Let’s clear up the confusion once and for all.
The Key Distinction: Expungement vs. Record Sealing
In most states, expungement refers to the physical destruction of criminal records — as if the arrest or conviction never happened. Nevada takes a different approach. Under Nevada law, the process is called record sealing, and rather than destroying records, it makes them inaccessible to the general public.
From a practical standpoint, the effect is very similar. When your record is sealed in Nevada:
- The conviction or arrest no longer appears on standard background checks
- You can legally answer “no” on most job applications when asked about prior convictions
- The records are hidden from employers, landlords, and licensing boards
- You regain eligibility for many professional licenses and opportunities
The records still exist in a sealed state and can be accessed by certain agencies — notably law enforcement and courts — in limited circumstances. But for the day-to-day purposes that matter most to our clients, a sealed record in Nevada functions very much like an expungement elsewhere. See our full overview at gowdeylaw.com/expungement-record-sealing.
Who Is Eligible to Seal Their Nevada Criminal Record?
Eligibility depends on several factors: the nature of the offense, whether it resulted in a conviction or arrest, and whether the required waiting period has passed. Here’s what Nevada law requires:
Arrests Without Conviction
If you were arrested in Las Vegas, Henderson, or North Las Vegas but the charges were dismissed, you were acquitted, or the prosecutor declined to file charges, you may be eligible to seal the arrest record immediately — with no waiting period. This is one of the most underutilized provisions in Nevada’s sealing law, and it applies to thousands of people who don’t realize it.
Misdemeanor Convictions
Most misdemeanor convictions become eligible for sealing 2 years after the case closes — meaning the date of sentencing, completion of probation, or release from custody, whichever is latest. There are exceptions for certain traffic offenses and domestic violence misdemeanors, which carry different timelines or restrictions.
For a detailed breakdown of misdemeanor sealing eligibility, visit our misdemeanor record sealing page.
Gross Misdemeanor Convictions
Gross misdemeanors — which sit between misdemeanors and felonies in Nevada’s criminal classification — generally require a 2-year waiting period after the case closes before becoming eligible for sealing.
Felony Convictions
Felony waiting periods vary significantly depending on the category of offense:
- Category E felonies: 2 years
- Category D felonies: 5 years
- Category C felonies: 5 years
- Category B felonies: 5 years
- Category A felonies: 10 years (some are permanently ineligible)
Nevada law also requires that you have completed all conditions of your sentence — including probation, parole, fines, and restitution — before the waiting period begins to run. Our felony record sealing page explains category-by-category eligibility in detail.
Offenses That Cannot Be Sealed
Not all convictions are eligible for sealing in Nevada. The following are permanently excluded:
- Murder and attempted murder
- Sexual assault and sex crimes against children
- Crimes involving pornography with minors
- Kidnapping
- Certain felony DUI offenses resulting in serious bodily harm or death
If your offense falls into one of these categories, record sealing is not available. However, there may be other options to consider, such as a pardon from the Nevada Board of Pardons Commissioners. Our office can evaluate your specific situation.
How the Nevada Record Sealing Process Works
The record sealing process in Nevada involves several distinct steps. Most people find it easier and more effective to work with an attorney rather than navigate it alone.
- Obtain your criminal history report. Before you can seal your record, you need to know exactly what’s on it. You’ll need a complete history from the Nevada Department of Public Safety, and in some cases from the FBI as well.
- Identify the correct court. Your petition must be filed in the court where the conviction or arrest occurred. For Las Vegas cases, that’s typically Las Vegas Justice Court or Clark County District Court. For Henderson cases, it’s Henderson Justice Court. For North Las Vegas, it’s North Las Vegas Justice Court.
- File the petition. The petition sets out the details of your case, demonstrates that you’ve met the waiting period, and asks the court to grant the sealing order. Supporting documentation must be attached.
- Serve the prosecutor’s office. The Clark County District Attorney’s Office must be notified of your petition and has the right to object.
- Attend the hearing (if required). For some petitions, particularly for felonies or contested cases, a hearing before a judge is required. An attorney who knows the local courts makes an enormous difference here.
