Criminal Record Sealing

How To Seal Your Record: Basic Steps

  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 “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 a signed Declaration with your story and why you believe you should have your record sealed with your Petition.
  5. If the court grants your record sealing petition, ask for at least ten (10) certified copies of your record sealing order, and mail a record sealing order to each agency (Department of Public Safety, 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 Local Records

Before you pay for your official Criminal History Report (CHR) from the Department of Public Safety it is a good idea to start collecting local records from the jurisdictions where you were arrested or charged first.  While the CHR is the only record required to be filed with your petition, 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 criminal history report. 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.
 
In southern Nevada it is a good idea to request your SCOPE from the Las Vegas Metropolitan Police Department.  In other areas, contact the court you were in to try to get copies of the court records.  If you do not remember when you were released from prison, probation or parole, you may need to access court records or records from probation and parole to determine that information.

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 addressed to the attention of “Department of Public Safety” (no cash or personal checks) for $27:

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

  4. It may take a couple of weeks for the Department of Public Safety to send the CHR to you.  Remember, once you make this request, the clock starts ticking on how much time you have to file your petition.  Make sure you are gathering all of the necessary documents you need so you are ready to file your Petition once you receive the CHR.

Am I eligible to seal my record?

To be eligible for record sealing you must:

  1. Serve the entire sentence:  Count from your date of release from actual custody or discharge from parole or probation.  With a suspended sentence, you must be released from custody or no longer be under a 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 felony, burglary, crime of violence pursuant to NRS 200.408:  10 years
Category B, 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!

Convictions such as DUIs that result in injury/fatality to another, sex offenses, crimes against children, armed home invasion 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.

Clark County, Washoe County, Pershing, Lander and Mineral counties have electronic filing.  If you would like to set up an efiling account, please check with the Court Clerk for the court you are filing in.  If you need to file in a jurisdiction without efiling, make sure you complete (1) a Civil Cover Sheet, (2) pay the filing fee or request a waiver of the filing fee if you cannot afford to pay it, and (3) your Petition to Seal Records and include a Declaration that tells your story.  Take the original and 2 copies of your Petition when you go to file because you will need a copy to send to each prosecuting agency that was involved with your criminal charges.

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 along with a file stamped copy of your Petition.  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.

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