Record Sealing Eligibility

Nevada Record Sealing: Comprehensive Guide to Eligibility and Waiting Periods (NRS 179.245)

This guide provides a detailed overview of the requirements for sealing criminal records in Nevada. The process is governed by the **Nevada Revised Statute (NRS) 179.245**. To successfully begin, you must meet two foundational requirements: your offense must be sealable, and you must have completed the mandatory waiting period.

Disclaimer: This information is for educational purposes only and is not legal advice. Eligibility is complex, and a detailed review of your specific case by a professional is always recommended.

1. General Case Requirements: Is Your Offense Sealable?

Before any time period is considered, the conviction itself must fall under the list of sealable offenses. NRS 179.245 establishes strict limits on which crimes can be erased from public view. Generally, crimes involving certain violent acts, abuse, or serious sexual offenses are permanently excluded.

Eligible Offenses: Most misdemeanors, gross misdemeanors, and felonies (Categories B, C, D, and E) are potentially eligible. The vast majority of drug offenses, petty larceny, and DUI convictions are sealable after the appropriate time has passed.
Mandatory Exclusions: You are not eligible if your conviction was for an offense involving:
- A crime against a child (abuse, neglect, or sexual offenses).
- Homicide or attempted homicide.
- Certain offenses requiring registration as a sex offender.
- Driving Under the Influence (DUI) offenses resulting in death or serious bodily injury.
Completion of Sentence: You must have successfully completed every term of your sentence. This includes not only jail or prison time, but also probation, parole, restitution, and the payment of all court-ordered fines**. The clock for the waiting period does not begin until the moment the case is officially CLOSED (i.e., you are released from parole/probation or pay the final fine).
Current Legal Status: You must certify that you do not have any criminal charges currently pending against you in any jurisdiction, state, or federal.

2. Statutory Waiting Periods: The “Time Since Case Closure” Rule”

The time you must wait is calculated from the date your case was officially closed, not the date of your arrest or conviction. The period is dictated entirely by the severity of the offense and is a strict statutory requirement. Be sure to identify the correct category for your charge to avoid filing too early.

Immediate Sealing (No Waiting Period): This applies to cases resulting in a Finding of Not Guilty, an Acquittal, or an Official Dismissal of the charges. If the charges were simply dropped, you may be eligible to proceed immediately.
One Year: Specific misdemeanor convictions related to **Possession of Marijuana** (under one ounce) and certain non-traffic misdemeanors.
Two Years: All Misdemeanors (excluding traffic) and simple Battery charges without the use of a deadly weapon.

Four Years: Gross Misdemeanors not related to violence, and all Category D and E Felonies. These are typically low-level non-violent felonies.
Five Years: Category B and C Felonies. This includes more serious non-violent crimes like grand larceny, certain drug trafficking offenses, and specific financial crimes.
Twelve Years: Gross Misdemeanors related to a crime of violence, plus all other serious Category A Felonies. This is the longest waiting period and applies to the most severe sealable offenses.

Reference: Nevada Revised Statute (NRS) 179.245 governs the sealing process and waiting periods, but specific exceptions exist for offenses like domestic violence and crimes committed by minors. Always consult the official statute.

Understanding your exact waiting period is the most critical step. If you file one day too early, the court will automatically reject your Petition to Seal, often requiring a new filing fee and significant delay.