Practice Area - Record Sealing
Stop Serving the Record.
A conviction follows you long after the sentence is finished. Jobs, housing, professional licenses: background checks surface that record every time. Nevada law gives most people the right to seal it. Krishna makes that happen.
The Conviction Is Done. The Record Doesn’t Have to Stay.
A criminal conviction affects your life long after the sentence ends. Employment applications ask about it. Landlords run background checks. Professional licensing boards flag it. Every time someone searches your name, that record is what they find first. It is not fair, and in many cases it is not permanent. Nevada law gives most people the right to seal their criminal record once the required waiting period has run. A sealed record is removed from public view. For most purposes, it does not need to be disclosed and is treated as though it does not exist.
Krishna has been inside the criminal justice system from the beginning of his career: pro bono work, the public defender’s office, and now private practice. He understands what a conviction costs a person beyond the courtroom. Record sealing is one of the most direct ways to start reclaiming what the system took from you. He handles these petitions across Northern Nevada and gets them done right.
Who Can Seal Their Record in Nevada
Eligibility to seal a criminal record in Nevada depends on what the conviction was for and how long ago the case closed. The waiting period begins when the case is fully resolved. That means when the conviction is entered, probation ends, or the sentence is fully discharged, whichever comes last.
Most Nevada convictions are eligible for sealing after the appropriate waiting period, including most felonies. The exceptions are specific, not categorical. If you have been told you cannot seal your record, it is worth having Krishna verify that.
The following types of convictions can be sealed after the required waiting period:
- Misdemeanor convictions, including first-offense DUI
- Gross misdemeanor convictions
- Category E, D, C, and B felony convictions
- Category A felony convictions, eligible after 10 years from release from custody or discharge from parole or probation, whichever is later
- Drug convictions, including possession and some trafficking offenses
- Theft, fraud, and other white collar offenses
- Cases resolved through diversion or deferred sentencing
The following specific offenses cannot be sealed regardless of the category or how much time has passed:
- Any conviction for a crime against a child
- Any conviction for a sexual offense
- Home invasion with a deadly weapon
- Felony DUI
- DUI causing death or substantial bodily harm
- Homicide by vessel
Waiting Periods by Offense
The waiting period runs from the date the case closes. That is the later of the conviction date, the end of probation, or the full discharge of sentence. Filing before the waiting period has run will result in denial.
| Offense Type | Waiting Period | Notes |
|---|---|---|
| Misdemeanor (most) | 1 year | Simple battery, trespassing, petty theft, minor drug offenses |
| First-offense DUI (misdemeanor) | 7 years | DUI carries a longer wait even at the misdemeanor level |
| Gross misdemeanor | 2 years | Second-offense DUI, stalking, certain assault charges |
| Category E felony | 2 years | First-offense drug possession, certain theft offenses |
| Category D felony | 5 years | Identity theft, involuntary manslaughter, perjury, certain fraud |
| Category C felony | 5 years | Battery with a deadly weapon, trafficking-related offenses |
| Category B felony | 10 years | Robbery, burglary, aggravated assault. Excludes offenses permanently barred by statute. |
| Category A felony | 10 years | From release from custody or discharge from parole or probation, whichever is later. Does not apply if the specific offense is permanently excluded. |
| Crimes against children; sexual offenses; home invasion with deadly weapon; felony DUI; DUI causing death or substantial bodily harm; homicide by vessel | Cannot be sealed | Permanently excluded by statute regardless of time elapsed |
The Petition Process
Sealing a record in Nevada is a court process. It is not automatic. There are procedural requirements, mandatory notice to the district attorney, and a hearing at which the judge exercises discretion. Filing it correctly from the start is what separates a successful petition from a denied one.
Krishna begins by confirming eligibility and gathering the complete official records for every relevant case in every court where there may be prior contact. A petition that overlooks a prior case or is filed before the waiting period has fully run can be denied and in some circumstances can restart a waiting period. He then prepares the petition and supporting declaration, files it in the district court of the county where the conviction occurred, and handles the required notification to the district attorney’s office. At the hearing, he presents the case for sealing and responds to any objections. After the order is granted, he follows up to confirm the sealing is implemented across all relevant agencies and databases.
What Sealing Actually Does
Once a record is sealed, it is removed from public view. For most purposes, including employment applications, housing applications, and most licensing inquiries, the sealed conviction does not need to be disclosed. Under Nevada law, a person whose record has been sealed may lawfully state that they have not been arrested or convicted of the sealed offense. Standard background check services will not return the sealed record.
Sealing is not expungement. The record is not destroyed. Law enforcement agencies, courts for sentencing purposes in future proceedings, the Nevada Gaming Control Board, certain federal agencies, and employers in some regulated industries retain the right to access sealed records. If you are applying for a position requiring a federal background check, a gaming license, or a security clearance, Krishna will give you a clear assessment of what sealing will and will not accomplish in your specific situation before you invest time and money in the process.
Arrest Records Without a Conviction
An arrest without a conviction still creates a record that shows up on background checks. If charges were never filed, were dismissed, or the case was resolved through a diversion program with no final conviction entered, you may be eligible to seal the arrest record. In many of these situations the path is shorter and more straightforward than post-conviction sealing. If charges were never filed, you can often petition immediately. If charges were dismissed, the waiting period depends on the category of the offense originally charged.
People frequently assume that if they were not convicted, the arrest does not matter. It does. Arrest records appear on many background checks. Some employers and licensing boards specifically ask about arrests, not just convictions. Sealing an arrest record removes it from public access and allows you to represent that the arrest did not occur for most purposes. If you were arrested but not convicted, it is worth finding out where you stand.
You matter. Your case matters. Krishna is ready to help you put this behind you. Reach out today.
Don’t Wait — Call Krishna Now
The moment you are arrested or contacted by law enforcement is the moment you need an attorney. What you say, and what you do not say, in those first hours can make or break your case. You have the right to remain silent. Use it. Then call Krishna.
Krishna Prasad serves clients throughout Northern Nevada from his Reno office and is available for immediate consultations. You matter. Your case matters. Krishna is ready to fight for you.