About clearing a record in Nevada
A sealed record is treated as if the case never happened. You may say so when asked, even on a job form. Sealing also gives back your right to vote, to hold office and to sit on a jury. It does not give back your right to bear arms. A few agencies the law names can still see a sealed record.
You file a petition in the court that handled your case. If your records sit in more than one court, you can file one petition in district court. The petition carries your current state record and a list of every agency that holds the records. The court tells the agency that arrested you and the prosecutor. If the prosecutor agrees, the court seals the records. If no one objects within 30 days, the court may seal them with no hearing. If the prosecutor objects, the court holds a hearing. The law presumes your records should be sealed once you meet its terms.
A conviction has a wait before you can file. The clock starts when you leave custody or finish parole or probation, whichever is later. Most misdemeanors wait one year. A gross misdemeanor waits two years. So do a misdemeanor battery, stalking, harassment and a protection order violation. A misdemeanor DUI or domestic battery waits seven years. So does a case under NRS 422.540 to 422.570. A felony waits two, five or ten years, by its category. In that time you must have no new conviction and no pending charge, apart from minor traffic matters. Some convictions can never be sealed, such as a crime against a child or a sex offense. A dismissed charge or an acquittal can be sealed at any time. A declined charge waits until the time to file it has run out, or eight years after the arrest, unless the prosecutor agrees sooner.
Remedies in Nevada
- Sealing