Nevada Record Sealing: Who Qualifies and What SB 317 Changed
Nevada calls it sealing, not expungement. SB 317 (2019) expanded eligibility significantly. Learn who qualifies, waiting periods, and how to file under NRS Chapter 179.
If you have been searching for "Nevada expungement," you may have come away confused. Nevada does not call it expungement. The state calls it record sealing, and the process is governed by NRS Chapter 179. The good news: Nevada is actually one of the more generous states in the country when it comes to who can get their record sealed. And a major 2019 law — Senate Bill 317 — reduced waiting periods and expanded eligibility in ways that matter for a lot of people. This guide explains who qualifies, how long you have to wait, and what the process looks like.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
What SB 317 changed — and why it matters for you
Before 2019, Nevada's record sealing law was significantly more restrictive. Senate Bill 317 made three important changes:
- Reduced waiting periods across multiple offense categories — in some cases cutting wait times in half
- Expanded eligibility to include certain violent felonies that previously had no path to sealing, provided enough time has passed
- Simplified the process for arrests and charges that did not result in a conviction — many of these can now be sealed immediately
If you looked into Nevada record sealing before 2019 and were told you did not qualify or had to wait longer than expected, that answer may no longer be accurate. Nevada's waiting periods under current law are meaningfully shorter.
What "sealing" means in Nevada — and what it does not mean
When Nevada seals a record, the law treats it as though the arrest or conviction never occurred. That is the language the statute uses. You can legally answer "no" on most job applications, housing applications, and other forms that ask about criminal history.
For most practical purposes — applying for jobs, renting an apartment, applying for credit — a sealed Nevada record will not show up. Standard background checks run by employers and landlords will not find it.
What sealing does not cover
- Federal background checks — the FBI national database is separate from Nevada state records. Federal employment, federal housing, and certain federal licenses may still surface the record.
- Federal firearms rights — a Nevada sealing order does not restore federal firearm rights lost due to a felony conviction. Nevada state law may restore gun rights, but federal law governs federal background checks for gun purchases.
- Gaming industry — Nevada gaming control background checks are highly thorough. A sealed record may still be reviewed by gaming regulators for licensing purposes.
- Law enforcement employment — agencies can access sealed records when reviewing applicants for law enforcement positions.
- Sex offenses requiring registration — sealing does not remove the obligation to register as a sex offender if that requirement was imposed.
- Private background check companies — they are not automatically notified by the court. You may need to send a copy of the sealing order directly and request removal.
- Immigration consequences — a sealing order does not eliminate potential immigration consequences of a criminal conviction. Consult an immigration attorney if you are not a U.S. citizen.
Despite these limits, sealing removes the record from the background checks that most employers, landlords, and licensing boards rely on. For most people's daily lives, that is exactly the relief they need.
Nevada's marijuana sealing — a separate automatic process
If your record involves marijuana, Nevada has a separate — and faster — path under NRS 453D. Nevada legalized recreational marijuana in 2017. If your only conviction was for a marijuana offense that is now legal under NRS Chapter 453D, you may qualify for automatic sealing without filing a petition.
The Nevada courts and the Office of the District Attorney in Clark County have both worked on batch processes to seal marijuana convictions automatically. If your conviction involved marijuana possession in amounts now legal, check with the court where you were convicted to see if your record has already been sealed.
Who qualifies — and who does not
Nevada is notable for allowing sealing of some violent felonies, given enough time. That distinguishes it from many states that permanently exclude violent offenses. But there are still categories that can never be sealed.
May qualify
- Most misdemeanors, after 1 year from sentence completion
- Gross misdemeanors, after 2 years
- Category E felonies (lowest felony tier), after 7 years
- Category D felonies, after 12 years
- Category C felonies, after 12 years
- Some Category B felonies, after 15 years
- First-offense DUI, after 7 years
- Arrests with no conviction — immediately after case closure
- Marijuana offenses that are now legal — automatic process under NRS 453D
Generally does not qualify
- Sex offenses requiring registration under NRS Chapter 179D
- Crimes against children
- Murder and attempted murder
- Kidnapping (first degree)
- Sexual assault
- Felony DUI causing substantial bodily harm or death
- Second or subsequent DUI convictions
- Any conviction where you are currently on probation, parole, or supervision
- Conviction for an offense committed while the previous petition was pending
This reflects Nevada law as amended by SB 317 (2019). Some specific offenses within these general categories have unique rules. If you are unsure whether a specific charge qualifies, the Nevada Supreme Court Law Library or a legal aid organization can help you look it up.
How long you have to wait
Nevada's waiting periods start on the date your sentence was fully completed — not your arrest date and not your conviction date. "Completion" means the last thing you owed: end of probation or parole, final payment of fines and restitution, completion of any required treatment or community service.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Misdemeanor (most)
Clock starts: Sentence completion date
Includes completion of probation, payment of fines, and any supervision.
Gross misdemeanor
Clock starts: Sentence completion date
Gross misdemeanors are a separate category in Nevada, between misdemeanor and felony.
Category E felony
Clock starts: Sentence completion date
Category E is the lowest felony category in Nevada — many drug and nonviolent offenses.
Category D felony
Clock starts: Sentence completion date
Category C felony
Clock starts: Sentence completion date
Category B felony
Clock starts: Sentence completion date
Some Category B offenses are permanently ineligible. Check the excluded list carefully.
DUI (first offense)
Clock starts: Sentence completion date
Second and subsequent DUI convictions are not eligible for sealing.
Arrest with no conviction
Clock starts: Date charges were dismissed, acquitted, or declined
You can petition right away once the case closes without a conviction.
