Nevada Record Sealing vs. Expungement: What’s the Difference?
Many people use the term “expungement” when they mean “record sealing,” but in Nevada, the two concepts are different — and understanding that distinction matters. Nevada does not offer traditional expungement, which would destroy criminal records entirely. Instead, Nevada law allows eligible individuals to seal their criminal records, which removes them from public view while preserving them in sealed government files accessible only under specific circumstances, such as a subsequent criminal proceeding.
A sealed record is not visible to most employers, landlords, licensing boards, or members of the public. For most practical purposes, a sealed criminal record is as if the conviction or arrest never occurred. At Marathon Law Group, our Las Vegas criminal defense attorneys have helped countless clients navigate the Nevada record sealing process and move forward with their lives.
Which Convictions Qualify for Record Sealing in Nevada?
Nevada’s record sealing law is found primarily in Nevada Revised Statutes Chapter 179. Most criminal convictions are eligible for sealing after the applicable waiting period has passed, with some significant exceptions. Categories of offenses that are generally not eligible for record sealing include: crimes against children, sexual offenses requiring registration on the sex offender registry, certain felony DUI offenses, and crimes involving substantial bodily harm under specific circumstances.
Most other convictions — including many drug offenses, theft charges, battery, trespassing, and a wide range of misdemeanors and felonies — may be sealable after the appropriate waiting period. Arrests that did not result in conviction are generally sealable immediately or after a shorter waiting period. If you are unsure whether your record qualifies, speaking with a criminal defense attorney is the best way to get a definitive answer based on your specific situation.
Arrests Without Conviction
If you were arrested but never charged, or if the charges against you were dismissed, you may be eligible to have those arrest records sealed without waiting for a lengthy period to expire. These records can appear in background checks and harm employment prospects even though they did not result in a conviction. Sealing them promptly can be an important step in protecting your reputation and opportunities.
Waiting Periods by Crime Category in Nevada
Nevada law establishes specific waiting periods before a person can petition for record sealing. The waiting period begins after the case is closed — meaning after you have completed your sentence, probation, or any other conditions of your conviction. Here is a general overview of waiting periods under current Nevada law:
Category A and B Felonies: 10 years. Category C, D, and E Felonies: 5 years. Gross Misdemeanors: 2 years. Misdemeanors: 1 year (with some exceptions for DUI and domestic violence offenses). Drug Possession (First Offense, NRS 453.336): 1 year. These waiting periods are subject to change as Nevada’s legislature periodically revises record sealing statutes. An attorney can confirm the current applicable waiting period for your specific offense.
What Does Sealing Your Record Actually Do?
Once a court grants a petition to seal records, the conviction or arrest is removed from publicly accessible databases, including those used by most employers conducting background checks. Nevada law provides that a person whose record has been sealed may lawfully answer “no” when asked on job applications, rental applications, and most licensing forms whether they have ever been convicted of a crime. This can open doors to housing, employment, professional licenses, and educational opportunities that might otherwise have been closed.
However, a sealed record is not completely eliminated. Law enforcement, courts, gaming regulators, certain federal agencies, and other specified entities may still access sealed records in particular circumstances. A sealed record may also be considered in future criminal proceedings. Your attorney can explain exactly what a sealed record will and will not protect you from in your specific situation.
Can a Sealed Record Be Unsealed?
Yes, under certain circumstances. A court can order a sealed record to be unsealed, typically in connection with a subsequent criminal case. This is another reason why sealing is not the same as permanent destruction of a record — but for most people seeking to move forward with their lives, the practical benefits of sealing are substantial and meaningful.
How to Petition for Record Sealing in Clark County
The record sealing process in Nevada involves several steps. First, you or your attorney must obtain a complete copy of your criminal history from the Nevada Repository of Criminal History. Next, you review the history for accuracy and identify all offenses for which sealing is sought. Your attorney then prepares the formal petition to seal records and files it with the appropriate Clark County court. The petition is served on the relevant law enforcement agencies, district attorney’s office, and other parties who have the right to object. If no objection is filed, or after a hearing if one is requested, the judge considers the petition and may grant the order to seal.
The process requires attention to detail and an understanding of Nevada’s specific procedural requirements. Having an attorney handle the petition maximizes the chance of success and avoids procedural mistakes that could delay or derail your case.
Benefits of Sealing Your Record in Las Vegas
A sealed criminal record can transform your future. Employers in Nevada’s major industries — gaming, hospitality, construction, and healthcare — routinely conduct background checks, and a conviction can disqualify you from positions you are otherwise qualified to fill. Landlords use background checks to screen applicants, making housing harder to find with a criminal record. Professional licensing boards may deny or revoke licenses based on criminal history. Sealing your record removes these obstacles and allows you to compete on a level playing field.
Our attorneys understand how important this process is to our clients. We treat every record sealing case with the same dedication we bring to our most complex litigation. Learn more about our approach to criminal defense and other practice areas, or read about why clients choose Marathon Law Group.
Contact Marathon Law Group for a Free Consultation
If you have a criminal conviction or arrest record in Nevada and want to understand whether you qualify for sealing, Marathon Law Group is ready to help. We offer free consultations, and our experienced Las Vegas criminal defense attorneys will review your history and explain your options clearly.
Call us today: (702) 522-1808. Marathon Law Group · 2012 Hamilton Ln · Las Vegas, NV 89106 · marathonlawgroup.com.