Overview Description

Records relating to a conviction for unlawful possession of a controlled substance not for sale can be sealed three years after the person is convicted and sentenced, so long as the criteria are met. Nev. Rev. Stat. § 453.3365.

Ineligible Category or Citation

This provision applies only to convictions under section 453.336.

Procedure General

The procedure is automatic. Upon the successful completion of the sentence, the court will order the records sealed without a hearing unless the Division of Parole and Probation petitions the court, for good cause shown, not to seal the records and requests a hearing thereon. For the specific procedure, see Nev. Rev. Stat. § 453.3365.

Fees

There is no statutory language regarding fees.

Effect

Professional licensing boards are entitled to inspect the sealed record for the purpose of determining suitability for a license or liability to discipline for misconduct. Nev. Rev. Stat. § 453.3365(4).

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. § 453.3365(3).

Waiting Periods

The record can be sealed three years after the person is convicted and sentenced.

(non-prod server)