Court Permitted to Seal Criminal Records
Many people want to know if they can have their criminal records sealed. If you have trouble finding a job or housing, then your criminal record may be holding you back. Nevada Revised Statutes allow courts to seal criminal records, provided that certain conditions are met and that the court is satisfied that the subject has been properly rehabilitated. A procedure in which a criminal record is physically withdrawn from public view and its distribution is restricted or substantially limited is known as sealing criminal records. The sealing of records prevents the public from accessing criminal record information. This is true except for employees of the Repository for record management and authorized parties or agencies as required by Nevada Revised Statutes.
Waiting Period
There is a waiting period before criminal records can be sealed. Some arrests, like those for sexual offenses, cannot be sealed. Please refer to the following statutes for more information.
Table with description and statutes
Statute | Statute Description |
---|---|
179.245 | Having a record Sealed after a conviction |
179.255 | After charges acquittal or dismissal, seal records |
179.275 | Orders to seal criminal records – distribution, compliance |
179.285 | Restoration of Civil Rights – Order sealing records |
179.295 | Sealed records can be reopened |
179.301 | Certain agencies may inspect sealed records |
179A.160 | Removing records if the case disposition favors the accused |
193.130 | Punishment for felonies |
193.140 | Penalties for gross misdemeanors |
193.150 | Punishment for misdemeanors |
453.3365 | Sealing records of people convicted of possessing controlled substances not for sale |
484.379 | Non-felony arrests for DUI sealed in association with NRS.179.245 |
202.360 | Penalties for firearm ownership or possession by certain individuals |
Procedures to Seal Nevada Criminal History Records
There are different procedures to seal Nevada criminal history records depending on the county in which the offense occurred. Contact the court where your arrest took place to petition for a court order to seal your criminal history record. You will need a copy of your Nevada criminal record to complete the court forms.
Individual Requests To Seal Criminal Records
A person may ask a court to seal criminal records regarding arrests, criminal convictions, acquittals, and dismissals. This information includes sample forms and is intended to provide information about the law and the procedures used by prosecutors to petition a court for records to be sealed of arrest, conviction, or dismissal.
An order to seal criminal records does not allow for the expungement of records. This order removes the criminal records from information sources but does not authorize them to be destroyed. A record sealed under statute can be later used in certain situations. (See NRS179.295 & 179.301).
Further, even though a court may require that certain agencies of criminal justice located outside of Nevada comply with the order, they are not required to do so. These records may not be deleted from their record entry systems.
What Is The Average Time Required
This process can take anywhere from 2 to 4 months to complete, depending on how accurate all information is on the Court Order.
If you or a family member needs help to seal criminal records, please contact our office right away. You can use our form to check your eligibility to have your criminal records sealed. We have helped many others get their lives back on track by having their records sealed and we can help you too. Read about DUI and DWI Crimes Defense.