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A criminal record in Nevada can impact your life long after the court case ends. Even if you’ve completed probation, served a suspended sentence, paid fines, or stayed out of trouble for years, your Nevada criminal history record may still appear in background checks performed by employers, landlords, government agencies, and licensing boards. These public records can affect major areas of your life, including employment, housing, professional certifications, and financial opportunities.
Nevada provides one of the most robust record sealing systems in the country, allowing many people to seal criminal records, including certain misdemeanor convictions, dismissed charges, and even some felony convictions, after a required waiting period. Sealing restores important opportunities by preventing most employers and private background check companies from accessing the information.
However, not every offense qualifies. Nevada law identifies specific crimes you can’t seal in Nevada, including serious sexual offenses, sex crimes, crimes against children, felony DUI convictions, home invasion, and crimes involving a deadly weapon. These offenses cannot be sealed under any circumstances.
This guide explains the criminal charges that the Nevada Revised Statutes list as permanently non-sealable, the reasoning behind those restrictions, and what you can do instead to protect your future. It also outlines how an experienced attorney can help you through the legal process and determine eligibility for alternative remedies.
Understanding Nevada’s Record Sealing System
Nevada allows individuals with past convictions, arrests, gross misdemeanors, and certain D felonies to request the sealing of eligible criminal records. Once sealed, the public—including most employers—cannot access sealed records. In many cases, a person may legally state the arrest or conviction “never occurred.”
The record sealing process includes:
- Obtaining necessary documents
- Completing all court forms
- Filing a record sealing petition
- Serving the district attorney or prosecuting attorney
- Receiving a final court order, if approved
But even with perfect paperwork, no amount of good conduct, rehabilitation, or time passed can make certain crimes sealable.
Crimes You Can’t Seal in Nevada
Nevada law clearly identifies the following crimes as permanently non-sealable, regardless of when the arrest occurred, how old the case is, or whether you have remained crime-free for decades.
Not even a judge can override these prohibitions.
1. Crimes Against Children
Nevada permanently bars sealing for any offense involving a minor. These crimes against children include:
- Sexual abuse of a child
- Child pornography
- Lewdness with a child
- Child endangerment involving sexual conduct
- Kidnapping a minor
- False imprisonment of a child
Any case where the victim was under 18, or under the care of a child’s parent, guardian, or caregiver, falls into this category. These records remain available to law enforcement, courts, and government agencies permanently.
2. Sexual Offenses and Sex Crimes
Nevada prohibits sealing for the most serious sexual offenses, including:
- Sexual assault
- Sexual penetration without consent
- Statutory sexual seduction
- Sex trafficking
- Sexual abuse
- Open or gross lewdness involving minors
These sex crimes carry lifetime consequences. They remain part of your Nevada criminal records indefinitely.
3. Felony DUI and Felony DUI Convictions
Under Nevada law, felony DUI—including:
- A third DUI within seven years
- DUI causing substantial bodily harm
- DUI causing death
—cannot be sealed.
Unlike misdemeanor DUIs, which may be sealable after a waiting period, felony DUI convictions are permanently excluded because of public safety concerns.
4. Home Invasion and Crimes Involving a Deadly Weapon
Nevada also prohibits sealing for violent offenses involving a deadly weapon, including:
- Home invasion
- Assault with a deadly weapon
- A battery with a deadly weapon
- Any offense where a deadly weapon was used, displayed, or possessed
Because of the threat of serious harm, these crimes remain on your criminal history record forever.
5. Involuntary Servitude and Human Trafficking
You cannot seal records involving:
- Involuntary servitude
- Human trafficking
- Facilitating or benefiting from trafficking
These very serious offenses are never considered eligible under Nevada law.
6. Abuse or Neglect of Older Persons or Vulnerable Adults
Nevada also bans sealing for crimes involving:
- Elder abuse
- Exploitation of vulnerable adults
- Neglect resulting in harm
These offenses remain permanently part of the criminal history.
7. Crimes Involving a Human Corpse
Nevada permanently excludes:
- Desecration of a human corpse
- Theft or unlawful handling of human remains
These cases cannot be sealed for public safety and moral reasons.
Why These Crimes Cannot Be Sealed
State legislators determined that certain crimes are too serious to be removed from public records, regardless of rehabilitation. Nevada’s restrictions aim to:
- Protect vulnerable populations
- Preserve public safety
- Ensure transparency for employers and government agencies
- Maintain compliance with federal statutes
- Prevent the sealing of violent or sexually motivated offenses
This also ensures that court records reflect the seriousness of specific offenses, even decades after the conviction.
