Expungement / Record Sealing Petition and Eligibility Memo — Nevada

Expungement / Record Sealing Petition and Eligibility Memo — Nevada

Preparation document only: Nevada State Police publishes sample petition and order forms, and local procedures differ. Use this memo to analyze eligibility and prepare the current forms; do not file it as the petition.

Part A — Eligibility Memorandum

To: [CLIENT NAME]

From: [ATTORNEY NAME / FIRM]

Date: [__/__/____]

Re: Nevada record-sealing eligibility

1. Record Inventory

Nevada sealing is not record destruction. The records are removed from general information sources but may remain available under statutory exceptions.

2. Filing Route

A. Conviction — NRS 179.245

A person petitions the court of conviction after the applicable period:

The existing statute does not start these periods on the date the last fine was paid or all generic court requirements were completed.

• ☐ The applicable period has elapsed for every conviction included.
• ☐ During that period, the client was not convicted of another offense and has no pending charge, except minor moving or standing traffic violations. NRS 179.245(5).
• ☐ The target convictions are not excluded under NRS 179.245(6).

“Crime of violence” uses NRS 169.052 and NRS 200.408, not NRS 202.876.

B. Dismissal, Declined Prosecution, or Acquittal — NRS 179.255

• Dismissal: petition the dismissing court any time after dismissal.
• Acquittal: petition the court that entered the acquittal any time after acquittal.
• Declined prosecution: petition the court with jurisdiction after the limitations period expires, 8 years after arrest, or under a stipulation.

• Set-aside under NRS 458A.240: petition the court that set aside the conviction any time after the set-aside.

• ☐ The selected route and timing are satisfied.

• ☐ There is no evidence that further action will be brought. NRS 179.255(7).

C. Multiple Courts — NRS 179.2595

If the client otherwise would need petitions in more than one court, one petition may be filed in district court to request sealing of all records. A district court may also seal qualifying justice- and municipal-court records.

D. Separate Specialized Routes

Potential specialized routes include vacatur and sealing for specified trafficking-victim convictions under NRS 179.247, reentry-program sealing under NRS 179.259, decriminalized-offense sealing under NRS 179.271, and other offense- or program-specific statutes. Analyze the selected route separately rather than importing NRS 179.245's general procedure without checking the cross-referenced statute.

3. Convictions Excluded by NRS 179.245(6)

• ☐ No crime against a child as defined by NRS 179D.0357.
• ☐ No sexual offense listed in NRS 179.245(10)(b), including specified fertility fraud added to the current list and attempts to commit listed offenses.
• ☐ No invasion of the home with a deadly weapon under NRS 205.067.
• ☐ No excluded felony DUI or DUI-homicide offense under NRS 179.245(6)(d)-(f), subject to NRS 179.245(7).
• ☐ No excluded felony boating-under-the-influence offense under NRS 179.245(6)(g)-(h).

Do not cite NRS 179.247 as a general list of ineligible offenses; it creates a specialized vacatur-and-sealing route for qualifying trafficking victims.

4. Petition Requirements

For an NRS 179.245 petition:

• ☐ Current verified records from the Central Repository for Nevada Records of Criminal History.
• ☐ Petitioner's date of birth.
• ☐ Specific conviction and related arrest date for each record.
• ☐ List of reasonably known public or private custodians that possess the records and should receive the order.
• ☐ NRS 453.3365 certificate or disposition records, if that statute is invoked.
• ☐ Sex-trafficking certification under NRS 179.245(2)(e), if applicable.

For an NRS 179.255 petition, include the current verified Central Repository record, the disposition unless the statutory exception applies, the charges and arrest dates, and the custodian list.

The August 2025 Nevada State Police guide confirms that a local-law-enforcement criminal-history report is no longer required under NRS 179.245 or 179.255. The guide directs applicants to obtain the current verified Central Repository record. Local agencies may still hold disposition or incident records needed to complete the petition accurately.

5. Presumption, Notice, and Hearing

NRS 179.2445 creates a rebuttable presumption that records should be sealed once all statutory requirements are satisfied. The presumption does not apply after a dishonorable discharge from probation under NRS 176A.850.

Under NRS 179.245(3) and 179.255(4)-(5), the court notifies the arresting law-enforcement agency and appropriate prosecutor. The prosecuting agency may stipulate or object within 30 days after notification. If the required findings are present and there is no stipulation or objection, the court may rule without a hearing; an objection or a refusal to grant on the papers requires a hearing.

The state guide describes a local stipulation workflow: submit the petition, proposed order, current criminal history, and required supporting records to the district attorney before filing. Confirm the procedure for the specific county and court.

