Overview Description

Records relating to a conviction for a category A felony, a crime of violence pursuant to section 200.408 or burglary pursuant to 205.060 may be sealed by the court 10 years after sentence completion, so long as the criteria in subsection (5) are met. Nev. Rev. Stat. §§ 179.245(1)(a), (5).

Ineligible Category or Citation

See section 179.245 (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 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 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 10 years after the date of release from actual custody or discharge from parole or probation, whichever occurs later.

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