VERIFIED PETITION AND AFFIDAVIT TO SEAL (EXPUNGE) CRIMINAL RECORDS

State of Nevada

[// GUIDANCE: This template is designed for use by licensed Nevada attorneys. Verify all statutory citations and waiting-period calculations against the most current version of the Nevada Revised Statutes (NRS) before filing. Tailor the factual allegations, exhibits, and service list to the client’s specific criminal history.]

DOCUMENT HEADER

IN THE [EIGHTH] JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF [CLARK]

Case No.: ___
Dept. No.: ___

In the Matter of the Application of
[PETITIONER’S FULL LEGAL NAME],
Petitioner.

RECITALS

1. Petitioner, [PETITIONER NAME] (“Petitioner”), files this Verified Petition and Affidavit to Seal Criminal Records (the “Petition”) pursuant to NRS 179.245, NRS 179.255, and related provisions (collectively, the “Sealing Statutes”).
2. Petitioner seeks an order directing that all records relating to the criminal matters identified herein be sealed and treated as confidential, subject to the limited statutory exceptions for access.

Effective Date of Petition: [DATE]

Governing Law & Forum Selection: This Petition is governed by Nevada law and is properly brought before the [DISTRICT] Court pursuant to NRS 179.245(1)(a).

TABLE OF CONTENTS

I. Definitions
II. Jurisdiction & Venue
III. Procedural History of Criminal Matters
IV. Statutory Eligibility & Waiting Period Compliance
V. Sealed Record Access Under Nevada Law
VI. Prayer for Relief
VII. Notice & Service
VIII. Verification / Affidavit
IX. Proposed Order
X. Exhibits

I. DEFINITIONS

For purposes of this Petition, the following capitalized terms have the meanings set forth below. Undefined capitalized terms shall have the meanings assigned in the Sealing Statutes.

“Conviction Date” means the date on which judgment of conviction was entered for a specific offense.

“Eligible Offense” means an offense that is not expressly excluded from sealing under NRS 179.247, NRS 179.259, or any other applicable statute, rule, or public-policy exception.

“Waiting Period” means the statutory period that must elapse after the latest of (a) conviction date, (b) date of release from incarceration, or (c) date of completion of any term of probation or parole, before Petitioner may file a petition to seal. See NRS 179.245(1)–(2).

II. JURISDICTION & VENUE

2.1 The Court has subject-matter jurisdiction under NRS 179.245.

2.2 Venue is proper in this Court because at least one of the criminal matters sought to be sealed originated in this judicial district. See NRS 179.245(1)(a).

III. PROCEDURAL HISTORY OF CRIMINAL MATTERS

3.1 Petitioner’s complete criminal history is set forth in Exhibit A (NCIC/State of Nevada Criminal History Report).

3.2 The specific matters for which sealing is requested are summarized below:

[// GUIDANCE: Replace table entries with all offenses—convictions, dismissals, acquittals, or de-ferred adjudications—sought to be sealed. Attach certified dispositions as Exhibit B.]

IV. STATUTORY ELIGIBILITY & WAITING-PERIOD COMPLIANCE

4.1 As required by NRS 179.245(2):

a. Waiting-Period Calculation. The longest applicable Waiting Period for any Eligible Offense listed above is [__] years. As of the date of this Petition, [__] years __ months have elapsed.

b. Completion of All Sentencing Requirements. Petitioner has fully complied with and completed all terms of incarceration, probation, parole, and any court-ordered restitution, fines, or fees for each Eligible Offense.

c. Absence of Disqualifying Offenses. Petitioner has not been convicted of any subsequent offense (other than minor traffic violations) during the relevant Waiting Periods.

4.2 If any matter was dismissed or resulted in acquittal, Petitioner is entitled to immediate sealing under NRS 179.255(1).

4.3 The offenses are not excluded from sealing under NRS 179.247 (crimes against children), NRS 453.3365 (certain drug offenses within prior 3 years), or any other statutory carve-out.

4.4 Accordingly, Petitioner satisfies all eligibility criteria for sealing the criminal records identified herein.

V. SEALED RECORD ACCESS UNDER NEVADA LAW

5.1 Upon entry of the proposed order, all state and local agencies in possession of the subject records—including the Nevada Criminal History Repository, [NAMED POLICE DEPARTMENTS], and the Clerk of this Court—shall:

a. Physically and electronically seal the records; and
b. Respond to any future inquiry as though “no record exists,” except as otherwise authorized by NRS 179.259.

5.2 Statutorily Authorized Exceptions. Even after sealing, access may be granted to:

i. A prosecutor for a lawful criminal justice purpose (NRS 179.259(1)(b));
ii. The Gaming Control Board (id.); and
iii. Other entities specifically enumerated in NRS 179.259(2).

[// GUIDANCE: Consider whether Petitioner needs certified copies of the sealing order to present to federal agencies or licensing boards, and add corresponding relief if necessary.]

VI. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court enter an order:

1. Granting this Petition in its entirety;
2. Directing each law-enforcement, judicial, and administrative agency identified in Exhibit C to seal all records, papers, and databases relating to the criminal matters listed herein;
3. Requiring said agencies to transmit written confirmation of compliance within [30] days of service of the order;
4. Authorizing Petitioner to withhold disclosure of the sealed matters as provided by Nevada law; and
5. Granting such other and further relief as the Court deems just and proper.

VII. NOTICE & SERVICE

7.1 Pursuant to NRS 179.245(3), Petitioner has served a copy of this Petition (with all exhibits) on:

• The [COUNTY] District Attorney’s Office
• The Office of the Nevada Attorney General (if required)
• [ARRESTING AGENCY]

7.2 Proof of service is attached hereto as Exhibit D.

VIII. VERIFICATION / AFFIDAVIT

STATE OF NEVADA )
) ss.
COUNTY OF [___] )

I, [PETITIONER NAME], being first duly sworn, depose and state under penalty of perjury:

1. I am the Petitioner in the foregoing matter;
2. I have read the Petition and know the contents thereof;
3. The factual statements contained herein are true and correct to the best of my knowledge, information, and belief.

[PETITIONER NAME]

SUBSCRIBED and SWORN before me this ___ day of ___, 20___.

Notary Public in and for said County and State
My Commission Expires: ______

IX. PROPOSED ORDER

[// GUIDANCE: Attach a separate “Proposed Order to Seal Criminal Records,” referencing the exact agencies and case numbers. Ensure the signature block matches the assigned Department’s preferred format.]

X. EXHIBITS

A – Nevada Department of Public Safety Criminal History Report
B – Certified Dispositions / Minute Orders
C – Agency Distribution List for Sealing Order
D – Proofs of Service

ELECTRONIC SIGNATURE & FILING COMPLIANCE

Pursuant to Nevada Electronic Filing and Conversion Rules (NEFCR), this document is submitted electronically; an original wet-ink signature is maintained by counsel and will be produced upon the Court’s request.

[// GUIDANCE: End of template. Remove all guidance comments prior to filing. Ensure compliance with NRS 239B.030 by omitting social-security and other personal identifiers except as required on confidential information sheets.]