6. Effect and Exceptions

Under NRS 179.285:

• Proceedings recounted in the sealed record are deemed never to have occurred.
• The person may answer accordingly to inquiries, including employment inquiries.
• If not already restored, the rights to vote, hold office, and serve on a jury are restored immediately.
• Firearm rights are not restored unless the person receives a pardon that does not restrict the right to bear arms. See also NRS 202.360.

NRS 179.301 permits specified inspections, including gaming-related records by gaming regulators, insurance-related records by the Division of Insurance, certain NRS 202.485 records by a prosecutor, certain sexual-offense information and registry records by authorized officials, and records relevant to a pardon application. It does not authorize general access for all professional licensing boards or all prosecutorial purposes.

NRS 179.295 provides additional narrow reopening routes, including inspection requested by the record subject and certain criminal-case uses.

7. Conclusion

The client is [ELIGIBLE / NOT ELIGIBLE / ADDITIONAL FACTS REQUIRED] under [NRS ______] because [________________________________].

Recommended next step: [________________________________]

Part B — Petition and Order Drafting Worksheet

1. Court and Caption

• Filing court: [________________________________]
• County / township: [________________________________]
• Existing criminal case number or new civil matter number: [________________________________]
• Department: [________________________________]
• Single-court petition or NRS 179.2595 multi-court petition: [________________________________]

Use the caption and filing method required by the selected court. Nevada State Police provides separate sample packets for district court and justice or municipal court.

2. Petitioner and Record Details

• Full legal name and aliases: [________________________________]
• Date of birth: [__/__/____]
• Current mailing address and contact information: [________________________________]
• Date of each arrest: [________________________________]
• Arresting agency and report number: [________________________________]
• Charge and Nevada statute or ordinance: [________________________________]
• Final disposition and date: [________________________________]
• Court and case number: [________________________________]
• Custody-release date: [__/__/____]
• Parole or probation discharge date: [__/__/____]
• End date of suspended sentence, if applicable: [__/__/____]
• Applicable waiting-period category and calculation: [________________________________]
• Pending charges or later convictions during the period: [________________________________]
• Every known public or private record custodian: [________________________________]

3. Attachments

• ☐ Current verified Central Repository record.
• ☐ Disposition records for every arrest or charge whose disposition is incomplete in the criminal history.
• ☐ Judgment and proof of completion when required by the selected route or local procedure.
• ☐ Specialized certificate or certification required by the invoked statute.
• ☐ Proposed order naming the Central Repository and every other custodian.

4. Declaration

For an in-state declaration, NRS 53.045 permits substantially this language:

I declare under penalty of perjury that the foregoing is true and correct.

Executed on [__/__/____].

[________________________________]

[PETITIONER NAME]

Use a notarized affidavit instead if the selected court or local form requires it.

5. Processing Checklist

• ☐ Obtain the current Central Repository record.
• ☐ Confirm the county's submission, stipulation, filing-fee, and e-filing requirements.
• ☐ Submit the petition and proposed order to the prosecuting office if required by the local workflow.
• ☐ Confirm the court completed the statutory notifications.
• ☐ Calendar 30 days from prosecutorial notification for an objection.
• ☐ Prepare for a hearing if an objection is filed or the court does not grant relief on the papers.
• ☐ If denied, note that NRS 179.265 allows a rehearing petition no sooner than 2 years after denial and permits an appeal.
• ☐ Request sealing of the sealing proceeding itself under NRS 179.245(8), if appropriate.

6. Entered Order

NRS 179.275 requires the order to be sent to the Central Repository and every named custodian. Each named custodian must seal the covered records, advise the court of compliance, and then seal the order.

• ☐ Obtain enough certified copies for every named custodian and the client.
• ☐ Unless the court directs otherwise, serve each named agency with the entered order as described in the current state guide.
• ☐ Retain proof of delivery and track confirmations of compliance.
• ☐ Do not promise a statutory 30-day completion period; the August 2025 state guide says Repository processing may take up to 6 months after it receives all necessary information.
• ☐ Advise the client about firearm-rights limits, statutory inspection exceptions, and the possibility that out-of-state agencies will not honor a Nevada order.

Sources and References

• Current NRS Chapter 179 — sealing provisions
• NRS Chapter 169 — Title 14 definitions
• NRS Chapter 200 — crime-of-violence definition and listed offenses
• NRS 202.360 — firearm prohibition and pardon exception
• NRS 53.045 — unsworn declaration
• Nevada State Police sealing guide, revised August 2025
• Nevada State Police sample forms and information