What is a Sealed Record in Nevada?

According to Nevada State Police Records, the Nevada Revised Statutes allow courts to seal criminal records if certain conditions are met and the individual has been rehabilitated [1]. Record sealing involves physically removing the record from public access and restricting its dissemination.

Sealing of records prohibits access to criminal record information except to employees of the Repository for record management purposes, a party or agency for an authorized search as provided for in Nevada Revised Statutes or a party authorized pursuant to a court order

The Difference Between Sealing and Expunging Criminal Records in Nevada

In Nevada, the terms “sealing” and “expungement” are often used interchangeably, but they have distinct meanings. Expungement involves the complete and permanent destruction of a criminal record, making it as if the record never existed. In contrast, sealing removes the record from public access, though it still exists within the system.

Nevada laws do not allow for the expungement of criminal records due to the permanent nature of the act. However, the law does allow courts to seal criminal records. If successful, the individual may regard the record as non-existent

While sealed records are removed from public databases, they may still be accessible through some third-party websites. These websites often provide easier access to public records by offering searches that are not limited by geographic location.

To conduct a search on these platforms, users typically need to provide the name of the person involved and the location where the record may exist. It’s important to note that third-party sites operate independently of government agencies, so the availability of records on these sites may vary.

How to Seal Your Record: Basic Steps

Obtain a Certified Copy of Your Criminal Record: Request your criminal history record from the Nevada Department of Public Safety (CHR). It’s recommended to also get a local record for each charge to ensure eligibility before ordering your CHR [2].
Determine Eligibility: Identify the category and waiting period for your most recent conviction. The waiting period begins after completing your sentence.
File Your Petition: Submit your petition to the appropriate court, asking to seal your entire criminal history. File one petition in the district court with jurisdiction over your charges.
Notify the Prosecutor: Send a copy of your petition and a Stipulation to Seal Records to the prosecutor’s office for each case. Include a signed Declaration explaining your reasons for sealing your record.
Distribute Certified Copies: If granted, obtain at least ten certified copies of the sealing order. Mail these to all relevant agencies, including the Department of Public Safety, police departments, courts, prosecutors, and the DMV. Ensure the Nevada Department of Public Safety receives a copy to remove your records from federal and national databases.

Eligibility for Record Sealing in Nevada

Eligibility for a record seal in Nevada varies based on the specifics of the case, and certain offenses may never be eligible for sealing. If you are currently being prosecuted, you are ineligible for a record seal until your case is resolved, after which you may become eligible depending on the outcome [3].

Dismissals and Acquittals

You can petition for a record seal immediately if your charges were dismissed or if you were acquitted at trial. Nevada law does not require a waiting period to seal records in cases where there was no conviction. However, the sealing process can take several weeks, so the record may remain visible for a few months after filing the petition.

Victims of sex trafficking or involuntary servitude convicted of non-violent crimes, including prostitution, are eligible to seek a record seal immediately.

Sealable Convictions

For convictions, you can typically pursue a record seal after a legally mandated waiting period, which depends on the severity of the offense—the more serious the crime, the longer the wait. The waiting period begins only after your case is officially closed, meaning all sentencing terms have been completed, including paying fines, completing required classes, serving jail time, and finishing probation.

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References:
1. https://rccd.nv.gov/FeesForms/Criminal/Sealing_NV_Criminal_History_Records/
2. https://nevadalegalservices.org/criminal-record-sealing/
3. https://nevadacourtrecords.us/criminal-court-records/federal-and-state/sealing-expunging/

Expungement vs. Record Seal in Nevada: Are They the Same?