Overview Description

Records relating to a misdemeanor conviction for battery, harassment, stalking, or a violation of an order of protection can be sealed by the court two years after the sentence is completed, as long as the criteria are met. Nev. Rev. Stat. § 179.245(1)(f), (5).

Ineligible Category or Citation

This provision applies only to offenses listed in section 179.245(1)(f). 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 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

All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with the 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 the date the person is no longer under a suspended sentence, whichever occurs later.

(non-prod server)