Nevada Expungement Laws: How to Seal Your Criminal Record (2025 Guide)
Nevada Expungement Laws: How to Seal Your Criminal Record (2025 Guide)
Nevada does not have expungement in the traditional sense. Instead, the state offers criminal record sealing under NRS 179.245 (convictions) and NRS 179.255 (cases that did not result in conviction), which achieves the same practical result once a mandatory waiting period has passed.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Nevada state record sealing only. For a comparison of all states, see Expungement Laws by State.
Does Nevada Have Expungement?
Nevada does not use the word "expungement" in its criminal code. The correct legal term is record sealing, governed primarily by NRS Chapter 179. Despite the different label, sealing accomplishes what most people mean when they search for expungement: the court orders all agencies holding relevant records to seal them, the proceedings are legally deemed never to have occurred, and the person may deny the arrest or conviction on most applications.
When a Nevada court grants a sealing order, every state and local agency that holds records related to the case must seal those records. The person may then answer "no" to questions about the arrest, charge, or conviction on job applications, housing applications, and most licensing forms. The sealed information remains accessible only to certain law enforcement agencies, courts handling subsequent charges, and a limited set of licensing bodies such as gaming and insurance regulators.
If you searched for "Nevada expungement," you are in the right place. Nevada's record sealing process under NRS 179.245 and NRS 179.255 is the functional equivalent, and the petition process described below is how to pursue it.
NRS 179.245: Waiting Periods by Offense Category
Nevada Revised Statutes 179.245 sets the minimum time a person must wait after discharge from custody, probation, or parole before filing a petition to seal a conviction record. The clock starts on the date of release from actual custody or the date of discharge from probation or parole, whichever is later.
The current waiting periods, as codified in NRS 179.245(1), are:
| Offense Category | Waiting Period |
|---|---|
| Category A felony, crime of violence, or residential burglary | 10 years |
| Category B, C, or D felony | 5 years |
| Category E felony | 2 years |
| Gross misdemeanor | 2 years |
| DUI (NRS 484C.110 or 484C.120, misdemeanor), domestic violence battery | 7 years |
| Misdemeanor battery, harassment, stalking, or protective order violation | 2 years |
| All other misdemeanors | 1 year |
During the entire waiting period, the petitioner must not have been charged with any offense for which charges are still pending and must not have been convicted of any offense other than a minor moving or standing traffic violation. A single new conviction resets eligibility.
The Nevada Legislature significantly reduced these waiting periods through a series of reforms. Before the 2017 reform (Ch. 378, effective October 1, 2017), the waiting period for a category A or B felony was 15 years; category C and D felonies required 12 years; and even a gross misdemeanor required 5 years. The 2017 reform cut those times substantially for most categories. The 2019 AB 192 reform then added a rebuttable presumption in favor of granting petitions and created the decriminalized-offense sealing pathway.
The 2019 AB 192 Reforms: Presumption and Marijuana Sealing
Assembly Bill 192, signed into law in 2019 and effective July 1, 2019, made two major structural changes to Nevada's sealing framework.
First, AB 192 created NRS 179.2445, which establishes a rebuttable presumption that a petition to seal records should be granted if the petitioner satisfies the statutory requirements. Before this reform, courts had broad discretion to deny petitions even when the petitioner was technically eligible. Now, the burden shifts to the opposing party. If the prosecuting attorney objects, that office must present evidence sufficient to overcome the presumption by clear and convincing evidence before the court can deny the petition.
Second, AB 192 added NRS 179.271, which allows any person convicted of an offense that Nevada later decriminalized to submit a written request to seal those records immediately, with no waiting period and no filing fee. The provision applies retroactively to conduct decriminalized before, on, or after July 1, 2019. This section was designed primarily to address marijuana convictions following Nevada's legalization of cannabis, but it applies to any subsequently decriminalized offense. The prosecutor has 10 judicial days to object after receiving written notice from the court; if no objection is filed, the court must grant the request.
NRS 179.255: Sealing Records That Did Not Result in Conviction
When an arrest does not lead to a conviction because charges were dismissed, the prosecutor declined to file, or a jury or judge returned a not-guilty verdict, NRS 179.255 governs sealing of those records.