The filing process, step by step
Nevada's record sealing process is petition-based. You file with the district court in the county where you were convicted. Clark County (Las Vegas) has the most detailed public resources because of the volume of filings, but every Nevada district court handles these petitions.
How to file a petition to seal records in Nevada
- 1
Get your Nevada criminal history
1–2 weeks$25Order your official Nevada criminal history record from the Nevada Repository of Criminal History Information (part of the Nevada Department of Public Safety). This shows every arrest and conviction in Nevada. You need it to confirm your eligibility and to attach to your petition.
Request online at dps.nv.gov or by mail. The official record shows the exact charges and disposition dates you will need.
- 2
Get your court records
1–5 daysVaries — typically $0.10–$1.00 per pageContact the district court in the county where your conviction occurred and request certified copies of your case documents: the judgment of conviction, sentencing order, and any probation discharge paperwork. These documents show your charge and sentence completion date.
Clark County (Las Vegas) has a well-documented process at clarkcountycourts.us. Washoe County (Reno) uses washoecourts.us. Call ahead to confirm their current procedures.
- 3
Get the petition form
30 minutesFreeDownload the official Petition to Seal Records form from the Nevada Supreme Court Law Library or the court where you were convicted. Nevada uses a statewide form. Make sure you are using the current version — forms are updated periodically.
- 4
Conduct a background check on yourself
1–3 days$15–$40Nevada requires that you obtain a current background check from an authorized source and attach it to your petition. This confirms what records exist and gives the court something to act on. Some counties require this from specific vendors.
Ask the court clerk what background check source they require or accept. Clark County has specific guidance on acceptable vendors.
- 5
Complete the petition
1–2 hoursFreeFill out the petition completely with your full name, date of birth, case numbers, the charges you want sealed, and the statute you are filing under. List every agency that has your records: arresting agency, probation, the state repository.
- 6
File the petition with the district court
1–2 hours$270 in Clark County; varies by county — typically $100–$300Bring your completed petition, background check, and court records to the clerk of the district court in the county of conviction. Pay the filing fee. The clerk will stamp your petition and process it for the DA notification step.
Ask for a file-stamped copy of your petition. Keep it with your records.
- 7
DA notification period
30 daysFreeAfter you file, the court notifies the District Attorney. The DA has a set period to object. If no objection is filed and you meet all eligibility requirements, the judge may grant your petition without a hearing. Most petitions that meet the legal requirements are granted.
- 8
Attend a hearing if required
30–60 minutesFree (attorney fees if you hire one)If the DA objects or the judge schedules a hearing, attend it. Dress professionally, bring your petition and supporting documents, and be prepared to explain why sealing is appropriate in your case. Judges have discretion.
If the DA files a formal objection, consider getting legal help. Nevada Legal Services or a private expungement attorney can assist.
- 9
Order is granted — agencies notified
30–60 days after orderFreeWhen the judge grants the sealing order, the court sends copies to the Nevada Repository of Criminal History Information and to each agency listed on your petition. Each agency is required to update their records. Keep certified copies of the order — private background check companies may need them directly.
Documents checklist
- Completed petition to seal records (use current form from the court)
- Official Nevada criminal history from the Department of Public Safety ($25)
- Background check from an approved source (ask the court which vendors they accept)
- Court records showing judgment of conviction and sentencing date
- Proof of sentence completion: probation discharge letter, payment receipts for fines/restitution
- Government-issued ID
- Filing fee payment (check, money order, or card depending on the county)
- Two copies of all documents — one for the court, one for yourself
Requirements vary by county. Clark County (Las Vegas) and Washoe County (Reno) both have self-help centers with current filing requirements posted online.
Free legal help in Nevada
You can file a Nevada sealing petition without a lawyer. The process is designed for self-represented filers, and the courts have self-help resources. But if your situation is complicated — multiple convictions, a DA objection, an offense you are not sure qualifies, or any immigration concerns — free legal help is available.
- Nevada Legal Services — free civil legal help for income-eligible Nevadans statewide: nlslaw.net or 702-386-1070
- Clark County Legal Aid — serves the Las Vegas metro area: clarkcountylegalaid.org
- Washoe Legal Services — serves Reno/Sparks area: washoelegalservices.org or 775-329-2727
- Nevada Supreme Court Law Library self-help center: lawlibrary.nvcourts.gov — has petition forms and instructions
- Nevada State Bar Lawyer Referral Service: nvbar.org — low-cost initial consultations with private attorneys
- Volunteer Attorneys for Rural Nevadans (VARN): 775-883-8278 — serves rural counties
Nevada Legal Services has income eligibility requirements. Contact them early — there may be waitlists for some services.
After the order is granted
Once the judge signs the sealing order, Nevada law treats your record as though the arrest or conviction never occurred. The court notifies the Nevada Repository of Criminal History Information, which is required to update its records. Each agency listed on your petition is also notified.
Keep multiple certified copies of the signed order. Private background check companies — the ones employers and landlords typically use — are not automatically notified by the court. You may need to contact them directly with a copy of the order and request removal. If a company refuses or fails to update within a reasonable time, the Nevada Attorney General's office handles consumer complaints.
Once sealed, you can legally answer "no" when asked about that arrest or conviction on most applications. Nevada law specifically provides that a sealed record may be treated as if it never occurred for purposes of employment, housing, and most other applications. There are narrow exceptions — gaming licensing, law enforcement employment, and certain professional licenses — but for most people in most situations, the sealing order does exactly what you need it to do.
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