Nevada Expungement

Sealing of Nevada Records

The state of Nevada does not have a statute for expunging criminal convictions. As a result, only a few people are eligible to have their records sealed. This means that the state of Nevada does not have expungement; however, Nevada jurisdiction does provide record sealing instead. In other states, expungement is the legal erasure of the record and all evidence of the offense, allowing the individual to claim that the offense never occurred. Access to public reason and law enforcement services is also barred by expungement. The process of sealing records is not very extensive. Sealed records only deny access to specific individuals while allowing law enforcement and government agencies access. Individuals who have been discharged honorably pursuant to NRS 176A.850 may have their criminal records sealed. All convictions can be used in future convictions, license and permit applications, impeachment proceedings, and applications for public employment in these circumstances.

Eligibility for Record Sealing

Those convicted of crimes are eligible for record sealing after certain time periods. These time periods are determined by the gravity of the offense and can last several years. If a person has not been charged with a crime or is awaiting conviction, he or she must wait until the court specifies when application is permitted. Minor infractions cannot be sealed. According to Nevada Law 179.259, those who have completed reentry programs can have their records sealed. All those who have been arrested but later had their charges dropped or acquitted may have their records sealed.

After the age of twenty-one, juveniles are eligible for sealing. Juvenile delinquents who would have been charged as adults with a felony offense may not petition for record sealing until the age of thirty, rather than twenty-one. Sexual assault, threatening by force or violence, battery with the intent to commit sexual assault, and lewdness involving a child are among the felonies. With the exception of traffic violations, sealing is only possible for these individuals if no further charges exist after the age of twenty-one.

The Record Sealing Method

With a few exceptions, most juvenile offenses in Nevada are automatically sealed when an individual reaches the age of twenty-one. In adult cases involving sexual assault, these include delinquency for an act that would otherwise be charged as a felony, battery with the intent to commit sexual assault, threatening by force or violence, and lewdness involving a child. To have juvenile records automatically expunged, the individual must have no adjudicated records.

Individuals who are eligible for record sealing in adult cases must petition the court where the case was handled and where the records are kept. All Section 179.245 petitions must include current criminal history records, the Central Repository for Nevada Records of Criminal History, and the name of the local law enforcement agency in the city or county where the conviction occurred. Even if the individual is eligible, the court has the authority to deny the petition.

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