In Nevada, a misdemeanor 1st DUI or 2nd DUI conviction can be sealed from your criminal record seven years after the case closes. If the DUI charge gets reduced to misdemeanor reckless driving, the waiting period is only one year after the case closes.
A DUI charge that gets dismissed, which is the best-case scenario, may be eligible for sealing immediately. Meanwhile, you can never seal felony DUI convictions, which includes 3rd DUIs and DUIs causing injury or death.
When can a Nevada DUI record be sealed?
- Misdemeanor DUI conviction: 7 years after the case closes
- DUI reduced to reckless driving: 1 year after the case closes
- Dismissed DUI charge: No waiting period; you may petition immediately
- Felony DUI conviction: Cannot be sealed
What does sealing a DUI record do?
Once the court seals your DUI record:
- It is generally removed from public criminal-record searches.
- It should no longer appear on ordinary background checks.
- Prospective employers, landlords, and most members of the public generally cannot access it.
How do you get a DUI record sealed?
The Nevada record-sealing process generally involves:
- Obtaining a copy of your criminal history.
- Preparing and submitting a petition to seal the record.
- Getting the prosecutor’s approval when required.
- Submitting the petition to the court for the judge’s decision.
- Sending the signed sealing order to the agencies that maintain your criminal records.
We have helped many people navigate Nevada’s record-sealing process after a DUI arrest or conviction. We know that even an old DUI can continue to affect employment, housing, and other opportunities, so we work to identify the earliest sealing date, prepare the required paperwork, and guide clients through each step toward clearing their record.
In this article, our Las Vegas DUI lawyers discuss the following Nevada DUI record seal topics:
- 1. What are record seals?
- 2. Sealing DUI Convictions
- 3. Sealing DUI Dismissals
- 4. Sealing Reckless Driving
- 5. What is the process?
- 5. How long does it take?
- 6. Who can see sealed records?
- 8. Sealing vs. Expungement
- Frequently Asked Questions
- Additional Reading
1. What are record seals?
Criminal records, including convictions for driving under the influence, are public information in Nevada. When your record gets sealed, it is hidden from all the government databases that store criminal records. Therefore, the general public can no longer see or access your DUI conviction information.
The main benefit is that sealed records no longer appear on background checks. Prospective employers, landlords, and creditors will not know about it. Once your record is sealed, you may legally say — even under oath — that you have never had a DUI.
2. Sealing DUI Convictions
If you are convicted of a misdemeanor DUI in Nevada, you need to wait seven years after the case is closed before you may petition the court to get your record sealed. By contrast, if you are convicted of felony DUI, you may not get your record sealed at all.
Note that the waiting time to get a record seal starts when the criminal case ends, not after the arrest. A typical misdemeanor drunk driving case may be ongoing for several months or a year following the arrest.
Example: Chuck gets arrested for driving under the influence of marijuana on January 1, 2023. He ultimately pleads guilty. On January 1, 2024, the judge closes the case after Chuck provides proof he completed all the sentencing terms. Therefore, Chuck can pursue a record seal starting January 1, 2031–seven years after the case ended.
If seven years seems like a long wait time to seal a misdemeanor, it is: Most other misdemeanors in Nevada can be sealed after only one year. The long wait time is meant to reflect the gravity of DUIs. In 2023 alone, there were 135 DUI-related deaths in Nevada.1
For more information, see our article, How long does a DUI stay on your record in Nevada?
3. Sealing DUI Dismissals
If the prosecutor drops the DUI charges — and therefore, you never get convicted — you may petition to get the arrest record sealed immediately. There is no wait.2
This is one of the reasons why we fight so hard to get DUI charges dismissed. The sooner we get your record sealed, the more opportunities you have for work, housing, loans, education, professional licenses, and more.
4. Sealing Reckless Driving
If you plead to misdemeanor reckless driving as part of a plea bargain, you then have to wait only one year after the case is closed to pursue a record seal in Nevada.
Example: In 2022, Diana was arrested in Nevada for driving under the influence of prescription drugs. Her attorney worked out a plea bargain whereby the DUI charges were reduced to reckless driving.
In 2023, the judge closed the case after Diana completed all the sentence terms. Diana should have been able to get the record sealed one year later in 2024. Had she not gotten the DUI charges reduced to reckless driving, she would instead have to wait seven years until 2030.
We forewarn DUI clients that it is always an uphill battle to get DUI charges reduced or dismissed. This is because Nevada law prohibits the court from reducing or dismissing charges unless the prosecutor lacks sufficient evidence to prove guilt beyond a reasonable doubt.3
Therefore, part of our job is to try to find that reasonable doubt by poring over the police report, surveillance videos, forensic evidence, and witness statements. If we can convince prosecutors their case has too many weak links to support a conviction, they may agree to lessen or drop the DUI charge.
