In Nevada, a misdemeanor will stay on your criminal record forever unless you get it sealed. That said, most misdemeanor convictions can be sealed from your criminal record after one, two, or seven years from the time the case closes.
If the misdemeanor charge gets dismissed short of a conviction, you can pursue a Nevada record seal immediately.
Note that the waiting period to get a record seal under NRS 179.245 begins after the case ends, not after the arrest and not after the conviction. A case ends when you complete all the sentencing terms, and the judge officially closes the case.
| Nevada misdemeanor conviction | Record sealing waiting period |
|---|---|
| Most misdemeanors | 1 year after the case closes |
| Battery, harassment, stalking, and violation of a protection order | 2 years after the case closes |
| Gross misdemeanors | 2 years after the case closes |
| DUI and battery domestic violence (BDV) | 7 years after the case closes |
You have to wait at least seven (7) years after the case ends in order to pursue a record seal for either of the following misdemeanor convictions in Nevada:
Note that getting a BDV conviction sealed does not restore your right to have firearms. Only a Nevada pardon can restore your gun rights.
You have to wait at least two (2) years after the case ends in order to pursue a record seal for either of the following misdemeanor convictions in Nevada:
Note that all gross misdemeanors also have a two (2) year waiting period.
You have to wait at least one (1) year after the case ends in order to pursue a record seal for any of the Nevada misdemeanor convictions not mentioned in the previous two sections above. Common misdemeanors with a 1-year record seal waiting period include:
There is no waiting period to pursue a record seal of a misdemeanor charge when:
Note that sometimes you get arrested or cited for a misdemeanor, and then the prosecutors choose not to bring charges at all. In this situation, prosecutors have one year from the arrest or citation to change their mind and bring charges after all.
Therefore, if you were arrested or cited for a misdemeanor but were never formally charged, you usually have to wait a full year after the incident to pursue a record seal.
Even though misdemeanors are more minor than felonies, having a misdemeanor on your criminal record can greatly impede you from getting such things as:
Having a criminal record carries a social stigma, and people in a position of power may pass you over for a job for no reason other than you had a brush with the law.
If you get your record sealed, you are greatly increasing your prospects in nearly every area of your life. Once the record is sealed, you can legally deny ever having a criminal case if asked about it under oath or during a job interview.
Getting a record sealed can be extremely time-intensive and confusing, so you are advised to retain an attorney to take care of all the paperwork, legwork, and mailings. The entire process takes several months from beginning to end. One clerical mistake can set you back weeks.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
