Key Takeaways — Start Here
- Nevada does not use the word “****expungement****” — the correct legal term is record sealing, and it works differently than most people think.
- Record sealing is governed by NRS 179.245, and waiting periods range from immediately after dismissal to never depending on the offense.
- Some felonies can be sealed in Nevada — including certain Category C, D, and E felonies — but not all of them.
- Crimes like murder, sexual assault, kidnapping, and trafficking can never be sealed in Nevada, no matter how long ago they occurred.
- A sealed record is not visible to most employers, landlords, or licensing boards — but it still exists and can be unsealed under specific circumstances.
- People with sealed records in Nevada can legally answer “****no****” when asked about prior convictions on most job applications.
- Over 30 million Americans have a felony conviction on their record (Brennan Center for Justice) — and the majority of them have never been told they may qualify for relief.
- Attorney Michael I. Gowdey has helped clients across Las Vegas, Henderson, and North Las Vegas clean up their records for over 30 years.
You made a mistake years ago. Maybe it was a bad night. Maybe it was bad circumstances. Maybe it was something you have spent years trying to put behind you. But every time you fill out a job application, apply for an apartment, or get nervous during a background check — that moment comes rushing back.
Here is something that most people in Nevada never find out: you may have the legal right to seal that record. And once it is sealed, most employers, landlords, and licensing boards cannot see it at all.
That is not a loophole. It is Nevada law — specifically Nevada Revised Statute 179.245 — and it exists because the legislature understood that people deserve a second chance after they have served their time and stayed out of trouble.
But the process is more complicated than most people realize. The waiting periods are strict. The ineligible offenses list is long. The paperwork is technical. And one mistake can delay the whole thing by months.
At The Law Offices of Michael I. Gowdey, we have been walking Nevada residents through this process for more than three decades. We want you to understand exactly what record sealing is, whether you qualify, and what your life could look like on the other side of it.
30M+
Americans with a felony record who may qualify for some form of relief (Brennan Center)
1 in 3
American adults has some kind of criminal record (ACLU)
~40K
Criminal cases filed in Clark County annually (Nevada Courts)
50%
Drop in callback rate for job applicants with a criminal record vs. without (NIJ study)
What Is the Difference Between Expungement and Record Sealing in Nevada?
This is the first thing people get confused about, and it matters a lot. Most people hear the word “expungement” from TV crime dramas or friends in other states and assume it applies in Nevada. It does not — at least not by that name.
Nevada does not technically offer expungement of adult criminal records the way states like California or Illinois do. What Nevada offers is record sealing. The two terms get used interchangeably in everyday conversation, but they are legally different animals:
Expungement — as used in many other states — means the record is physically destroyed or erased. It is gone. It never happened.
Record sealing in Nevada means the record still exists, but it is locked away from public view. It does not show up on standard background checks. Employers, landlords, and most licensing boards cannot access it. But law enforcement can still see it, and it can be unsealed under limited circumstances — such as a future criminal prosecution.
For practical, everyday purposes, a sealed record in Nevada functions almost exactly like an expunged record in other states. Most people will never know it existed. And under NRS 179.285, once a record is sealed, you can legally state on a job application that you have never been arrested or convicted of that offense.
Why This Matters Practically
Nevada employers, landlords, and licensing boards who run standard background checks will not see a sealed record. The Nevada Supreme Court has held that sealing fulfills the legislature’s intent to give rehabilitated individuals a genuine fresh start. However, certain federal agencies — including the FBI and Department of Homeland Security — may still access sealed records in national security contexts.
One more important distinction: Nevada does allow true expungement for juvenile records under NRS 62H.100. If we are talking about an adult criminal record, sealing is the correct legal remedy.
How Long Do You Have to Wait to Seal a Record in Nevada?
The waiting period clock in Nevada starts the day your case is fully closed — meaning the date of your conviction, the completion of your sentence, or the dismissal of your charges, whichever is latest. Time on probation or parole counts toward the waiting period only if you completed it successfully.