What You Can Do Instead If Your Crime Cannot Be Sealed
Even if you are not eligible for sealing in Nevada, there are still powerful legal options available. An attorney can review your Nevada criminal history record and determine the best strategy.
1. Apply for a Nevada Pardon
A pardon does not seal the record, but it can:
- Restore civil rights
- Improve your standing with employers
- Show rehabilitation and good conduct
The Pardons Commissioners review applications from people who demonstrate strong reform.
2. Request Corrections to Inaccurate Criminal Records
Errors are common in:
- Arrest reports
- Court documents
- Criminal databases
- Public records
A lawyer can help correct inaccuracies to ensure your record sealing restores proper documentation—even if sealing itself is unavailable.
3. Request a Reduction of Conviction Category
Some felony convictions may be reduced to misdemeanors under certain circumstances, which can improve your reputation and opportunities, even if the offense remains non-sealable.
4. Provide Mitigation Evidence to Employers
Even without sealed records, you can strengthen your applications with:
- Certificates of completion
- Treatment or counseling documents
- Letters of recommendation
- Proof of community involvement
- Employment stability evidence
Many employers will consider the full picture, not just the conviction.
5. Explore Juvenile Record Options
Some juvenile cases may be sealable even when adult equivalents are not. An attorney can determine eligibility.
6. Consult an Experienced Attorney to Determine Eligibility
Many people incorrectly assume they cannot seal their record. But determining eligibility requires analyzing:
- The original criminal charges
- The nature of the conviction
- The applicable waiting period
- Whether the record involves D felonies, gross misdemeanors, or misdemeanor convictions
- Whether the offense was dismissed or acquitted
- Local rules in Las Vegas, North Las Vegas, or other jurisdictions
A qualified attorney ensures accurate interpretation of the Nevada Revised Statutes and the sealing process.
Nevada’s Waiting Periods for Eligible Records
While non-sealable crimes have no waiting period, all other eligible convictions require a timeframe before filing a record sealing petition, ranging from:
- 1 year for minor offenses
- 2–5 years for most misdemeanors and some felonies
- 7 years for more serious convictions
The waiting period starts only after completing:
- Probation
- Sentencing
- All fines
- Any suspended sentence requirements
How an Attorney Helps With the Sealing Process
A lawyer plays a crucial role in the sealing process, helping you:
- Review court records
- Gather necessary documents
- Prepare the record sealing petition
- Complete all court forms accurately
- File in the correct district court
- Communicate with the district attorney
- Respond to objections
- Obtain a court order if sealing is approved
Even small errors can delay the legal process or cause denial.
FAQ
What crimes cannot be sealed in Nevada?
Nevada prohibits sealing for sexual offenses, sex crimes, crimes against children, felony DUI convictions, home invasion, involuntary servitude, human trafficking, and crimes involving a human corpse.
Can I seal a felony DUI conviction?
No, felony DUI is permanently non-sealable under Nevada law.
What should I do if I cannot seal my criminal record?
Your options include requesting a Nevada pardon, correcting inaccurate records, seeking a reduction of conviction, or presenting mitigation evidence to employers.
How do I know if my criminal record is eligible for sealing?
Only an experienced attorney can evaluate your Nevada criminal history record and determine eligibility based on statutes and circumstances.
How long does the sealing process take?
Once filed, the sealing process may take several months, depending on the district attorney, courts, and the complexity of your petition.
Conclusion
Learning that your case involves crimes you can’t seal in Nevada can be overwhelming. But it does not mean you have no options. Even if sealed records are not possible, there are still meaningful legal strategies to move forward, rebuild your reputation, and protect your future. Nevada’s laws may be strict, but people who demonstrate good conduct, rehabilitation, and personal growth still have opportunities to restore rights, reduce the impact of past convictions, and reclaim control over their lives.
The record sealing process is complex, and determining eligibility under the Nevada Revised Statutes requires careful legal analysis. A single mistake in paperwork or a misunderstanding of the law can lead to denials or delays. That’s why having an experienced attorney is essential—not only for sealing, but for exploring every alternative path when sealing is not an option.
At The Defense Firm, we help clients every day navigate complicated Nevada criminal records, fight for second chances, and obtain the relief they deserve. Whether your record can be sealed or requires a creative alternative solution, we will stand with you and fight for your fresh start.
If you’re unsure whether your Nevada criminal record can be sealed—or what alternatives you have—contact The Defense Firm today. Get a free, confidential consultation with an experienced Nevada criminal defense attorney who will review your case, explain your options, and help you take the next step toward a brighter future.