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Nevada: Adult Non-Conviction Arrests (NV-NC-3)
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).
Record Detail(s)
Charges not filed
Previous Conviction Disqualifying
No
Mandatory / Discretionary
Discretionary
Hearing
Yes, if objection filed
Clearance Process
Petition-based
Remedy
Seal
Ineligible Category or Citation
There is no statutory language regarding ineligible offenses.
Procedure General
The petition must be filed in the court having jurisdiction in which the charges were declined for prosecution. For the specific procedure, see Nev. Rev. Stat. § 179.255.
A person whose petition is denied can petition for a rehearing two years after the denial, and no more than two rehearings can be requested. Nev. Rev. Stat. § 179.265.
Fees
There is no statutory language regarding fees.
Effect
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.
Waiting Periods
The petition can be filed upon stipulation between the parties, after the applicable statute of limitations has run, or eight years after the arrest.
