Practice Area - Record Sealing
What Comes Next.
A criminal conviction on your record affects employment, housing, professional licensing, and more. Nevada law gives many people the right to seal that record. If you are eligible, there is no good reason to wait.
Record Sealing
in Nevada
A criminal record follows you in ways that have nothing to do with your sentence. Long after you have paid your fines, completed your probation, and put your case behind you, that record shows up on background checks. Employers see it. Landlords see it. Licensing boards see it. It affects jobs you apply for, apartments you try to rent, and professional licenses you are trying to keep or obtain.
Nevada’s record sealing law, codified in NRS Chapter 179, gives eligible individuals the right to have that record sealed. A sealed record is not destroyed, but it is removed from public view. For most purposes, including most employment applications and background checks, a sealed record does not need to be disclosed and is treated as though it does not exist. That is a meaningful change in your life.
Sealing your record is not about hiding something. It is about making sure that a mistake, or a case that should never have been charged in the first place, does not follow you forever. Nevada law recognizes that people move on. Kelsey helps make that official.
Kelsey handles record sealing petitions across Northern Nevada. She reviews your eligibility, prepares and files the petition, and handles the court proceedings so you do not have to navigate the process alone. If you are not sure whether you are eligible, the first step is a conversation.
Who Can Seal
Their Record in Nevada
Eligibility to seal a criminal record in Nevada depends on two things: what you were convicted of, and how long ago the case was resolved. Both requirements must be met before a petition can be filed.
The waiting period begins when the case is closed. That means when the conviction is entered, probation ends, or the sentence is discharged, whichever comes last. If you were arrested but not convicted, a separate and shorter process applies.
Cases That Can Be Sealed
Most Nevada convictions are eligible for sealing after the appropriate waiting period. This includes misdemeanors, gross misdemeanors, and all felony categories including Category A — provided the specific offense is not among the narrow list of permanently excluded crimes. The following types of convictions can be sealed:
- Misdemeanor convictions, including first-offense DUI
- Gross misdemeanor convictions
- Category E, D, C, and B felony convictions
- Category A felony convictions, after a 10-year waiting period from release from custody or discharge from parole or probation, whichever is later
- Drug-related convictions, including possession and some trafficking offenses
- Theft, fraud, and certain white collar offenses
- Cases resolved through diversion or deferred sentencing
Cases That Cannot Be Sealed
Nevada law permanently bars sealing for a specific and limited set of offenses. The permanent bar applies regardless of the felony category and regardless of how much time has passed:
- Any conviction for a crime against a child
- Any conviction for a sexual offense
- Home invasion with a deadly weapon
- Felony DUI
- DUI causing death or substantial bodily harm
- Homicide by vessel
Not Sure About Your Case?
The eligibility rules have specific exceptions and the statutes are detailed. If you are not certain whether your conviction qualifies, Kelsey can review your case and give you a straight answer about where you stand.
Waiting Periods
by Offense Category
The Record Sealing
Process in Nevada
Sealing a Nevada criminal record is a court process. It is not automatic, and it is not simply a matter of filling out a form and waiting. There are procedural requirements, notice obligations, and a hearing at which the judge has discretion to grant or deny the petition. Having an attorney handle this process correctly from the start matters.
Step One: Confirm Eligibility and Gather Records
Before filing anything, Kelsey confirms that the waiting period has run, identifies every relevant case across every court where you may have had prior contact, and obtains the complete official records for each. This step matters because a petition that overlooks a prior case, or is filed before the waiting period has fully run, can be denied and may start the clock over on certain waiting periods.
Step Two: Prepare and File the Petition
The petition is filed in the district court of the county where the conviction occurred, along with a supporting declaration setting out the grounds for sealing and demonstrating that the statutory requirements are met. Kelsey prepares these documents carefully, because the petition sets the foundation for everything that follows.
Step Three: Notify the District Attorney
Nevada law requires that the district attorney’s office be notified of the petition and given the opportunity to object. In most straightforward cases the DA does not object, but in cases involving more serious convictions or where there are victim notification requirements, this step requires careful handling.
Step Four: The Court Hearing
The judge holds a hearing on the petition and has discretion to grant or deny it based on the circumstances of the case and the petitioner’s conduct since the conviction. Kelsey prepares you for this hearing, presents the case for sealing, and responds to any objections that are raised. The judge looks favorably on petitioners who can demonstrate rehabilitation, stable employment, community ties, and the absence of subsequent criminal history.
Step Five: After the Order Is Granted
Once the court grants the petition, the order is distributed to law enforcement agencies, courts, and relevant databases directing them to seal their records. This process takes time, typically several weeks, and Kelsey follows up to confirm that the sealing has been properly implemented across all the relevant agencies.
What Sealing Your Record
Actually Does
Understanding what record sealing accomplishes, and what it does not accomplish, is important before you go through the process. Kelsey walks every client through both sides of this clearly.
What Sealing Does
Once a record is sealed, it is removed from public view. For most purposes, including employment applications, housing applications, and most licensing inquiries, the sealed conviction does not need to be disclosed. Nevada law provides that a person whose record has been sealed may lawfully state that they have not been arrested or convicted of the offense to which the sealing applies. Background check services that comply with Nevada law will not return the sealed record in their results.
The practical effect is real. Employers who run standard background checks will not see the sealed conviction. Landlords running tenant screening checks will not see it. Many professional licensing boards will not have access to it. For most people, sealing means that a past mistake stops being the first thing anyone learns about them.
What Sealing Does Not Do
Sealing is not expungement. In Nevada, sealed records are not destroyed. They are moved out of public access but they continue to exist in law enforcement systems. Certain entities retain the right to access sealed records even after sealing:
- Law enforcement agencies, for law enforcement purposes
- Courts, for sentencing purposes in future proceedings
- The Nevada Gaming Control Board and related licensing authorities
- Certain federal agencies and employers requiring federal security clearances
- Employers in some regulated industries where access to sealed records is specifically authorized
If you are applying for a position that requires a federal background check, a gaming license, or a security clearance, Kelsey will give you a clear-eyed assessment of what sealing will and will not accomplish for your specific situation before you invest time and money in the process.
A sealed conviction can also be unsealed by court order in limited circumstances, including if you are subsequently charged with a new crime. Kelsey explains all of this upfront so there are no surprises.
Sealing Arrest Records
Without a Conviction
An arrest without a conviction still creates a record, and that record shows up on background checks. If you were arrested but the charges were dismissed, you were acquitted at trial, the case was resolved through diversion with no conviction entered, or the charges were never filed, you may be eligible to seal the arrest record. The process and the waiting periods are different from post-conviction sealing, and in many cases the path is shorter and more straightforward.
When You Can Seal an Arrest Record
If charges were never filed, you can petition to seal the arrest record immediately. If charges were filed but dismissed, the waiting period depends on the category of offense that was charged. In most cases involving dismissed charges, the waiting period is measured from the date of dismissal. If you completed a diversion program successfully and no conviction was entered, you may be eligible to petition for sealing at the conclusion of the program.
Why This Matters
People often assume that if they were not convicted, the arrest does not matter. It does. Arrest records appear on many background checks. Some employers, landlords, and licensing boards specifically ask about arrests, not just convictions. An arrest for a serious offense, even one that was ultimately dismissed, can affect employment opportunities and professional licensing in ways that feel deeply unfair when the charges never resulted in a conviction.
Sealing an arrest record removes it from public access and allows you to legally represent that the arrest did not occur for most purposes. If you were arrested but not convicted, it is worth finding out whether your record qualifies for sealing. Kelsey offers consultations to evaluate your options and give you a straight answer about what is available to you.