill 160 (AB160) passed in the 82nd Session (2023) created the Advisory Task Force on Automatic Record Sealing. The Task Force was directed to review the existing petition-based process, identify ways to streamline it, and develop recommendations to implement automatic sealing. Key milestones established in AB160:
The Administrative Office of the Courts was required to adopt rules to streamline the petition filing process based on initial Task Force recommendations. These rules should be in effect now.
The Task Force must submit its final report to the Legislature setting out final recommendations to support implementation of automatic record sealing. This report is expected in the coming months.
Under the AB160 framework, the Records, Communications and Compliance Division (RCCD) and the Administrative Office of the Courts would begin automatically identifying eligible convictions and coordinating sealing orders without a petition. This is still a proposed timeline pending implementation by the relevant agencies and legislative confirmation.
The automatic sealing framework is not yet operational. As of April 2026, you still need to file a petition to seal your records. If you are currently eligible, waiting for a future automatic system means your record remains publicly accessible in the meantime — affecting employment, housing, and licensing applications right now. The petition-based system is the only path available today.
Official Sources & Statutory References
All information in this article is drawn from official Nevada government sources only. NRS Chapter 179 was last revised June 29, 2024 (2023 session). All links go directly to official government sources.
- NRS 179.2405 — Declaration of Public Policy (Record Sealing) — Nevada Legislature
- NRS 179.2445 — Rebuttable Presumption That Records Should Be Sealed — Nevada Legislature
- NRS 179.245 — Sealing After Conviction: Eligibility, Petition, Hearing, Order — Nevada Legislature
- NRS 179.247 — Vacating Judgment and Sealing After Conviction — Nevada Legislature
- NRS 179.255 — Sealing After Dismissal, Declined Prosecution, or Acquittal — Nevada Legislature
- NRS 179.259 — Sealing After Completion of Re-Entry Program — Nevada Legislature
- NRS 179.265 — Rehearing After Denial; Appeal — Nevada Legislature
- NRS 179.271 — Sealing After Decriminalization of Offense — Nevada Legislature
- NRS 179.273 — Automatic Sealing After Unconditional Pardon — Nevada Legislature
- NRS 179.275 — Distribution of Sealing Order — Nevada Legislature
- NRS 179.285 — Effect of Sealing Order; Restoration of Civil Rights — Nevada Legislature
- NRS 179.295 — Reopening of Sealed Records — Nevada Legislature
- NRS 179.301 — Inspection of Sealed Records by Certain Persons and Agencies — Nevada Legislature
- Information on Sealing of Nevada Criminal History Records — Nevada Department of Public Safety, RCCD
- Record Sealing Forms Instructions — Clark County District Attorney’s Office
- NRS Chapter 179 — Special Proceedings; Sealing Records (Full Text) — Nevada Legislature (Rev. 6/29/2024)