Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	Records relating to a matter where the court determined the child not delinquent will be sealed by the court upon motion by the children's court attorney (prosecutor) at the conclusion of the proceedings. N.M. Stat. Ann. § 32A-2-26(J).	A delinquency adjudication can be vacated, and related records can be expunged, after two years. N.M. Stat. Ann. § 32A-3B-21.	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 child must be sealed when the child reaches 18 years of age. Nev. Rev. Stat. § 62H.140.	Records relating to a sex offense or an unlawful act that would have been a felony if committed by an adult and involved the use or threat of violence can be sealed after the person reaches the age of 30 and is no longer subject to registration and community notification. Nev. Rev. Stat. § 62H.150(6).	Records relating to a child can be sealed if the child is less than 18 years of age, has been rehabilitated to the satisfaction of the juvenile court, and is not subject to a disqualifying event. Nev. Rev. Stat. § 62H.130(1), (4).	Records relating to a child will be sealed if the child is at least 18 years of age, has been rehabilitated to the satisfaction of the juvenile court, and is not subject to a disqualifying event. Nev. Rev. Stat. § 62H.130(1), (4).	Records relating to an unlawful act that, if committed by an adult, would have been a misdemeanor or an act of a child in need of supervision pursuant to NRS 62B.320 may be expunged after the child turns 18. Nev. Rev. Stat. Ann. §62H.180(1).	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).
Ineligible Category or Citation	There is no statutory language regarding ineligible offenses.	There are no ineligible offenses.	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.	Sexual offenses are not eligible for sealing under this section. Nev. Rev. Stat. § 62H.110(3). Records relating to a traffic offense that would have been a misdemeanor if committed by an adult are not eligible for sealing. See Nev. Rev. Stat. § 62H.110.	To be eligible for sealing, the person cannot have to be subject to registration and community notification. Nev. Rev. Stat. § 62H.150(5).	To be eligible for sealing, the person cannot have been convicted of a felony or of any misdemeanor involving moral turpitude. Nev. Rev. Stat. § 62H.130(4). Records relating to a traffic offense that would have been a misdemeanor if committed by an adult are not eligible for sealing. Nev. Rev. Stat. § 62H.110.	To be eligible for sealing, the person cannot have been convicted of a felony or of any misdemeanor involving moral turpitude. Nev. Rev. Stat. § 62H.130(4). Records relating to a traffic offense that would have been a misdemeanor if committed by an adult are not eligible for sealing. Nev. Rev. Stat. § 62H.110(4).	See Nev. Rev. Stat. Ann. §62H.180(1) for eligible offenses.	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.
Clearance Process	Automatic	By petition or court's own motion	Petition-based	Petition-based	Petition-based	Automatic	Automatic	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	Petition-based	Petition-based	Petition-based	Automatic
Waiting Periods	Expungement is available immediately. The motion must be made by the children's court attorney (prosecutor) at the conclusion of the proceedings.	The order can be entered two years after judgment or release from custody and supervision. N.M. Stat. Ann. § 32A-3B-21(A).	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 records are sealed automatically when the child reaches age 21.	A petition can be filed once the person reaches age 30. Nev. Rev. Stat. § 62H.150(2).	A petition can be filed three years after the date the child was last adjudicated delinquent or placed under the supervision of the juvenile court. Nev. Rev. Stat. § 62H.130(1)(a).	A petition can be filed three years after the date the child was last adjudicated delinquent or placed under the supervision of the juvenile court. Nev. Rev. Stat. § 62H.130(1)(a).	The petitioner must be 18 years old.	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.
Fees	There is no statutory language regarding fees.	There is no statutory language on 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 are 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 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.
Effect	Upon the entry of the sealing order, the proceedings in the case will be treated as if they never occurred and all index references will be deleted. The court, law enforcement officers, departments, and agencies will reply, and the person can reply, to an inquiry that no record exists with respect to the person. N.M. Stat. Ann. § 32A-2-26(C).	Upon the entry of the expungement order, the proceedings in the case shall be treated as if they never occurred, and all index references shall be deleted and the court, law enforcement officers and departments and agencies shall reply, and the individual may reply, to an inquiry that no record exists with respect to such person. N.M. Stat. Ann. § 32A-3B-21(C).	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.	The order can seal any records relating to a child who has been taken before a probation officer, a child who appeared before the juvenile court, and the records of a child's arrest. Nev. Rev. Stat. § 62H.100. Upon the records being sealed, all proceedings recounted in the records are deemed never to have occurred and the person can reply accordingly to any inquiry concerning the record. Nev. Rev. Stat. § 62H.170(1).	The order can seal records relating to a child who has been taken before a probation officer, a child who appeared before the juvenile court, and the records of a child's arrest. Nev. Rev. Stat. § 62H.100. Upon the records being sealed, all proceedings recounted in the records are deemed never to have occurred and the person can reply accordingly to any inquiry concerning the record. Nev. Rev. Stat. § 62H.170(1).	The order can seal records relating to a child who has been taken before a probation officer, a child who appeared before the juvenile court, and the records of a child's arrest. Nev. Rev. Stat. § 62H.100. Upon the records being sealed, all proceedings recounted in the records are deemed never to have occurred and the person can reply accordingly to any inquiry concerning the record. Nev. Rev. Stat. § 62H.170(1).	The order can seal records relating to a child who has been taken before a probation officer, a child who appeared before the juvenile court, and the records of a child's arrest. Nev. Rev. Stat. § 62H.100. Upon the records being sealed, all proceedings recounted in the records are deemed never to have occurred and the person can reply accordingly to any inquiry concerning the record. Nev. Rev. Stat. § 62H.170(1). For further information on the effect of sealing, see Nev. Rev. Stat. § 62H.130(6).	If the juvenile court enters an order expunging the records of a child pursuant to this section, all proceedings recounted in the records are deemed never to have occurred. The child may reply accordingly to any inquiry concerning the proceedings and the acts which brought about the proceedings. All records that are in the custody of the juvenile court or any other court will be expunged, and records in the custody of a probation officer, probation department or law enforcement agency will be destroyed. Nev. Rev. Stat. Ann. §62H.180(1).	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.
Remedy	Seal	Vacate	Seal	Expunge	Expunge	Seal	Seal	Seal	Seal	Seal	Expunge	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.