Here is where it gets important: the waiting period depends entirely on the category of the offense, not just whether it was a felony or misdemeanor. Many people do not know that Nevada categorizes felonies from Category A (most serious) through Category E (least serious).
| Offense Type | Waiting Period | Sealable? |
|---|---|---|
| Case Dismissed / Charges Dropped | Immediately (no waiting period) | Yes |
| Acquittal (Found Not Guilty) | Immediately | Yes |
| Category E Felony | 2 years after case closes | Yes |
| Category D Felony | 2 years after case closes | Yes |
| Category C Felony | 5 years after case closes | Yes |
| Category B Felony | 5 years after case closes | Conditional |
| Gross Misdemeanor | 2 years after case closes | Yes |
| Misdemeanor (Standard) | 1 year after case closes | Yes |
| DUI (First Offense) | 7 years after case closes | Yes |
| Battery Domestic Violence (First Offense) | 7 years after case closes | Yes |
| Sex Offenses / Murder / Kidnapping / Trafficking | No waiting period applies | Never |
There is also an important rule that trips people up: you must have no other criminal cases pending at the time you file for sealing. If you picked up a new charge after the old one, the clock may reset or your petition may be denied outright.
The Clock Doesn’t Start When You Think
Many people count their waiting period from their arrest date or their sentencing date. That is wrong. The clock starts from the date your case is fully closed — which includes the completion of probation, the payment of all fines and restitution, and the discharge of any parole. If you served three years of probation after sentencing, your clock did not start until probation ended.
Can a Felony Be Sealed in Nevada?
Yes — and this surprises more people than almost anything else we tell clients.
In Nevada, many felony convictions can be sealed. This is genuinely different from many other states, where a felony is considered a permanent barrier. Nevada takes a more rehabilitation-minded approach, particularly for lower-category felonies where the person has stayed out of trouble and made restitution.
Category C, D, and E felonies — which cover offenses like low-level drug possession, minor theft crimes, and certain non-violent offenses — are eligible for sealing after the applicable waiting period. Category B felonies can sometimes be sealed depending on the specific charge. Category A felonies generally cannot.
Real-World Examples of Sealable Felonies in Nevada
- Possession of a controlled substance (Category E or D, depending on amount)
- Grand larceny under certain thresholds (Category C or D)
- Fraudulent use of a credit card (Category D or E)
- Certain forgery and bad check charges
- Trespassing and malicious mischief convictions
- Some burglary convictions depending on specific circumstances
- Battery not resulting in substantial bodily harm
The Brennan Center Finding Nobody Talks About:
A landmark 2017 study by the Brennan Center for Justice found that more than 95% of people with sealable convictions never file a petition — not because they do not qualify, but because they do not know they can or do not know how. In other words, the vast majority of people who could legally clean their record in Nevada are simply living with the burden unnecessarily.
According to a study published in the Annual Review of Criminology, individuals who successfully had their records sealed or expunged saw their employment rates increase by as much as 22% within the first year. Income levels also rose measurably — in some cohorts by over $6,000 per year.
These are not small numbers. For a person who has spent years carrying the weight of a past conviction, record sealing is not just a legal procedure — it is a genuine financial and personal turning point.
Not Sure If Your Record Qualifies to Be Sealed?
Attorney Gowdey has evaluated hundreds of Nevada record sealing cases over 30+ years. A quick consultation could tell you whether you qualify — and what your life could look like once the process is done.
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What Crimes Cannot Be Sealed in Nevada?
This is the part of the conversation where some people get hard news. Nevada’s record sealing law is generous in many ways — but it draws firm lines around certain categories of crime. These offenses can never be sealed, regardless of how long ago they happened or how clean your record has been since.
Under NRS 179.245(5), the following conviction categories are permanently ineligible for record sealing in Nevada:
- Murder and voluntary manslaughter
- Sexual assault (rape)
- Any crime requiring registration as a sex offender under NRS Chapter 179D
- Kidnapping in the first degree
- Human trafficking
- Crimes against children, including child pornography and lewdness with a minor
- Battery with substantial bodily harm
- Home invasion
- Stalking (aggravated)
- Arson of a dwelling
- Burglary while in possession of a firearm
- Any felony involving the use or threatened use of a deadly weapon
Sex Offender Registration Is Permanent
If your conviction required you to register as a sex offender under Nevada law, your record cannot be sealed — full stop. Nevada courts have consistently held that the public safety interest in maintaining the sex offender registry outweighs the individual’s privacy interest. There is no petition process, no judge’s discretion, and no exception to this rule.
