Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	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).	Records relating to an offense dismissed upon the successful completion of a treatment program for persons who solicit prostitution can be sealed by the court. Nev. Rev. Stat. § 201.354(8).	Records relating to a case that is discharged and dismissed following the successful completion of a pre-prosecution diversion program will be sealed by the court. Nev. Rev. Stat. Ann. § 174.034.	Records relating to a criminal case can be sealed any time following dismissal of the charges or an acquittal. Nev. Rev. Stat. § 179.255(1)(a), (c).	Records relating to a criminal case in which charges were declined for prosecution can be sealed pursuant to a stipulation between the parties, or after the applicable statute of limitations has run, or eight years after the arrest. Nev. Rev. Stat. § 179.255(1)(b).	Records of the court proceeding are sealed, and records of the arrest are destroyed or returned when no charges are filed or a case terminates in the person's favor. N.Y. Crim. Proc. Law § 160.50.	Records relating to convictions for marijuana possession under sections 221.05 and 221.10 are vacated and expunged immediately. N.Y. Crim. Proc. Law § 160.50(5).	Records of one or two eligible convictions, only one of which may be a felony, can be sealed by the court 10 years after conviction or release from incarceration, if applicable. N.Y. Crim. Proc. Law § 160.59.	Records relating to a delinquency proceeding terminated in favor of the respondent will be sealed immediately, unless the court determines that the interests of justice require otherwise. N.Y. Fam. Ct. Act § 375.1(1).	Records relating to a delinquency proceeding terminated in favor of the respondent before April 14, 2010, will be sealed upon petition, unless the court determines that the interests of justice require otherwise. N.Y. Fam. Ct. Act § 375.1(6).	Records relating to an action that has resulted in a finding of delinquency can be sealed upon petition, so long as the person is at least 17 years old, the court finds it is in the interests of justice, and the person is not subject to a disqualifying felony. N.Y. Fam. Ct. Act § 375.2(6).	Records of a criminal proceeding resulting in a conviction for a traffic infraction or a violation can be sealed by the court unless the court directed that the records not be sealed in the interests of justice. N.Y. Crim. Proc. Law § 160.55(1).	Records of convictions as a result of having been a victim of sex trafficking, labor trafficking, aggravated labor trafficking, compelling prostitution, or trafficking of persons may be vacated by the court. N.Y. Crim. Proc. Law § 440.10(1)(i).	A record relating to a juvenile delinquency matter can be expunged at the discretion of the court. N.Y. Fam. Ct. Act § 375.3.
Ineligible Category or Citation	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.	This provision applies only to solicitation of prostitution offenses under sections 4.373 and 5.055.	See Nev. Rev. Stat. Ann. § 174.034. for offenses eligible for preprosecution diversion.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	This policy applies only to convictions under Penal Law sections 221.05 and 221.10.	Sealing is unavailable under § 160.59(3) when: (a) an individual is required to register as a sex offender;(b) an individual has previously obtained sealing of the maximum number of convictions allowable under 160.58; (c) an individual has previously obtained sealing of the maximum number of convictions allowable under 160.59(4);(d) the waiting period has not yet been satisfied; (e) the individual has an undisposed arrest or charge pending;(f) the individual was convicted of any crime after the date of the entry of judgment of the last conviction for which sealing is sought;(g) the individual has failed to provide the court with required sworn statement of the reasons why the court should grant the relief sought; and(h) the individual has been convicted of two or more felonies or more than two crimes. Class A felonies, violent felonies, and most sex offenses are ineligible for sealing. N.Y. Crim. Proc. Law § 160.59(1)(a).	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	A record relating to a designated felony act is ineligible for sealing. N.Y. Fam. Ct. Act § 375.2(1).	Convictions for loitering as described in section 160.10(d) or (3) or operating a motor vehicle while ability impaired as described in section 1192 of the vehicle and traffic law are ineligible for sealing. N.Y. Crim. Proc. Law § 160.55(1).	This provision applies only if the judgment is a conviction where the individual's participation in the offense was a result of having been a victim of sex trafficking or labor trafficking, compelling prostitution, or Trafficking Victims Protection Act (United States Code, title 22, chapter 78). § 440.10(1)(i).	There is no statutory language regarding ineligible offenses.
