SEALING CONVICTIONS IN NEVADA

Your Conviction Won't Go Away Until You Get It Sealed

If you have a criminal record in Nevada, you know the frustration. Whether you’re charged, convicted, or only arrested for a crime in Nevada, a criminal record is created with the Nevada Department of Public Safety’s Records, Communications and Compliance Division (RCCD), who then forwards these records to the FBI Criminal Justice Information Services Division, making your records available in a background check.

This Information Is For You

Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.

To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.

You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our secure, confidential Eligibility Test and then schedule an appointment to discuss your results and options.

Can You Get Your Nevada Conviction Sealed?

Nevada law allows for the setting aside of both misdemeanor and felony convictions in many situations under NRS 179.245, but not every criminal record qualifies, as there are certain offenses that are ineligible to be sealed. Other requirements include that you may not have any pending cases, you must have satisfied all the terms of your sentence (including financial obligations), and you may not have been convicted of any new crimes during the relevant waiting period. Each of these general requirements will be discussed in more detail below.

• General Requirements to Seal a Conviction

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  The basic requirements to seal a conviction under NRS 179.245 are as follows:

  • You have no pending criminal proceedings against you
  • You have paid all fines, fees, restitution, interest, and other financial obligations imposed by the court
  • All terms of your sentence have been completed
  • The offense you are seeking to seal is not an ineligible offense (listed below) and
  • The relevant waiting period has passed (see below), and you have not been convicted of a new criminal offense during this period

• 1. Which Offenses are Ineligible to be Sealed?

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  The following types of criminal convictions cannot be sealed under current Nevada law:

  • A Crime Against a Child (under the meaning in NRS 179D.0357), which are listed below
  • A Sexual Offense (under the meaning in NRS 179.245(8)(b)), which are listed below
  • Felony Driving Under the Influence
  • Driving Under the Influence resulting in death or substantial bodily harm
  • Homicide that resulted from driving under the influence
  • Operating a watercraft while under the influence
  • Homicide or serious bodily harm that resulted from operating a watercraft under the influence

  Crimes Against a Child under NRS 179D.0357 that cannot be sealed:

  • Kidnapping unless the offender is the parent or guardian of the victim (NRS 200.310 to NRS 200.340)
  • False imprisonment unless the offender is the parent or guardian of the victim (NRS 200.460)
  • Involuntary servitude of a child unless the offender is the parent or guardian of the victim (NRS 200.4631)
  • An offense involving sex trafficking or prostitution (NRS 201.300 and NRS 201.320)

  Sexual Offenses under NRS 179.245(8)(b) that cannot be sealed:

  • Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030
  • Sexual assault pursuant to NRS 200.366.
  • Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.
  • Battery with intent to commit sexual assault pursuant to NRS 200.400.
  • An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.
  • An offense involving the administration of a controlled substance to another person with the intent to enable or as is the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.
  • Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
  • An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
  • Incest pursuant to NRS 201.180.
  • Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.
  • Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.
  • Lewdness with a child pursuant to NRS 201.230.
  • Sexual penetration of a dead human body pursuant to NRS 201.450.
  • Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.
  • Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
  • Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.

• 2. Waiting Period to Seal Your Convictions in Nevada

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  To be eligible to seal your record, Nevada requires that the following time periods elapse from whichever is latest between the date your case was officially closed, or the date all terms of your sentence were satisfied:

  • Category A Felony: 10 years
  • Crime of Violence (NRS 200.408): 10 years (defined below)
  • Burglary (NRS 205.060): 10 years
  • Category B, C or D Felony: 5 years
  • Category E Felony: 2 years
  • Enhanced Misdemeanors: 7 years
  • Non-Felony DUI: 7 years
  • Non-Felony Battery Domestic Violence: 7 years
  • Gross Misdemeanors: 2 years
  • Misdemeanor Battery (NRS 200.481): 2 years
  • Harassment (NRS 200.571) or Stalking (NRS 200.575): 2 years
  • Violation of a Temporary or Extended Order of Protection: 2 years
  • All Other Misdemeanors and Traffic Violations: 1 year

  No New Convictions During The Waiting Period

  In addition to waiting the required time periods listed above, you must also not be convicted of any new criminal offenses during this period. Additional convictions will disqualify you from sealing the conviction even if the waiting period has been satisfied.

  A "Crime of Violence" means any offense involving the use, or threatened use, of force or violence against the person or property of another; OR any felony for which there is a substantial risk that force or violence may be used against the person or property of another in the commission of the felony.

• 3. You've completed All Terms of Your Sentence

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  Like most other states, Nevada requires that you do not have any new, pending, or ongoing criminal proceedings. Simply, you must have any new criminal matters resolved prior to seeking expungement for existing criminal records. This concept should be easy to understand, but please feel free to reach out to us if you need clarification.

• 4. Payment of All Fines, Restitution, and Other Financial Obligations

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  Most of the time, you must have paid all fines, costs, restitution, and other financial obligations to qualify for expungement. In certain situations, the judge may be persuaded to grant the expungement order anyways, but this is rarely done. This should be thought as a requirement for expunging a California conviction from your record.

Legal Effect Of Sealing Your Nevada Conviction

• How Will Sealing My Nevada Conviction Help Me Get A Better Job?

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  Sealing your criminal record is currently the best way for you to improve your chances of getting a job with a Nevada misdemeanor or felony conviction. If an order sealing your records is granted, your sealed records and criminal history will be removed from general information sources, and the proceedings will be deemed to have never occurred.

  Sealed criminal records will not be destroyed, but they cannot be accessed by the general public, and will not show up in background checks for employment unless it relates to the Nevada Gaming Commission or other state licensing agencies (NRS 179.295). Unless one of these exceptions apply, a sealed Nevada record should not prevent you from passing a background check for employment, and you may legally state that you have not been arrested for the sealed criminal incident.

• Will Sealing My Nevada Arrest Record Restore My Second Amendment Rights to Own and Possess a Firearm?

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  Unfortunately, sealing convictions in Nevada does not have any effect on restoring your Second Amendment right to own a gun. Currently, the only way to restore your firearm rights in Nevada is by obtaining a pardon from the Nevada Board of Pardons Commissioner.

What You Need to Do to Get Rid of Your Record

If you are tired of having a criminal record hold you back, reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind. Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals. Using our secure, confidential Eligibility Test is the best way to get the process started.

Some of the Potential Benefits of Sealing Your in Nevada Conviction Include:

• Removing a finding of guilt and closing the case on your criminal record to help you get a better job
• Restoring your Second Amendment Rights to own a firearm
• Becoming eligible for professional licenses you previously did not qualify for
• Increased eligibility for student loans, housing assistance, and government programs
• Improving your ability to obtain higher-paying job opportunities
• Improving access and admission to college and other educational resources

We Are Here to Help

Each of Nevada's methods for dealing with your criminal record have different requirements and are meant for different circumstances. To move forward, it’s important to determine what Nevada criminal record services are available to you, and then select the services that will provide the greatest benefit. Eastman Meyler, PC is here to help you navigate this very specific area of Nevada criminal law, fight to protect your rights, and assist you in moving forward in life without the effects of a Nevada criminal record.

You can trust that you will get exceptional service from our law firm, as we have an A Rating from the Better Business Bureau, and prestigious attorney rating services such as Thompson Reuters and Avvo list our attorneys as Super Lawyers and Superb Attorneys. Our law firm has attorneys licensed to practice law in all Nevada state courts, provides low price guarantees, and is here to fight for you and put your criminal record behind you!