Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	Records relating to non-homicide offenses committed by a victim of human trafficking due to duress, coercion, use of force, threat, or fraud can be sealed by the court. N.M. Stat. Ann. § 30-52-1.2.	Records relating to a case dismissed following the successful completion of probation in a first-time controlled substance charge can be expunged by the court if the petitioner was not over the age of 18 at the time of the offense. N.M. Stat. Ann. § 30-31-28(D).	One year from the date of the final disposition in the case, a person released without conviction for a violation of a municipal ordinance, misdemeanor, felony, penalty assessments under the Criminal Code and the Motor Vehicle Code or violations and deferred sentences under the Motor Vehicle Code, may petition the district court for an order to expunge arrest records and public records related to that case. N.M. Stat. Ann. § 293A-9(a).	Records relating to a convicition for which a person establishes factual innocence are sealed by the court immediately. Nev. Rev. Stat. Ch. 34; Nev. Rev. Stat. § 34.970(7).	Records relating to a misdemeanor conviction for a violation of sections NRS 422.540 to 422.570, inclusive, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 can be sealed by the court seven years after sentence completion, so long as the criteria in subsection (5) are met. Nev. Rev. Stat. § 179.245(1)(e), (5).	Records relating to a misdemeanor conviction for battery, harassment, stalking, or a violation of an order of protection can be sealed by the court two years after the sentence is completed, as long as the criteria are met. Nev. Rev. Stat. § 179.245(1)(f), (5).	Records relating to a misdemeanor conviction can be sealed by the court one year after sentence completion, so long as the criteria are met. Nev. Rev. Stat. § 179.245(1)(g), (5).	Records relating to a felony offense for which the petitioner successfully completed a program for reentry can be sealed by the court four years after completion of the program. Nev. Rev. Stat. § 179.259(1).	Records relating to a conviction for unlawful possession of a controlled substance not for sale can be sealed three years after the person is convicted and sentenced, so long as the criteria are met. Nev. Rev. Stat. § 453.3365.	Records relating to crimes other than crimes of violence can be vacated and sealed by the court upon a finding that the petitioner's participation in the offense was the result of being a victim of human trafficking or involuntary servitude. Nev. Rev. Stat. § 179.247.	Records relating to a conviction for an offense that has been decriminalized can be sealed by the court immediately. Nev. Rev. Stat. § 179.271.	Records relating to a conviction for a category A felony, a crime of violence, or burglary pursuant to 205.060 may be sealed by the court 10 years after sentence completion, so long as the criteria in subsection (5) are met. Nev. Rev. Stat. §§ 179.245(1)(a),(5).	Records relating to a conviction for possession of one ounce or less of marijuana will be sealed upon completion of the terms and conditions imposed at sentencing. Nev. Rev. Stat. Ann. §453.336(8).	Records relating to a conviction for which a person receives a pardon will be sealed if the person submits proof of the pardon to the court. Nev. Rev. Stat. Ann. § 179.273.	Records relating to a conviction for a category B, C, or D felony can be sealed by the court five years after the sentence is completed, so long as the criteria are met. Nev. Rev. Stat. § 179.245(1)(b), (5).	Records relating to a conviction for a category E felony can be sealed by the court two years after the sentence is completed, so long as the criteria are met. Nev. Rev. Stat. § 179.245(1)(c), (5).	Records relating to a gross misdemeanor can be sealed by the court two years after the sentence is completed, so long as the criteria are met. Nev. Rev. Stat. § 179.245(1)(d), (5).	Records relating to an offense for which the petitioner successfully completed probation will be sealed by the court. Nev. Rev. Stat. § 176A.265.	Records relating to an offense for which the person has successfully completed probation will be sealed by the court. Nev. Rev. Stat. § 176A.295.	Records relating to a conviction that is set aside following the successful completion of a treatment program can be sealed by the court. Nev. Rev. Stat. §§ 458A.240, 179.255(2).
Ineligible Category or Citation	A person convicted of homicide is ineligible. N.M. Stat. Ann. § 30-52-1.2(A)(2).	This statute only applies to offenses pursuant to 30-31-23 dismissed following conditional discharge. N.M. Stat. Ann. § 30-31-28(A).	Persons with municipal ordinance, misdemeanor, felony, and certain motor vehicle convictions are ineligible. N.M. Stat. Ann. § 29-3A-4(A).	There is no statutory language on ineligibility.	This provision applies only to offenses listed in section 179.245(1)(e). See subsections (6) and (8) for offenses ineligible for sealing.Nev. Rev. Stat. § 179.245.	This provision applies only to offenses listed in section 179.245(1)(f). See subsections (6) and (8) for offenses ineligible for sealing. Nev. Rev. Stat. § 179.245.	This provision applies to misdemeanors not listed in subparagraphs (d), (e), and (f). See subsections (6) and (8) for offenses ineligible for sealing. Nev. Rev. Stat. § 179.245.	See subsections (5) and (6) for offenses ineligible for sealing. Nev. Rev. Stat. § 179.259.	This provision applies only to convictions under section Nev. Rev. Stat. § 453.3365.	Crimes of violence are not eligible for sealing under this provision. Nev. Rev. Stat. § 179.247(2).	Traffic offenses are ineligible for sealing. . Nev. Rev. Stat. § 179.271(3).	See section 179.245 (6) and (8) for offenses ineligible for sealing.See Nev. Rev. Stat. § 179.245.	This provision applies only to convictions for possession of one ounce or less of marijuana. Nev. Rev. Stat. Ann. §453.336.	No statutory language regarding ineligible offenses.	See subsections (6) and (8) for offenses ineligible for sealing. Nev. Rev. Stat. § 179.245.	See subsections (6) and (8) for offenses ineligible for sealing. Nev. Rev. Stat. § 179.245.	See subsections (6) and (8) for offenses ineligible for sealing. Nev. Rev. Stat. § 179.245.	See section 176A.260 for eligibility for probation and deferred proceedings. See Nev. Rev. Stat. § 176A.260.	See section 176A.290 for eligibility for probation and deferred proceedings. See Nev. Rev. Stat. § 176A.290.	See section Nev. Rev. Stat. § 458A.240 for eligibility for treatment.
