Record Sealing 101 – The Basics
Part 1 What is Record Sealing?
Record Sealing
In layman terms, Record Sealing is the practice of sealing away court records that are publicly accessible. Stated slightly differently, record sealing is the practice of wiping your criminal slate clean. A criminal conviction, even a misdemeanor, can follow you for your entire life, and be an issue for every job application. A sealed record, however, helps you move forward by avoiding some or all of these consequences.
When you seal your records, you have the legal right to deny or not acknowledge anything to do with said records. This means that should you successfully seal your records, you can honestly answer “No” when asked if you have ever been arrested or have any felonies. If left unsealed, your criminal record can have a devastating impact on your life going forward. For instance, renting a home, adopting a child, and applying for loans all require background checks that will focus on your record and potentially deprive you of opportunities sometimes solely on the basis of a sole mistake made years prior. Thus, sealing your records if eligible is crucial. Not only can sealing your record broaden your employment opportunities, but it can also help you move forward and avoid uncomfortable conversations about your past.
What is Expungement?
Some states, rather than Sealing Records, do something that known as Expungement. To expunge a record is to physically destroy, erase, or remove all access to past history of said record. This is similar to record sealing in effect, but instead of merely being hidden from public view, the records are entirely removed. While Nevada does not offer an option for expungement at this time, a record sealing is functionally equivalent to an expungement in precluding the public, as well as any prospective employers, from learning about your past criminal history.
Nevada Record Sealing.
Nevada is a presumptive record seal state. See NRS 179.2445 This means that so long as you meet all the requirements by law, the law says that you are entitled to your records being sealed. See NRS 179. However, you do not get an unlimited number of attempts to do this, so having a skilled attorney on your side can help you avoid the mandatory two (2) year wait time to refile. See NRS 179.265. Nonetheless, employing a shrewd and knowledgeable lawyer who knows the ins and outs of record sealing and can guide you through the process and can be the difference between failure and success.
Below is a general example of the sealable offenses in Nevada, and when they become eligible for sealing:
| Charge | Waiting Period | Examples |
| Category A Felony | 10 years | 1st Degree Murder Sexual Assault High level Drug Trafficking |
| Category B, C, D Felonies | 5 Years | Burglary Home Invasion Theft greater than $3500 |
| Category E Felony | 2 Years | Possession of Marijuana less than 1 ounce Graffiti Staging Dog Fights |
| Enhanceable misdemeanors (including Non-felony DUI and Non-felony battery domestic violence) |
7 Years | Driving under the Influence (DUI) Domestic Violence |
| Gross Misdemeanors/ Misdemeanor Battery, Harassment, Stalking, Violation of a Temporary or Extended Order for Protection |
2 Years | Battery Harassment Stalking |
| All other misdemeanors and traffics violations | 1 Year | Basic Speeding Driving without License (Petty Larceny) Stealing goods with a value of less than $650 |
| Acquitted/Dismissed charges or Honorable Discharge on charge under NRS 453.3363 |
No wait | Charged with a crime but found “Not Guilty” at trial |
|
Charges Prosecution declined to prosecute |
**** by agreement or 8 years after arrest | Charged with a crime but prosecution declined to charge. |
Unsealable Offenses
Despite this, not all offenses are sealable in Nevada, as the law specifically excludes from sealing the following: rape, murder, crimes pertaining to a child, felony Driving Under the Influence, and others. See NRS 179.245. Various other exceptions to the rule exist as well, including certain enhanceable misdemeanors such as DUI, or Battery constituting domestic violence. For such offenses, you must wait 7 years after the close of the case, before you can petition to seal your records. While it is possible to handle this process on your own, and identify whether you are eligible, a skilled attorney can ensure you avoid common pit-falls that tend to make the record sealing process drawn out at best, and ineffective at worst.
Please contact ZT Law Group today for a free consultation about your record sealing rights in Nevada. 702-359-0157