Achieve Your Clean Slate: Understanding the Nevada Record Sealing Process

By: REAL RECORDS Team | November 4, 2025 | Category: Record Sealing

Securing a clean slate through criminal record sealing is a life-changing process that restores opportunities for housing, employment, and education. While commonly referred to as record expungement or record clearing services, the legal term in Nevada is “sealing” a record.

The process is complex, involving strict waiting periods and detailed court paperwork. This step-by-step guide breaks down the journey, highlighting exactly where REAL RECORDS, your expert document preparation service, steps in to ensure your case is filed flawlessly.

Step 1: Determine Eligibility and Waiting Periods

Before any paperwork can be filed, you must confirm you are eligible. Eligibility is based on two main factors:

• Final Disposition: Your case must be fully closed and adjudicated (e.g., dismissed, convicted, or plea completed).
• Mandatory Waiting Period: Nevada law requires a specific amount of time to pass since the close of your case (or release from custody/parole, whichever is later). This waiting period varies greatly depending on the type of offense:

• Dismissed Cases/Acquittals: Usually eligible immediately.
• Misdemeanor Traffic Offenses: 1 year.
• Certain Gross Misdemeanors (e.g., Cat E Felonies): 2 years.
• Category C, B, or A Felonies: Can be as long as 15 years.
• Open to Sealing: Not all offenses are eligible for record sealing services (e.g., certain sexual offenses).

Step 2: Acquire Certified Criminal History Records

To prepare the necessary documents, you need an official, certified copy of your criminal history for every court where you had a case.

• Full History Required: This means obtaining records from the police department (S.T.O.P. Report) and the specific court (Justice Court, Municipal Court, District Court) that handled the offense.
• Documentation is Key: This step is crucial, as the court requires precise dates and case numbers to prove you have met the waiting period for record expungement.

Step 3: Prepare and Draft All Documents

This is where the process becomes detail-oriented and where REAL RECORDS provides essential value as a document preparation service. This step involves creating several complex documents that must be properly titled, formatted, and notarized according to Nevada court rules:

1. Petition to Seal Records: The formal request to the court, detailing the case, date of disposition, and why you are eligible.
2. Order Sealing Records: The document the Judge signs if they grant your record sealing request.
3. Affidavits and Declarations: Documents where you declare under penalty of perjury that all fines, restitution, and conditions have been met.

REAL RECORDS FOCUS: We ensure every form is accurately completed, free of common errors, and tailored to the specifics of your case, maximizing the chances of a favorable outcome.

Step 4: File the Petition with the Court

Once the documents are prepared and notarized, they must be officially filed with the court that originally handled the case.

• Filing Fees: Court filing fees must be paid at this time.
• Service: In many cases, the Petition must be served (formally delivered) to the prosecuting agency (e.g., the District Attorney or City Attorney) and the law enforcement agency involved.

Step 5: The District Attorney (DA) Review Period

After the Petition is filed and served, the prosecuting agency has a specific period (usually 30–45 days) to review the file.

• No Opposition: If the DA agrees you meet all requirements, they may file a “Non-Opposition.” The Judge can then sign the Order without a hearing.
• Opposition: If the DA files an “Opposition” (which is rare but happens), a court hearing will be scheduled.

Step 6: The Judge Reviews and Signs the Order

The final stage is the judicial review.

• Hearing (If Necessary): If a hearing is held, the Judge decides whether to grant the record sealing based on your rehabilitation efforts and eligibility.
• Order Signed: Once the Judge signs the Order Sealing Records, the record is officially sealed.

Step 7: Final Distribution of the Order

The final court-signed Order must be properly distributed to various state and local agencies (e.g., the Nevada Department of Public Safety, the FBI, police departments, and the courts) to notify them to physically seal or destroy the records.

REAL RECORDS VALUE: We guide you through every step, ensuring the documents are accurate for the initial filing and that the final order is distributed to all mandatory agencies, truly completing the process and delivering on your record clearing goal.