Nevada: Adult Convictions (NV-C-6)

Records relating to a conviction for a category E felony can be sealed by the court two years after the sentence is completed, so long as the criteria are met. Nev. Rev. Stat. § 179.245(1)(c), (5).

Record Detail(s)

Felony

Previous Conviction Disqualifying

Yes, see statute

Mandatory / Discretionary

Discretionary

Hearing

Yes, unless otherwise stipulated

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

See subsections (6) and (8) for offenses ineligible for sealing. Nev. Rev. Stat. § 179.245.

Procedure General

The petition can be filed in the court in which the person was convicted. If a person wishes to have more than one record sealed in more than one court, they may instead file a petition in district court. For the specific procedure, see Nev. Rev. Stat. §§ 179.245, 179.2595 There is a rebuttable presumption that records should be sealed, unless the petitioner was given a dishonorable discharge from probation. Nev. Rev. Stat. § 179.2445. A person whose petition is denied can petition for a rehearing after two years after the denial, and no more than two rehearings can be requested. Nev. Rev. Stat. § 179.265.

Fees

There is no statutory language regarding fees.

Effect

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. § 179.275. See section 179.295 for instances in which sealed records can be reopened.

Waiting Periods

The petition can be filed two years after the date of release from actual custody or discharge from parole or probation, whichever occurs later.

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