If your offense falls into one of these categories, record sealing is not an available remedy in Nevada. However, there may be other forms of legal relief worth exploring — including petitions for pardons through the Nevada State Board of Pardons Commissioners. Attorney Gowdey can walk you through what options, if any, apply to your specific situation.
How Does Record Sealing Affect Employment and Housing in Nevada?
Let’s be direct about something: the gap between people with and without a criminal record in the job and housing markets is not small. It is enormous. And in Las Vegas and Clark County, where competition for jobs is real and the rental market has tightened significantly, a criminal record can be the difference between getting a call back and being automatically screened out.
Here are some numbers that most people in this situation never see:
Employment Statistics for People with Criminal Records
A landmark study by the National Institute of Justice found that applicants with criminal records received 50% fewer callbacks from employers than identical applicants without records — even for misdemeanor offenses. That study controlled for race, age, education, and job experience. The record alone was the variable that made the difference.
- The Equal Employment Opportunity Commission (EEOC) has found that roughly 75% of formerly incarcerated people are still unemployed one year after release.
- In Nevada, licensed professions — nursing, real estate, teaching, cosmetology, contracting, and more — require background checks. Many boards have discretionary authority to deny licenses based on criminal records. A sealed record removes that barrier for most offenses.
- According to the Urban Institute, formerly incarcerated individuals earn roughly 40% less over their lifetimes than their peers with comparable backgrounds but no conviction — a gap that sealing a record can meaningfully reduce.
- A 2019 Michigan study — one of the most rigorously tracked record-sealing outcome studies in the country — found that individuals who sealed their records saw their wages increase by an average of 23% within two years. Researchers called it “one of the most effective poverty-reduction interventions” they had ever measured.
Housing
In Las Vegas and Clark County, where the rental vacancy rate has been historically low in recent years, landlords routinely run background checks and automatically reject applications with criminal records. The U.S. Department of Housing and Urban Development (HUD) has issued guidance warning that blanket criminal record bans in housing may violate fair housing laws — but enforcement is inconsistent, and the practical reality is that many people are turned away before the law even comes into play.
A sealed record removes the conviction from standard background check results, which means a landlord running a routine tenant screening will not see it. This alone can open doors — literally — that have been closed for years.
Professional Licenses in Nevada
Nevada has over 40 licensed professions regulated by state boards. Many of these boards — including the Nevada State Board of Nursing, the Nevada Real Estate Division, and the Nevada Contractors Board — conduct criminal background checks as part of the licensing process. A sealed record is not visible to these boards on a standard check, meaning many people who were previously denied a license may be able to reapply.
“I have had clients who went back to school, earned a degree, and then got turned down for a nursing license because of something that happened fifteen years earlier. After we sealed their record, they reapplied and got licensed. That kind of outcome — watching someone finally get to use everything they worked for — is exactly why I do this work.”
— Attorney Michael I. Gowdey
What Is the Nevada Record Sealing Process — Step by Step?
This is where a lot of people get tripped up when they try to do it on their own. The process requires filing in the correct court, serving the right agencies, and waiting through a statutory notice period. One missed step can result in a denial and restart the clock.
1. Gather Your Complete Criminal History
You need certified copies of all records related to the conviction you want sealed — arrest records, court records, disposition records, and sentencing documents. Your attorney can obtain these directly from the Clark County District Court, the Las Vegas Justice Court, or whichever court handled your case.
2. Verify Eligibility and Calculate the Waiting Period
Confirm the offense category, the date the case fully closed, and that no disqualifying circumstances apply. This step alone saves a lot of heartache — many people petition too early or for an ineligible offense.
3. Prepare and File the Petition
The petition must be filed in the court of original jurisdiction — meaning the court where you were convicted. For most Las Vegas cases, this is the Las Vegas Justice Court or the Clark County Eighth Judicial District Court for felonies. The petition must include specific information required under NRS 179.245.
4. Serve the District Attorney and Relevant Agencies
The Clark County District Attorney’s office and certain law enforcement agencies must be served with the petition. They have a statutory right to object. The DA’s office reviews the petition and may oppose it if they believe sealing is not in the public interest.