- Receive the sealing order. If the court grants the petition, a sealing order is issued and sent to all relevant agencies — courts, law enforcement, the DMV, and the Nevada DPS — directing them to seal their records.
The entire process typically takes 4 to 6 months in Clark County, though timelines can vary.
| Important: Sealing is not automatic. You must actively petition for it. Records do not seal themselves when the waiting period passes. And once sealed, the records must be proactively maintained — agencies occasionally receive information about an individual after sealing that requires follow-up. |
What Does a Sealed Record Actually Do For You?
The practical benefits of sealing a criminal record in Las Vegas, Henderson, or North Las Vegas are significant. Here’s what changes — and what doesn’t.
What Gets Better
- Employment: Most private employers run background checks. A sealed record won’t appear. You can legally check “no” when asked whether you’ve been convicted of a crime. This opens doors that may have been closed for years.
- Housing: Landlords routinely check backgrounds. A sealed record eliminates the most common reason applications are denied.
- Professional licensing: Many licenses — nursing, real estate, contracting, teaching, and others — require applicants to disclose criminal history. A sealed record resolves this obstacle in most cases.
- Loans and financial products: Some lenders consider criminal history in their underwriting. Sealing can improve access to credit, mortgages, and business financing.
- Immigration: While a sealed record does not eliminate a conviction for federal immigration purposes, it may assist with certain applications. Anyone with immigration concerns should also consult an immigration attorney.
- Personal dignity: Perhaps most importantly to our clients — the sense of being defined by a past mistake, rather than who you are today, finally lifts.
What Stays the Same
- Law enforcement can still access sealed records
- Federal agencies and background checks for federal employment or security clearances are not affected
- Sealed convictions may still be used for sentence enhancement if you are charged with a new offense
- The Nevada Gaming Control Board has access to sealed records for licensing purposes
Juvenile Records: Special Considerations
Juvenile records in Nevada carry their own sealing framework. Many juvenile records can be sealed automatically when the individual turns 21, but this is not universal. Our office handles juvenile record sealing cases throughout Clark County and can evaluate whether a proactive petition is in your best interest.
Restoring Gun Rights After a Felony Conviction
A felony conviction in Nevada results in the loss of the right to possess firearms under both state and federal law. Nevada record sealing does not automatically restore gun rights — a separate process is required. Our office handles restoring gun rights in Nevada, which involves both state-level restoration and consideration of federal law.
Common Questions About Nevada Record Sealing
Do I need an attorney to seal my record in Nevada?
Technically, you can file a petition yourself. In practice, pro se petitioners frequently make errors that delay or derail their cases — incorrect forms, wrong courts, missed agencies, or procedural missteps. Given what’s at stake for your employment and housing future, having an experienced attorney handle the process is worth every dollar.
Will sealing my record affect my immigration status?
This is a nuanced area of law. Nevada record sealing does not erase a conviction for purposes of federal immigration law. If you are not a U.S. citizen, or if immigration consequences are a concern, you should consult with both a criminal defense attorney and an immigration attorney before pursuing sealing. The Nevada Immigrant Coalition is one resource that may help.
How long does it take to seal a record in Las Vegas?
Typically 4 to 6 months in Clark County, from the time of filing to the receipt of a signed sealing order. Cases involving contested objections by the prosecutor’s office or court hearings can take longer.
Can I seal more than one conviction?
Yes. All convictions on your record that meet the eligibility requirements can be included in a single petition. We recommend addressing all eligible offenses at once rather than filing multiple petitions over time.
Serving Las Vegas, Henderson, and North Las Vegas
Attorney Michael Gowdey and our team represent clients seeking record sealing throughout Clark County — including Las Vegas, Henderson, North Las Vegas, Summerlin, Boulder City, and the surrounding areas. We appear regularly in Las Vegas Justice Court, Henderson Justice Court, North Las Vegas Justice Court, and Clark County District Court.
If a criminal record is standing between you and the job, housing, or opportunities you deserve, call us today for a free case evaluation. Visit gowdeylaw.com/expungement-record-sealing to get started or contact us at gowdeylaw.com/contact.
| Free Case Analysis — Law Offices of Michael I. Gowdey, Ltd. | Serving Las Vegas, Henderson & North Las Vegas | gowdeylaw.com |