5. What is the process?
First, we get a copy of your police records (called a “SCOPE”) and then compose a “petition to seal,” which we deliver to the prosecutors. Assuming they sign off on it, we then provide the petition to the judge.
In some cases, judges hold hearings before deciding whether to grant your petition. If the judge ultimately grants your petition and issues an order to seal, we mail a copy of it to every state agency that has your records.
This process is time-consuming, complicated, and tedious, which is why it is recommended that you retain experienced counsel to handle all the paperwork. Otherwise, it is easy to make little mistakes that could jeopardize ever getting the record sealed.
Your application should go through if it is done correctly. If the court denies your record seal application, you have to wait another two years before making a final bid to seal the record.4
6. How long does it take?
The Nevada record seal process takes several months. Sometimes even a year.
In our experience, much of this time is spent waiting for government agencies and courts to process records, review the petition, and return the necessary documents. Delays can happen, so we recommend starting the record sealing process as soon as you become eligible.
We know the record seal process is over when we receive the confirmation letter from the Nevada Criminal History Repository.
7. Who can see sealed records?
Certain agencies, such as the Nevada Gaming Control Board, may access your sealed criminal record to determine your fitness to hold a gaming license. Also, prosecutors or other people involved in the DUI incident may petition the court to open the records to find information relevant to their case.5
From what we hear from clients, federal background checks involving providing your fingerprints often turn up sealed records.
8. Sealing vs. Expungement
Nevada law never uses the word “expungement,” only “sealing.” No Nevada records can be “expunged.”
The meaning of “expungement” varies from state to state. In California, for instance, an expungement updates a criminal record to show that probation is completed and the charge is dismissed.6
Frequently Asked Questions
How long does a DUI stay on your record in Nevada?
A misdemeanor DUI conviction must generally remain on your Nevada criminal record for seven years after the case closes before you can petition to have it sealed. A felony DUI conviction cannot be sealed. If the DUI charge is dismissed, however, you can generally petition to seal the record immediately.
Can a first DUI be sealed in Nevada?
Yes. A first-offense misdemeanor DUI can generally be sealed seven years after the case closes. The seven-year period begins when the criminal case is completed, not on the date of your arrest.
Can a second DUI be sealed in Nevada?
Yes, provided the second DUI is a misdemeanor. Like a first DUI, a misdemeanor second DUI can generally be sealed seven years after the case closes. Felony DUI convictions are not eligible for record sealing.
Can I seal a DUI arrest if I was never convicted?
Generally, yes. If your Nevada DUI charge was dismissed and you were not convicted, there is no waiting period to petition to seal the arrest record. Sealing the record can prevent the dismissed DUI case from continuing to appear in ordinary background checks.
Can I seal a DUI that was reduced to reckless driving?
Yes. If your DUI charge was reduced to misdemeanor reckless driving, you can generally petition to seal the record one year after the case closes. This is significantly shorter than the seven-year waiting period for a misdemeanor DUI conviction.
Can a felony DUI ever be sealed in Nevada?
No. Nevada does not permit felony DUI convictions to be sealed. This includes convictions for a third DUI within seven years and DUI causing substantial bodily harm or death. However, if a felony DUI charge is dismissed without a conviction, the record may generally be eligible for immediate sealing.
Will a sealed DUI show up on a background check?
Generally, a sealed DUI should no longer appear on ordinary criminal background checks available to employers, landlords, creditors, or the general public. Certain government agencies and other authorized parties may still be able to access sealed records in limited circumstances.
Can employers see a sealed DUI in Nevada?
Most employers cannot access a DUI record after it has been sealed. Nevada generally allows you to deny the existence of the sealed arrest or conviction, including when answering questions about your criminal history. Certain government, law-enforcement, gaming, and other positions may involve exceptions.
Does sealing my DUI restore my driving record?
No. Sealing a criminal DUI record is different from changing your Nevada DMV driving record. A record seal concerns your criminal history and does not erase the DUI from DMV records or undo driver’s-license penalties that have already been imposed.
Do I need a lawyer to seal a DUI record in Nevada?
Nevada law does not require you to hire an attorney to petition for a record seal. However, the process involves obtaining your criminal history, preparing the appropriate petition and supporting documents, submitting them to the appropriate agencies and court, and distributing the signed sealing order. An attorney can handle these steps and help identify issues that could delay or prevent a seal.
Additional Reading
For more information, refer to our related articles:
- What Nevada convictions can never be sealed? – Overview of which convictions must remain on your record forever.
- 10 ways sealed records differ from Governor’s pardons in Nevada – A comparison and contrast.
- How to seal domestic violence criminal records in Nevada – Guide for how to clear misdemeanor BDV convictions.
- How much does it cost to seal my criminal record in Nevada? – Deep dive into the costs associated with record seals.
- “Seal” Your Criminal Record in Nevada – The 5 Steps – Thorough explanation of Nevada’s record seal process.