The timing rules under NRS 179.255 depend on how the case ended:
- Dismissal: A person may petition at any time after the date charges were dismissed.
- Acquittal: A person may petition at any time after the date of the acquittal.
- Declined prosecution: A person may petition after the applicable statute of limitations expires, after 8 years from the date of arrest, or pursuant to a stipulation between the parties.
There is no waiting period for dismissals or acquittals. The petition must include a current verified criminal history report, case disposition information, a list of agencies holding related records, and the petitioner's date of birth, specific charges, and arrest date. The court notifies the arresting agency and the prosecutor. If the prosecutor does not object, the court may seal the records. If the prosecutor objects, the court holds a hearing.
Wrongful arrest records may be separately addressed through a single-page application process outside the standard petition framework.
Offenses That Can Never Be Sealed in Nevada
Nevada law prohibits sealing of records for a defined list of serious offenses regardless of how much time has passed. NRS 179.245(6) bars petitions for:
- Crimes against children, as defined in NRS 179D.0357
- Sexual offenses listed in NRS 179.245(8)(b), including sexual assault, incest, lewdness with a child under 14, and related offenses
- A felony DUI under NRS 484C.400
- DUI causing death or substantial bodily harm under NRS 484C.430
- Homicide resulting from driving or being in actual physical control of a vehicle while under the influence of alcohol or a controlled substance
- Felony operating of a vessel under the influence under NRS 488.410
- Home invasion with a deadly weapon under NRS 205.067
A standard misdemeanor DUI can be sealed, but only after the 7-year waiting period. A DUI that was charged or punishable as a felony falls under the absolute bar. If you are uncertain whether your specific DUI conviction is sealable, consult a licensed Nevada attorney before filing.
How to File a Petition to Seal Records in Nevada
The petition process under NRS 179.245 requires several steps before you appear before a judge.
Step 1: Obtain your criminal history report. Request a current, verified copy of your criminal history from the Nevada Criminal History Central Repository, operated by the Nevada Department of Public Safety at 333 Nye Lane, Suite 100, Carson City, NV 89706, or through the online repository portal. The report must be dated within 30 days of filing; most courts treat older reports as stale.
Step 2: Confirm your waiting period has passed. Review NRS 179.245(1) and the table above. If you have had any new charges or convictions during the waiting period, you are not yet eligible.
Step 3: Prepare the petition. The petition must identify the specific conviction(s) you seek to seal, include your date of birth and the relevant arrest and case dates, and list all agencies that hold related records. Clark County and Washoe County both publish petition forms through their respective District Attorney and Justice Court offices.
Step 4: File with the correct court. File in the court where you were convicted. If convictions occurred in multiple counties, a district court may accept a consolidated petition covering all of them. As of the most recent published guidance, the Clark County filing fee is $71.
Step 5: Serve the prosecutor and wait. After filing, the prosecuting attorney receives notice and has 30 days to file a written objection in most jurisdictions. If no objection is filed, the court may rule on the petition without a hearing. If the prosecutor objects, the court schedules a hearing. Under NRS 179.2445, the presumption favors sealing, so the prosecutor must present clear and convincing evidence to block the petition.
Step 6: Receive and distribute the order. If the court grants the petition, it issues an order directing every agency listed on the petition to seal their records. You should send certified copies of the order to each listed agency.
The entire process from filing to order typically takes 60 to 120 days depending on the county and court caseload.
Disclaimer: This article describes Nevada record sealing law as of May 29, 2026, based on NRS 179.245, NRS 179.255, NRS 179.271, NRS 179.2445, and NRS 179.285. It is provided for general informational purposes only and does not constitute legal advice. Eligibility depends on the specific facts of your case. Consult a licensed Nevada attorney before filing any petition.
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Sources
The statutes cited in this article are drawn directly from the Nevada Revised Statutes as published by the Nevada Legislature at leg.state.nv.us, supplemented by official court guidance from Clark County District Attorney (clarkcountynv.gov) and the Washoe County Second Judicial District Court (washoecounty.gov).
Related Articles
- Expungement Laws by State
- DUI Expungement by State: Which States Allow It
- How to Check If Your Record Has Been Expunged
This page covers Nevada record sealing law only. Laws vary by state. Always verify current statutes at leg.state.nv.us before filing.