Nevada: Adult Convictions (NV-C-16)

Records relating to a conviction for unlawful possession of a controlled substance not for sale can be sealed three years after the person is convicted and sentenced, so long as the criteria are met. Nev. Rev. Stat. § 453.3365.

Record Detail(s)

Drug offenses

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

Yes, if objection filed

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

This provision applies only to convictions under section Nev. Rev. Stat. § 453.3365.

Procedure General

The procedure is automatic. Upon the successful completion of the sentence, the court will order the records sealed without a hearing unless the Division of Parole and Probation petitions the court, for good cause shown, not to seal the records and requests a hearing thereon. For the specific procedure, see Nev. Rev. Stat. § 453.3365.

Fees

There is no statutory language regarding fees.

Effect

Professional licensing boards are entitled to inspect the sealed record for the purpose of determining suitability for a license or liability to discipline for misconduct. Nev. Rev. Stat. § 453.3365(4). All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 453.3365(3).

Waiting Periods

The record can be sealed three years after the person is convicted and sentenced.

Back to Nevada