Criminal Record Sealing

HOW TO SEAL YOUR RECORD:

1)  Get a certified copy of your criminal record from the Nevada Department of Public Safety ("CHR").  This is the only record you are required to attach to your petition.  It is still a good idea to get at least one additional certified “local” record for each charge so you can make sure you are eligible to seal your criminal records before ordering your CHR.

2)  Determine the category and waiting period for your most recent conviction. The time period starts running from the completion of your sentence.  (See “Eligibility” below.)

3)   File your petition with the appropriate court.  You can ask to seal your entire criminal history by filing one petition in the district court having jurisdiction over the criminal charges.

4)  Once the petition is filed, send a copy of the petition and a Stipulation to Seal Records to the prosecutor’s office for each case.  Make sure to include either a signed Declaration or a cover letter with your story and why you believe you should have your record sealed.

5)  If the court grants your record sealing petition, ask for at least ten certified copies of your record sealing order, and mail a record sealing order to each agency (police department, court, prosecutor, the DMV etc.) that may have a copy of your record. Be sure to mail a copy of your record sealing order to the Nevada Department of Public Safety, as DPS will also ensure your records are removed from federal and national crime reporting databases.

GETTING A CERTIFIED COPY OF YOUR CHR:

  1. Get a fingerprint card from your local sheriff’s office or a private vendor (note: local law enforcement will usually charge less for fingerprinting services, but may have limited availability).
  2. Complete a request for a Nevada Criminal History available at http://rccd.nv.gov or call (775) 684-6262 and ask for form “DPS-006.”
  3. Mail completed form DPS-006 with a money order made out to “Department of Public Safety” (no cash or personal checks) for $27 to:

Department of Public Safety
Records, Communication and Compliance
333 West Nye Lane, Suite 100
Carson City, Nevada 89706

 DO I STILL NEED A LOCAL RECORD?

While the only record required to be filed with your petition is your official Nevada CHR, it is still a good idea to get court records first.  The court records will help determine if you are eligible before paying for fingerprints and your criminal history report.  Local records will also help clear up missing or inaccurate information on your CHR.  Finally, local records might have information related to the completion of your sentence which is necessary to determine if the relevant time periods have run.

ELIGIBILITY

To be eligible for record sealing you must:

  1. Satisfy all conditions of your sentence, you either need to be discharged from probation or parole and/or released from custody.  If your sentence was suspended, you must no longer be under the suspended sentence.
  2. Remain conviction free (except minor traffic violations) for the required waiting period OR have your later conviction sealed.
  3. Determine the category of your conviction, if your records do not indicate, call the court and use the case number on your record to look up the case:

 

Charge Waiting Period (Starts when sentence completed)
Category A or B felony 10 years
Category C or D felony 5 years
Category E felony 2 years
Non-felony DUI 7 years
Non-felony battery    domestic violence 7 years
Gross misdemeanors 2 years
All other misdemeanors 1 year
Acquittals / dismissals No wait!

 

A small number of convictions, such as DUIs that result in injury/fatality to another, sex offenses, crimes against children, home invasions with a deadly weapon, and kidnapping by a non-parent cannot be sealed.

WHAT COURT DO I FILE IN?

Before the law changed in 2017, you were required to file a petition in each court that prosecuted or charged the criminal offense.  Now you can file a petition in district court to seal your entire criminal record.  You still have to be eligible to have each offense or arrest on your record sealed.

WILL THERE BE A HEARING?

A hearing is required if the prosecuting attorney does not stipulate to the sealing of your criminal record.  Remember, you need to send a Stipulation to Seal Records to each prosecuting attorney involved in the criminal history you want to seal.  If the prosecuting attorney does not sign the Stipulation after a period of time you will need to submit your petition to the court.  The court will schedule a hearing at that time.  If the prosecuting attorney does sign the Stipulation, you will want to submit a proposed order to the judge so it can be signed without a hearing.

FORMS:

Sample Record Sealing Pleadings