Expungement of Criminal Records – General – Nevada
1. What is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. What records may be expunged?
In Nevada, there is no statute providing for expungement of criminal convictions.
3. Who is eligible for an order to seal criminal records?
Persons who are honorably discharged under NRS 176A.850 may have their records sealed, but their conviction can still be used in later convictions, for impeachment purposes, license and permit applications, and applications for public employment positions.
Also, persons discharged from probation under NRS 176A.260 may have records sealed after their dismissal. NRS 176A.265.
Persons convicted of crimes may have records sealed after varying numbers of years depending of the seriousness of the offense and has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations. NRS 179.245.
Persons completing a program of reentry may also have records sealed. NRS 179.259.
Persons who are arrested and later are acquitted or dismissed can also have records sealed under NRS 179.255.
Juveniles may also have all records sealed upon reaching 21. NRS 62H.140 a child adjudicated to be a delinquent for an act that would have been a felony if committed by an adult and which involved the use or threatened use of force or violence, sexual assault, battery with intent to commit sexual assault, or lewdness involving a child, and has not had records sealed before turning 21, may petition to have the juvenile court seal the records upon turning 30. The person must not have had any further convictions since turning 21, other than standing traffic violations. NRS 62H.150.
4. How do I get records sealed?
Only in the case of a child who turns 21 and has no records of being adjudicated to be a delinquent for an act that would have been a felony if committed by an adult and which involved the use or threatened use of force or violence, sexual assault, battery with intent to commit sexual assault, or lewdness involving a child is the sealing of records automatic.
In all other cases, the person who is the subject of the records must apply to the court having jurisdiction over the records for an order to seal them. A petition under Sections 179.245 or 179.255 must:
(a) Be accompanied by current, verified records of the petitioner’s criminal history received from:
(1) The Central Repository for Nevada Records of Criminal History; and
(2) The local law enforcement agency of the city or county in which the
conviction was entered;
(b) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and
(c) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed.
The sealing of records is discretionary with the court. If an order to seal records is granted the court will name the persons and agencies subject to the order and serve them with notice that the records in their possession are to be sealed and open to inspection in limited circumstances.