Nevada: Adult Non-Conviction Arrests (NV-NC-1)

Records relating to a criminal case can be sealed any time following dismissal of the charges or an acquittal. Nev. Rev. Stat. § 179.255(1)(a), (c).

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the court in which the acquittal or dismissal was entered. For the specific procedure, see Nev. Rev. Stat. § 179.255. A person whose petition is denied can petition for a rehearing not sooner than 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

The court can order the sealing all records of the arrest and of the proceedings which are in the custody of any agency of criminal justice or any public or private company, agency, official, or other custodian. Nev. Rev. Stat. § 179.255(7). 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 at any time following dismissal of the charges or an acquittal.

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