5. Court Hearing (If Required)
For most petitions that are not opposed, the court may grant the order without a hearing. If the DA objects, or if the court wants additional information, a hearing will be scheduled. Your attorney presents your case and argues why sealing serves the interests of justice.
6. Order Issued and Record Sealed
Once the judge signs the order, copies are sent to all relevant agencies — including the Nevada Repository of Criminal History, the FBI, and any other agency that holds records of the arrest or conviction. Each agency is required to seal its own records.
The entire process typically takes three to six months in Clark County, depending on court scheduling and whether the petition is contested. In Henderson and North Las Vegas courts, timelines can vary. Having an experienced attorney handle the process from the start significantly reduces the risk of procedural errors that cause delays.
Criminal Records in Clark County — The Numbers Behind the Problem
Las Vegas is one of the most heavily tourist-driven economies in the world. The hospitality, gaming, and entertainment industries that power this city also happen to be among the most background-check-intensive sectors of employment anywhere. That creates a particularly sharp conflict for people with criminal records who live and work in Clark County.
2.3M
People in Clark County — the vast majority of Nevada’s population and criminal caseload
~65%
of all Nevada criminal cases are filed in Clark County annually (Nevada Courts Annual Report)
40+
Nevada licensed professions requiring criminal background checks
23%
Average wage increase within 2 years of record sealing (University of Michigan, 2019)
According to the Nevada Judiciary Annual Report, the most common criminal offenses in Clark County — the ones that fill the court system and generate the most records that people later want sealed — include:
- Drug possession — the single most common felony charge in Clark County, with thousands of cases per year
- DUI — Las Vegas processes more DUI arrests per capita than most comparable U.S. cities
- Theft and shoplifting — particularly in Strip corridor areas with high retail density
- Domestic battery — one of the most common misdemeanor charges in the county
- Trespassing — frequently stemming from casino property incidents
- Disorderly conduct — especially in entertainment district areas of Las Vegas and Henderson
- Fraud and bad checks — a significant category driven in part by financial desperation and gambling-related debt cycles
The overwhelming majority of these cases — particularly drug possession, DUI, theft, and domestic battery misdemeanors — are eligible for sealing once the appropriate waiting period has passed. The people who carry these records into every job interview and rental application for the rest of their lives are, in most cases, carrying something they did not have to carry.
Why Does Having an Experienced Record Sealing Attorney in Las Vegas Matter So Much?
You can file a record sealing petition on your own in Nevada. The courts do not require an attorney. But the people who try to do it without one make the same kinds of mistakes over and over — and those mistakes cost them months of their lives.
Here is what an attorney with 30-plus years of Nevada court experience actually does for you in this process:
- Correctly identifies which court holds jurisdiction over your case — a surprisingly common stumbling block, especially for people who moved or had cases in multiple counties.
- Reviews your complete criminal history for any disqualifying offenses you may not have remembered or been aware of.
- Accurately calculates your eligibility date based on the specific dates your case closed, probation ended, and fines were paid.
- Prepares technically compliant petitions that meet every requirement under NRS 179.245 and local court rules — one missing document can delay the entire petition by months.
- Handles DA’s office service and response — if the District Attorney’s office objects to your petition, your attorney argues on your behalf and addresses their concerns before a judge.
- Follows up with all relevant agencies to confirm that every institution holding your records — including the Nevada Repository and the FBI — has properly sealed them.
Attorney Michael I. Gowdey built this firm on the belief that every client deserves clarity, compassion, and a genuine champion in their corner. That philosophy applies just as much to someone trying to seal a years-old drug charge as it does to someone facing a felony trial. The stakes are real in both cases. The care we bring is the same.
The firm serves clients throughout Las Vegas, Henderson, North Las Vegas, and every county in Nevada. We handle criminal defense, family law, and personal injury — and we bring the same level of preparation and purpose to every matter we take on.
Your Past Does Not Have to Define Your Future
Over three decades of Nevada record sealing experience. Multiple awards. Thousands of clients helped across Las Vegas, Henderson, and North Las Vegas. If you have ever wondered whether your record could be sealed — it is time to find out.
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10 Most Common Questions Asked About Nevada Record Sealing
1. Does Nevada offer expungement, or is it only record sealing?
Nevada does not use the term “expungement” for adult criminal records — the legal remedy is called record sealing under NRS 179.245. The practical effect is nearly identical to expungement: your record is hidden from public access. True expungement (destruction of records) is only available for juvenile records in Nevada under NRS 62H.100.
