1. What is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. What records may be expunged?
In Nevada, there is no statute providing for expungement of criminal convictions.
3. Who is eligible for an order to seal criminal records?
Persons who are honorably discharged under NRS 176A.850 may have
their records sealed, but their conviction can still be used in later convictions,
for impeachment purposes, license and permit applications, and applications
for public employment positions.
Also, persons discharged from probation under NRS 176A.260 may
have records sealed 3 years after their dismissal. NRS 176A.265.
Persons convicted of crimes may have records sealed after varying
numbers of years depending of the seriousness of the offense. NRS 179.245.
Persons completing a program of reentry may also have records sealed.
NRS 179.259.
Persons who are arrested and later are acquitted or dismissed can
also have records sealed under NRS 179.255.
Juveniles may also have all records sealed upon reaching 21. NRS
62H.140 a child adjudicated to be a delinquent for an act that would have
been a felony if committed by an adult and which involved the use or threatened
use of force or violence, sexual assault, battery with intent to commit
sexual assault, or lewdness involving a child, and has not had records
sealed before turning 21, may petition to have the juvenile court seal
the records upon turning 30. The person must not have had any further convictions
since turning 21, other than standing traffic violations. NRS 62H.150.
4. How do I get records sealed?
Only in the case of a child who turns 21 and has no records of being
adjudicated to be a delinquent for an act that would have been a felony
if committed by an adult and which involved the use or threatened use of
force or violence, sexual assault, battery with intent to commit sexual
assault, or lewdness involving a child is the sealing of records automatic.
In all other cases, the person who is the subject of the records
must apply to the court having jurisdiction over the records for an order
to seal them. The sealing of records is discretionary with the court. If
an order to seal records is granted the court will name the persons and
agencies subject to the order and serve them with notice that the records
in their possession are to be sealed and open to inspection in limited
circumstances.