Clearance Process	Petition-based	Petition-based	Petition-based	Automatic	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	Petition-based	Petition-based	Petition-based	Automatic	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	Automatic	Petition-based
Waiting Periods	There is no statutory language regarding a waiting period.	The petition can be filed following the discharge and dismissal.	There is a 1-year waiting period.	There is no waiting period.	The petition can be filed seven years after the date of release from actual custody or the date the person is no longer under a suspended sentence, whichever occurs later.	The petition can be filed two years after the date of release from actual custody or the date the person is no longer under a suspended sentence, whichever occurs later.	The petition can be filed one year after the date of release from actual custody or the date the person is no longer under a suspended sentence, whichever occurs later.	The petition can be filed four years after program completion.	The record can be sealed three years after the person is convicted and sentenced.	The petition must be filed with due diligence after the petitioner has ceased being a victim of trafficking or involuntary servitude or has sought services for such. Nev. Rev. Stat. § 179.247(4)(c).	There is no waiting period.	The petition can be filed 10 years after the date of release from actual custody or discharge from parole or probation, whichever occurs later.	There is no waiting period.	There is no waiting period.	The petition can be filed five years after the date of release from actual custody or discharge from parole or probation, whichever occurs later.	The petition can be filed two years after the date of release from actual custody or discharge from parole or probation, whichever occurs later.	The petition can be filed two years after the date of release from actual custody or discharge from probation, whichever occurs later.	The record can be sealed upon the successful completion of probation.	The record can be sealed upon the successful completion of probation.	The petition can be filed at any time following the set-aside.
Fees	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There are no fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There are no fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There are no fees. Nev. Rev. Stat. Ann. § 179.273(5).	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language regarding fees.
Effect	The case is treated as if it never occurred, and all index references are deleted. The court, law enforcement agencies, and the person respond to inquiries that no record exists. N.M. Stat. Ann. § 30-52-1.2.	The person is restored to the status they occupied before the arrest or indictment. It is not perjury or false statement to fail to recite or acknowledge the arrest, indictment, or trial in response to any inquiry made for any purpose. N.M. Stat. Ann. § 30-31-28(D).	The court shall cause a copy of the order to be delivered to all relevant law enforcement agencies and courts. The order shall prohibit all relevant law enforcement agencies and courts from releasing copies of the records to any person, except upon order of the court. N.M. Stat. Ann. § 29-3A-4(f).	All proceedings are deemed never to have occurred and the person may answer accordingly to any inquiry. Nev. Rev. Stat. § 179.285.	All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with the exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 179.275. See section 179.295 for instances in which sealed records can be reopened.	All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with the exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 179.275. See section 179.295 for instances in which sealed records can be reopened.	All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 179.275. See section 179.295 for instances in which sealed records can be reopened.	Professional licensing boards are entitled to inspect the sealed record for the purpose of determining suitability for a license or liability to discipline for misconduct. Nev. Rev. Stat. § 179.259(3), (4). All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with the exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 179.275. See section 179.295 for instances in which sealed records can be reopened.	Professional licensing boards are entitled to inspect the sealed record for the purpose of determining suitability for a license or liability to discipline for misconduct. Nev. Rev. Stat. § 453.3365(4). All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 453.3365(3).	The judgement is vacated and the accusatory pleading is dismissed. All documents and records are sealed. Records can be vacated and sealed under this section even if the petition does not satisfy the requirements of section 179.245. Nev. Rev. Stat. § 179.247(7).	All proceedings are deemed never to have occurred and the person may answer accordingly to any inquiry, with exceptions listed in section 179.301. See Nev. Rev. Stat. § 179.285.	All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 179.275. See section 179.295 for instances in which sealed records can be reopened.	The court orders sealed all records of the arrest and court proceedings which are in the custody of any agency of criminal justice or any public or private company, agency, official, or other custodian. Nev. Rev. Stat. Ann. §453.336(8). All proceedings are deemed never to have occurred and the person may answer accordingly to any inquiry, with exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285.	All proceedings are deemed never to have occurred and the person may answer accordingly to any inquiry, with exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285.	All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with the exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 179.275. See section 179.295 for instances in which sealed records can be reopened.	All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 179.275. See section 179.295 for instances in which sealed records can be reopened.	All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with the exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 179.275. See section 179.295 for instances in which sealed records can be reopened.	All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with the exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 179.275. See section 179.295 for instances in which sealed records can be reopened.	All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with the exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 179.275. See section 179.295 for instances in which sealed records can be reopened.	The court orders sealed all records of the arrest and court proceedings which are in the custody of any agency of criminal justice or any public or private company, agency, official, or other custodian. Nev. Rev. Stat. § 179.255(7). All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 179.275. See section 179.295 for instances in which sealed records can be reopened.
Remedy	Seal	Expunge	Expunge	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Seal

The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.