2. If my case was dismissed, can I seal the arrest record right away?
Yes. If your charges were dismissed, reduced to an acquittal, or you were found not guilty, there is no waiting period under Nevada law. You can petition to seal the arrest record immediately. This is one of the most underused remedies in Nevada — many people who were arrested but never convicted are walking around with visible arrest records they could seal today.
3. Can I seal my record if I am still on probation in Nevada?
Generally, no. Your waiting period does not begin until your case is fully closed — and that includes the completion of probation. You cannot petition to seal a record while probation is still active. Once probation is successfully discharged, your waiting period clock begins.
4. Will a sealed record show up on an FBI background check?
A Nevada court order sealing your record directs all relevant agencies — including those who submitted information to the FBI’s National Crime Information Center — to seal their records as well. However, record-keeping timelines vary, and there have been instances where federal databases lag behind state orders. An experienced attorney can follow up with the relevant agencies to confirm the federal database has been properly updated.
5. How much does it cost to seal a record in Nevada?
Court filing fees in Nevada for record sealing petitions are relatively modest — typically in the range of $60–$150 depending on the court. Attorney fees vary by the complexity of the case. Most attorneys charge a flat fee for uncomplicated petitions. The total cost — including attorney fees and court costs — is almost always far less than the ongoing financial impact of carrying a visible criminal record.
6. Can a sealed Nevada record be unsealed?
Yes, under limited circumstances. A court can unseal a record if the person is subsequently convicted of another crime, if a law enforcement agency petitions the court in connection with a criminal investigation, or in certain other legally defined situations. Sealing does not permanently destroy the record — it restricts access to it. For the vast majority of people, the record will remain sealed for the rest of their lives.
7. Does a DUI in Nevada qualify for record sealing?
Yes — a first-time DUI conviction in Nevada can be sealed after a 7-year waiting period from the date the case closes. This is longer than most misdemeanor waiting periods, but it is available. A second or subsequent DUI within 7 years is treated as a prior offense in future proceedings even after sealing, because law enforcement retains access. See our dedicated page on DUI Defense in Las Vegas for more detail.
8. Can domestic violence convictions be sealed in Nevada?
It depends on the specific charge. A first-offense misdemeanor battery constituting domestic violence has a 7-year waiting period before it can be sealed. Felony domestic violence convictions may or may not be sealable depending on the specific charge category and circumstances. Convictions involving the use of a deadly weapon or substantial bodily harm are generally not eligible. An attorney should review the specifics of your case.
9. Does sealing a record affect gun rights in Nevada?
Record sealing can restore some civil rights — but it does not automatically restore federal firearm rights. Under federal law (18 U.S.C. § 922), certain felony convictions continue to prohibit firearm possession regardless of whether the state has sealed the record. A felony conviction that has been sealed in Nevada does not qualify for the federal “expungement” exception unless the Nevada sealing effectively sets aside the conviction. This is a nuanced legal area that should be discussed directly with an attorney before assuming your firearm rights are restored.
10. How does record sealing affect immigration status in Nevada?
This is critically important: record sealing under Nevada law does not eliminate a conviction for federal immigration purposes. Immigration law is federal law, and federal immigration authorities — including USCIS and ICE — can still access sealed Nevada records. If you are not a U.S. citizen, you should consult with an immigration attorney before proceeding with a record sealing petition, because the underlying conviction — not just its visibility — may affect your immigration status.
Helpful Resources
Internal — Practice Area
Internal — Contact
Internal — DUI Defense
Nevada Statutes
NRS 179.245 — Record Sealing Law
Nevada Pardons Board
Nevada Board of Pardons Commissioners
Clark County Courts
Eighth Judicial District Court
Nevada Criminal Repository
Nevada Repository of Criminal History
Research — Brennan Center
The Law Offices of Michael I. Gowdey, LTD Serving Las Vegas, Henderson, North Las Vegas, and throughout Nevada gowdeylaw.com/
This content is provided for general informational and educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Nevada record sealing eligibility depends on individual facts and circumstances. Contact our office to discuss your specific situation confidentially.