Clearance Process	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	Automatic	Petition-based	Automatic	Automatic	Petition-based	Petition-based	Automatic	Automatic	Petition-based	Automatic	Petition-based	Petition-based	Automatic	Petition-based	By petition or court's own motion
Waiting Periods	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.	There is no statutory language regarding a waiting period.	There is no statutory language regarding a waiting period.	The petition can be filed at any time following dismissal of the charges or an acquittal.	The petition can be filed upon stipulation between the parties, after the applicable statute of limitations has run, or eight years after the arrest.	The records are returned upon disposition in favor of the defendant, unless the district attorney or the court gives the defendant at least five days notice. N.Y. Crim. Proc. Law § 160.50(1).	There is no waiting period.	The petition can be filed 10 years after the conviction or release from incarceration.	The record should be sealed immediately.	The petition can be filed at any time.	The petition can be filed after the person turns 17 years old.	The records are sealed upon conviction for a noncriminal offense, unless the district attorney or the court gives at least five days notice to the defendant. N.Y. Crim. Proc. Law § 160.55(1).	The motion should be made with due diligence after the petitioner has ceased to be a victim of trafficking or compelled prostitution or has sought services, subject to reasonable safety concerns. N.Y. Crim. Proc. Law § 440.10(1)(i)(i).	The petition can be filed at any time.
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.	There is no statutory language regarding a fee for sealing. Fines are assessed for the offense. Nev. Rev. Stat. § 201.354(3).	There is no statutory language regarding fees for sealing. Costs are assessed for the preprosecution diversion program. AB470, Section (6), Laws of 2017.	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 is no statutory language regarding fees.
Effect	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.	Discharge and dismissal occurs without an adjudication of guilt and is not a conviction for purposes of employment, civil rights, or any statute, regulation, license, or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for a second or subsequent conviction. Professional licensing boards can inspect the sealed record. Nev. Rev. Stat. § 201.354 (9), (10).	Discharge and dismissal occurs without an adjudication of guilt and is not a conviction for purposes of employment, civil rights, or any statute, regulation, license, or questionnaire or for any other public or private purpose. Nev. Rev. Stat. § 201.354(7), (9).	The court can order the sealing all records of the arrest and of the 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.	The court can order the sealing of all records of the arrest and of the 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.	The arrest records are destroyed or returned to the person, or to the attorney who represented such person at the time of the termination of the action or proceeding. The person is restored to pre-arrest status and need not disclose the arrest or prosecution, except in circumstances specifically authorized by statute or court. N.Y. Crim. Proc. Law § 160.60.	The conviction is deemed a nullity, and the person is restored to pre-arrest status. Records are marked as expunged and not released to anyone. Upon written request, the records can be destroyed. The person is not required to provide information related to the case, unless specifically required by statute or superior court order. N.Y. Crim. Proc. Law § § 1.20(45), 160.50(5)(b).	Records of the arrest and prosecution are sealed and made unavailable to any person or agency, except for specified entities. The state Division of Criminal Justice Services retains fingerprints, palm prints, photographs, or digital images of the same. N.Y. Crim. Proc. Law § 160.59.	All official records and papers, including judgments and orders of the court€š but not including public court decisions, opinions, records, and briefs on appeal relating to the arrest, prosecution, and probation service proceedings, including all duplicates or copies thereof, on file with the court, policy agency, probation service, and presentment agency will be sealed and not made available to any person or public or private agency. N.Y. Fam. Ct. Act § 375.1(1).The court shall enter an order sealing the appropriate records. N.Y. Fam. Ct. Act § 375.1	All official records and papers, including judgments and orders of the court€š but not including public court decisions, opinions, records, and briefs on appeal relating to the arrest, prosecution, and probation service proceedings, including all duplicates or copies thereof, on file with the court, policy agency, probation service, and presentment agency will be sealed and not made available to any person or public or private agency. N.Y. Fam. Ct. Act § 375.1(1).	All official records and papers, with certain exceptions, will be sealed and not made available to any person or public or private agency. N.Y. Fam. Ct. Act § 375.1(1). Another court, in imposing sentence upon an adult after conviction, can receive and consider the records and information on file with the family court related to sealed matters. N.Y. Fam. Ct. Act § 381.2(2).	Photographs, palmprints, and fingerprints are destroyed or returned, with certain exceptions. The record of the criminal action will be sealed. N.Y. Crim. Proc. Law § § 60.50(1)(a)-(c).	The court can vacate the judgment and dismiss the accusatory instrument, and can take such additional action as is appropriate in the circumstances. N.Y. Crim. Proc. Law § 440.10(6).	There is no statutory language as to effect.
Remedy	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Seal	Vacate	Seal	Seal	Seal	Seal	Seal	Vacate	Expunge

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.