Nevada record sealing waiting periods

Before a court will seal a Nevada criminal record, a waiting period must have passed since the sentence was completed. How long depends on the offense category.

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Waiting periods by offense type

Waiting periods run from release from custody or discharge from parole or probation, whichever is later, not from the date of arrest or conviction. Dismissals and acquittals are eligible immediately with no wait.

Offense type	Waiting period
Dismissed or acquitted charges	No wait (eligible immediately)
All other misdemeanors	1 year
Gross misdemeanor	2 years
Misdemeanor battery, harassment, stalking, protective order violation	2 years
Category E felony	2 years
Category B, C, or D felony	5 years
Non-felony DUI (NRS 484C.110)	7 years
Non-felony battery domestic violence	7 years
Category A felony, crime of violence, or residential burglary	10 years
Charges prosecution declined to pursue	After statute of limitations, 8 years from arrest, or by agreement

Cannot be sealed (permanently ineligible)

The following offenses are permanently ineligible regardless of time elapsed or evidence of rehabilitation.

Crimes against a child (NRS 179D.0357; does not include non-sexual child abuse)	Ineligible
Sexual offenses listed in NRS 179.245(10) (open or gross lewdness, indecent exposure, luring, and statutory sexual seduction only when punished as felonies)	Ineligible
Home invasion with a deadly weapon	Ineligible
Felony third-offense DUI (except through the NRS 484C.392 program route)	Ineligible
DUI causing death or substantial bodily harm (NRS 484C.430), or other DUI-related homicide	Ineligible
Felony boating DUI, or boating DUI causing death or substantial bodily harm (NRS 488.420, 488.425)	Ineligible

Waiting periods are based on NRS 179.245 and NRS 179.255. Some offenses have specific rules that differ from the general category. A free consultation is the fastest way to confirm exactly where you stand.

How the waiting period actually works

Clock starts at sentence completion

The wait runs from when you were released from custody, discharged from probation or parole, or finished paying fines and fees, not the arrest date or conviction date. If you were on probation for three years, your wait starts when probation ended.

All cases must be eligible at the same time

Nevada seals records as a complete package. One case still within its waiting period blocks sealing of everything else. You can't cherry-pick which cases to seal while leaving others open. They all have to be ready together.

A new conviction resets the clock

You must remain conviction-free throughout the waiting period. A new conviction either extends your wait or requires that the new matter become eligible and be sealed alongside the older record. Minor traffic violations are excepted.

Unpaid fees will block filing

Outstanding jail fees, probation fees, or house arrest costs have to be cleared before a petition can move forward. These are among the most common blockers found partway through the process, and they can usually be fixed once identified.

Dismissed charges have no wait

If a charge was dismissed or you were acquitted, NRS 179.255 allows immediate sealing with no waiting period at all. People often get this rule wrong. The no-wait rule applies to dismissals, not just acquittals.

Charges the DA declined also have rules

For charges a prosecutor declined to pursue, the timing follows a different track: either after the statute of limitations has run, 8 years from the date of arrest, or by agreement with the prosecutor. This category depends heavily on the facts.

Waiting periods: frequently asked questions

Common questions about Nevada record sealing eligibility and timing.

Frequently asked questions

The clock starts when the sentence is fully completed, meaning release from custody, discharge from parole or probation, or payment of fines and completion of required programs. It does not run from the date of arrest or the date of conviction. If you were convicted but put on probation, the wait starts when probation ends, not when you were sentenced.

Most misdemeanors require a one-year waiting period from the date the sentence was completed. The exceptions are gross misdemeanors (2 years), misdemeanor battery, harassment, stalking, and protective order violations (2 years), and non-felony DUI (7 years) and non-felony domestic battery (7 years). If the misdemeanor was dismissed or you were acquitted, there is no waiting period.

It depends on the felony category. Category E felonies require 2 years. Category B, C, and D felonies require 5 years. Category A felonies, crimes of violence, and residential burglary require 10 years. Other burglary follows its felony category: burglary of a business or other structure is 5 years, and a first vehicle burglary (Category E) is 2 years. Some convictions cannot be sealed at all, regardless of time (NRS 179.245(6)): crimes against a child under NRS 179D.0357 (which does not include non-sexual child abuse); sexual offenses listed in NRS 179.245(10), although open or gross lewdness, indecent exposure, luring, and statutory sexual seduction are barred only when punished as felonies; home invasion with a deadly weapon; felony third-offense DUI (except through the NRS 484C.392 program route); DUI causing death or substantial bodily harm (NRS 484C.430) and other DUI-related homicide; and felony boating DUI, including boating DUI causing death or substantial bodily harm (NRS 488.420, 488.425).

No. If your charge was dismissed or you were acquitted, you can petition to seal the record immediately. There is no waiting period under NRS 179.255. Many people assume they have to wait even after a dismissal. You don't.

Yes. Nevada seals records as a complete package. If one of your records is still within its waiting period, or if you have a new pending case, that blocks sealing of older records that are otherwise eligible. You generally cannot cherry-pick which cases to seal while leaving others open. Every case has to be ready at the same time.

A new conviction resets the clock. The waiting period starts over for that new conviction, and the new case must become eligible before the whole package can be sealed. A new arrest without a conviction doesn't necessarily reset things, but a pending case will block filing until it resolves. Minor traffic violations don't affect the waiting period.

It depends on whether it is a felony or non-felony DUI. A non-felony DUI requires a seven-year waiting period from when the case was closed or the sentence was completed. A felony DUI (a third offense, or a DUI causing death or substantial bodily harm) cannot be sealed under Nevada law, with a narrow exception for certain third-offense cases handled through the treatment program under NRS 484C.392. If your DUI was dismissed or you were acquitted, there is no waiting period.

The most common blockers are unpaid jail fees, probation fees, or house arrest costs. These must be paid before filing. Active warrants also prevent sealing. A pending new case blocks the entire package. And if you have any offense in the 'cannot be sealed' category alongside otherwise eligible records, that ineligible offense cannot be sealed no matter how long you wait.

It depends on the charge. A non-felony battery domestic violence conviction requires a seven-year waiting period. Misdemeanor domestic violence harassment or stalking requires 2 years. For felony domestic battery, the wait is likely 10 years, because felony domestic battery is generally treated as a crime of violence; no court has settled the question. If the domestic violence charge was dismissed, it can be sealed immediately with no wait.

The end date depends on when your sentence was fully completed: release from custody, end of probation, or payment of all fines and fees. To confirm the exact date, we pull your DPS criminal history report, which shows the case outcome and relevant dates. Waiting periods for multiple cases run independently, so a case-by-case review is the only reliable way to know where you stand.

Not sure if your waiting period has passed?

Michael Mee pulls your DPS criminal history and maps out where each case stands. The call is free and takes about ten minutes.

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Page last updated November 1, 2026. Written by Michael Mee, Nevada Bar No. 13726.

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