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Nevada expungement vs. record sealing

People searching for Nevada expungement usually find out there isn't one. Here's what Nevada actually offers, what it accomplishes, and where the limits are.

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Nevada does not have expungement.

In states that have it, expungement physically destroys the record. The files are deleted and the databases are cleared. Nevada has no such mechanism. What Nevada provides is record sealing: the record continues to exist in the custody of criminal justice agencies, but its dissemination is restricted and it is hidden from background checks.

For most people, the practical result is the same. Under NRS 179.285, sealed proceedings are "deemed never to have occurred." You can legally answer "no" on job applications, rental applications, and most other forms. The differences show up at the edges: law enforcement access, gaming industry exceptions, and firearm rights.

What record sealing accomplishes in Nevada

Once a sealing order is issued, these things change.

Employment applications

NRS 179.285 expressly covers employment. You can answer 'no' when asked whether you've been arrested or convicted, including under oath on a job application. Most employer background checks will not surface the sealed record.

Rental and housing applications

Landlord screening databases report from the same consumer reporting agencies employers use. Sealed cases disappear from those databases. A sealed record will not show on a standard tenant background check.

School and program applications

Colleges, vocational programs, and volunteer organizations that run standard background checks won't see the sealed record. The legal denial right applies to these applications as well.

Public searchability

Court records that were previously searchable online are sealed from public access. People searching your name won't find court records from the sealed cases.

Civil rights

Sealing restores civil rights affected by a conviction, including the right to vote, serve on a jury, and hold public office. They are restored as soon as the sealing order is issued.

The legal fiction

A legal fiction is something the law treats as true for legal purposes. The statute says the proceedings are 'deemed never to have occurred.' That language is the source of your legal right to deny the record.

What record sealing does not accomplish

Sealing has real limits. These are the ones people run into most often.

Firearm rights

NRS 179.285 expressly excludes firearm rights from the civil rights restored by sealing. If you lost the right to possess a firearm due to a felony or domestic violence conviction, sealing does not restore it. That requires a pardon from the Nevada Board of Pardons Commissioners, which is a separate and much harder process.

Immigration consequences

Federal immigration law operates independently of state sealing orders. A sealed conviction can still be considered by immigration authorities for deportation, inadmissibility, and naturalization purposes. If you have immigration concerns, talk to an immigration attorney before drawing conclusions about what sealing will accomplish.

Federal background checks

Background checks for federal employment, security clearances, and certain federal licenses operate under federal law, not Nevada law. A Nevada sealing order does not bind federal agencies. Records that Nevada has sealed may still appear in federal databases.

Professional licensing boards

Some licensing applications, such as nursing, real estate, contracting, or law, may have their own rules about prior criminal matters. Whether a particular board can require disclosure of a sealed record depends on that board's statutes. Talk to us before answering a licensing question about a sealed record.

The underlying conviction

Sealing does not erase guilt. If you have future contact with law enforcement or the courts, sealed convictions can still be seen and considered by those agencies internally. A sealed prior conviction can still affect sentencing if you are charged with a new offense.

Expungement vs. record sealing, side by side

Expungement is not available in Nevada. This table shows how the two remedies differ, for reference, and what sealing can accomplish in its place.

FactorExpungementRecord sealing (Nevada)
Available in NevadaNoYes
What happens to the recordPhysically destroyed or deletedHidden from public; record still exists
Appears on employer background checksNoNo, for most standard checks
Can legally deny on job applicationYesYes (NRS 179.285)
Law enforcement accessGenerally none; the record is goneRetained; accessible in limited circumstances
Gaming Control Board accessN/A (not in Nevada)Yes, for gaming offenses (NRS 179.301)
Can be reopenedNo; nothing left to reopenYes, in defined circumstances (NRS 179.295)
Restores firearm rightsVaries by stateNo; requires a pardon
Restores voting and civil rightsGenerally yesYes, immediately on order

Who can still see a sealed record

A sealing order is not universal concealment. These parties retain access under Nevada law regardless of a sealing order.

