All Nevada criminal records are eventually sealable except convictions for either (1) felony DUI, (2) felony BUI, (3) invasion of the home (NRS 205.067) with a deadly weapon, (4) certain crimes against children, and (5) sex crimes.
These convictions remain on your criminal record forever in the state of Nevada. Though if the charge gets dismissed or if you get an acquittal, you can pursue a record seal right away.1
1. Felony DUI
There are four types of felony cases for driving under the influence:
- A third DUI within seven years of the first one, even if it causes no injuries (NRS 484C.400);
- Any DUI following a prior felony DUI (NRS 484C.410);
- DUI causing injury or death (NRS 484C.430); and
- Vehicular homicide, which is a fatal DUI following three prior DUI convictions (NRS 484C.440)
Convictions for these felony drunk driving / drugged driving cases can never be sealed.
Note that misdemeanor DUI convictions are sealable seven years after the case closes. Misdemeanor DUIs comprise first-time DUIs and second-time DUIs (within seven years of the first one).
2. Felony BUI
Like DUI, BUI (boating under the influence) can be charged as a misdemeanor or a felony. Also like felony DUI convictions, felony BUI convictions many never be sealed. (NRS 488.420-.428)
Meanwhile, a misdemeanor boating under the influence charge can be sealed one year after the case ends.
3. Home invasion with a deadly weapon
Invasion of the home is when you forcibly enter a dwelling without being allowed by the lawful occupant or owner. It does not matter whether there are people present in the dwelling during the alleged intrusion.
If you had a deadly weapon, then a conviction cannot be sealed. Examples of deadly weapons include knives, guns, or other objects used to inflict injury (such as a brick or lead pipe).
A conviction of home invasion without a deadly weapon can be sealed five years after the case ends.
4. Crimes against children
Convictions of the following five crimes against minors under 18 can never be sealed in Nevada:
- Kidnapping, unless you are the child’s parent or guardian (NRS 200.310-.340)
- False imprisonment, unless you are the child’s parent or guardian (NRS 200.460)
- Involuntary servitude, unless you are the child’s parent or guardian (NRS 200.4631)
- Sex trafficking (NRS 201.300)
- Prostitution (NRS 201.320-.395)
In addition, convictions of an attempt to commit either of these five crimes may never be sealed.
5. Sex crimes
Convictions of the following sexual offenses can never be sealed in Nevada:
- Sexual assault / rape (NRS 200.366)
- Felony statutory sexual seduction (NRS 200.368)
- Child sexual abuse or sexual exploitation (NRS 200.508)
- Incest (NRS 201.180)
- Child pornography (NRS 200.710-.730)
- Battery with intent to commit sexual assault (NRS 200.400)
- Sexual conduct between teachers or school employees (NRS 201.540-.550)
- Lewdness with a child (NRS 201.230)
- Felony open or gross lewdness (NRS 201.210)
- Felony indecent exposure (NRS 201.220)
- 1st-degree murder if perpetrated during sexual assault, sexual abuse, or sexual molestation of a child less than 14 (NRS 200.030(1)(b))
- Sexual penetration of a human corpse (NRS 201.450)
- Felony luring a child or mentally ill person (NRS 201.560)
- Administering drugs to a person to enable one of the aforementioned crimes (NRS 200.405-.408)
In addition, convictions of an attempt to commit either of the above offenses may never be sealed.
Record sealing wait times
Whenever you get charged with an unsealable offense, your criminal defense attorney should attempt to get your criminal charges dropped or lessened to a sealable offense. The waiting period to seal records under NRS 179.245 depends on the seriousness of the crime:
| Nevada criminal conviction |
Waiting time for a record seal (after the case closes) |
| Most misdemeanors | 1 year |
| Gross misdemeanors, category E felonies, and misdemeanor battery, harassment, stalking, or violation of a protection order | 2 years |
| The majority of category D felonies, category C felonies, and category B felonies | 5 years |
| Misdemeanor DUI and misdemeanor battery domestic violence | 7 years |
| Category A felonies, burglary of a residence, and felony crimes of violence | 10 years |
The record seal process
The process of getting a Nevada record seal takes several months. Plus each court has its own procedures.
For instance, municipal court has different procedures than district court, and the paperwork in Henderson may be different than in North Las Vegas or elsewhere in Clark County. You are advised to hire a criminal defense attorney to handle everything – most offer consultations to discuss the process.
Ultimately, a judge will issue a court order to seal, and it is your responsibility to mail a copy to every agency that has your criminal records, including
- the Central Repository of the Nevada Department of Public Safety in Carson City,
- the arresting law enforcement agency / police department in your case, and
- the district attorney (prosecuting attorney) in your case.2
What record seals cannot do
Sealing does not restore gun rights under Nevada law. Only pardons can do that.3
Although sealed records do not appear on future background checks, certain agencies can see sealed criminal history reports. For instance, the Gaming Control Board can see certain sealed criminal records of people who apply to work there.
Finally, the Nevada Revised Statutes never mentions expungement, just record sealing. Though expunging and sealing are essentially the same thing.
Legal References
- NRS 179.245. NRS 179.255.
- See, for example, Clark County District Attorney Sealing of Records Handbook.
- See NRS 213.005 – NRS 213.100. See, for example: Jerrell v. Las Vegas Metropolitan Police Department (Nevada Court of Appeals, 2021) 480 P.3d 270; Pohlabel v. State (2012) .