Law enforcement and courts. Agencies of criminal justice retain access for record management and investigative purposes. A court may reopen sealed records upon a sufficient showing under NRS 179.295.
Nevada Gaming Control Board and Gaming Commission. Where the underlying offense was related to gaming, these bodies may inspect sealed records to evaluate suitability for a gaming license or work permit under NRS 179.301. A sealed gaming conviction is not invisible to them.
Division of Insurance. May inspect sealed records for purposes of determining suitability for an insurance license or liability for disciplinary action.
State Board of Pardons Commissioners. May inspect sealed records where the subject has applied for a pardon.
Prosecuting attorneys in defined circumstances. A prosecutor may access sealed records upon showing that newly discovered evidence connects the person to a similar offense, or for purposes of a subsequent criminal proceeding.

Expungement vs. sealing: frequently asked questions

Common questions about Nevada expungement and record sealing.

Frequently asked questions

No. Nevada does not offer expungement. In states that have it, expungement physically destroys or deletes the arrest or conviction record from databases. Nevada has no such mechanism. The remedy available in Nevada is record sealing, which hides the record from public view but does not destroy it. For most practical purposes (employment, housing, school applications) the result is the same.
Expungement destroys the record entirely. The event is treated as though it literally never occurred: the files are deleted and the databases are cleared. Record sealing hides the record from public access, but the record continues to exist in the custody of criminal justice agencies. The legal fiction (what the law treats as true) in Nevada is nearly identical. Under NRS 179.285, proceedings are 'deemed never to have occurred.' Physically, though, the record still exists and can be accessed in limited circumstances.
Yes. After sealing, the proceedings are treated as if they never happened, and you may answer questions accordingly, including on job applications (NRS 179.285). There are exceptions set by statute, not by how the question is worded. Gaming regulators can see sealed gaming-related records, and the Division of Insurance can see sealed insurance-related records (NRS 179.301). If you are applying for a gaming or insurance license, talk to us before you answer.
Not through standard background checks. Consumer reporting agencies used by most employers and landlords will not report sealed records. Federal background checks (required for some government jobs and security clearances) operate under different rules and may surface records that Nevada has sealed. Some licensing applications have their own rules. Talk to us before answering a licensing question about a sealed record.
No. NRS 179.285 expressly excludes firearm rights from the civil rights restored by sealing. If your right to possess a firearm was lost due to a felony conviction or a domestic violence conviction, sealing does not restore it. Only a pardon from the Nevada Board of Pardons Commissioners restores firearm rights. Sealing does restore voting rights, jury service rights, and the right to hold public office.
Yes, in defined circumstances. Under NRS 179.295, a court may reopen a sealed record when a subsequent criminal proceeding involves a person with a similar offense and newly discovered evidence connects them to the sealed case. Certain agencies (law enforcement, the Gaming Control Board, the Division of Insurance, and the Pardons Board) retain statutory access to sealed records regardless of the sealing order. For most people in most situations, a sealed record stays sealed.
Yes. Under NRS 179.301, the Nevada Gaming Control Board and Gaming Commission retain the right to inspect sealed records where the underlying offense was related to gaming, for purposes of evaluating suitability for a gaming license or work permit. If you work in the gaming industry or plan to apply for a gaming license, a sealed conviction may still be visible to those bodies.
Four categories are permanently ineligible regardless of time: felony DUI convictions, sexual offenses, crimes against children as defined under NRS 179D.0357, and home invasion with a deadly weapon. Category A felonies are not permanently ineligible. They require a 10-year waiting period but can be sealed once that time has passed. Everything else depends on the specific offense and waiting period.

Not sure if your record qualifies for sealing?

Call and we'll tell you whether it's sealable, how much longer the wait is, and what the process looks like. The call is free and takes about ten minutes.

Page last updated . Written by Michael Mee, Nevada Bar No. 13726.

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