In Nevada, you can get your 1st DUI or 2nd DUI conviction sealed from your criminal record seven years after the case ends. However, you can never seal convictions for felony DUIs, which include 3rd DUIs and DUIs causing injury or death.
DUI charges that get reduced to reckless driving may be sealed only one year after the case ends. If the charge gets completely dismissed, then the DUI record may be sealed right away.
Having a criminal record with a driving under the influence case looks bad to potential employers. Even if the charge gets dropped, a record of the arrest still shows up in background checks.
The following flowchart summarizes the DUI record seal process in Nevada.
Therefore, you should seek legal counsel to try to get your DUI criminal records sealed as soon as possible. In this article, our Las Vegas DUI lawyers discuss:
- 1. What are record seals?
- 2. Sealing DUI Convictions
- 3. Sealing DUI Dismissals
- 4. Sealing Reckless Driving
- 5. What is the process?
- 5. How long does it take?
- 6. Who can see sealed records?
- 8. Sealing vs. Expungement
- Additional Reading
Misdemeanor DUI cases in Nevada can be sealed 7 years after the case closes.
1. What are record seals?
Criminal records including convictions for driving under the influence are public information in Nevada. When your record gets sealed, it is hidden from all the government databases that store criminal records. Therefore, the general public can no longer see or access your DUI conviction information.
The main benefit is that sealed records no longer appear on background checks. Prospective employers, landlords and creditors will not know about it. Once your record is sealed, you may legally say — even under oath — that you have never had a DUI.
2. Sealing DUI Convictions
If you are convicted of a misdemeanor DUI in Nevada, you need to wait seven years after the case is closed before you may petition the court to get your record sealed. By contrast, if you are convicted of felony DUI, you may not get your record sealed at all.
Note that the waiting time to get a record seal starts when the criminal case ends, not after the arrest. A typical misdemeanor drunk driving case may be ongoing for several months or a year following the arrest.
Example: Chuck gets arrested for driving under the influence of marijuana on January 1, 2023. He ultimately pleads guilty. On January 1, 2024, the judge closes the case after Chuck provides proof he completed all the sentencing terms. Therefore, Chuck can pursue a record seal starting January 1, 2031–seven years after the case ended.
If seven years seems like a long wait time to seal a misdemeanor, it is: Most other misdemeanors in Nevada can be sealed after only one year. The long wait time is meant to reflect the gravity of DUIs. In 2022 alone, there were 233 DUI-related deaths in Nevada.1
For more information, see our article, How long does a DUI stay on your record in Nevada?
3. Sealing DUI Dismissals
If the prosecutor drops the DUI charges — and therefore you never get convicted — you may petition to get the arrest record sealed immediately. There is no wait.2
4. Sealing Reckless Driving
If you plead to misdemeanor reckless driving as part of a plea bargain, you then have to wait only one year after the case is closed to pursue a record seal in Nevada.3
Example: In 2022, Diana was arrested in Nevada for driving under the influence of prescription drugs. Her attorney worked out a plea bargain whereby the DUI charges were reduced to reckless driving.
In 2023, the judge closed the case after Diana completed all the sentence terms. Diana should have been able to get the record sealed one year later in 2024. Had she not gotten the DUI charges reduced to reckless driving, she would instead have to wait seven years until 2030.
5. What is the process?
First we get a copy of your police records (called a “SCOPE”) and then compose a “petition to seal,” which we deliver to the prosecutors. Assuming they sign off on it, we then deliver the petition to the judge.
In some cases, judges hold hearings before deciding whether to grant your petition. If the judge ultimately grants your petition and issues an order to seal, we mail a copy of it to every state agency that has your records.
This process is time-consuming, complicated, and tedious, which is why it is recommended that you retain experienced counsel to handle all the paperwork. Otherwise, it is easy to make little mistakes that could jeopardize ever getting the record sealed.
Your application should go through if it was done correctly. If the court denies your record seal application, you have to wait another two years before making a final bid to seal the record.4
6. How long does it take?
Several months. Most of the record seal process is simply waiting to hear back from government agencies such as the Nevada Criminal History Repository.
7. Who can see sealed records?
Certain agencies like the Nevada Gaming Control Board may access your sealed criminal record to determine your fitness to hold a gaming license. Also, prosecutors or other people involved in the DUI incident may petition the court to open the records to find information relevant to their case.5
8. Sealing vs. Expungement
Nevada law never uses the word “expungement,” only “sealing.” No Nevada records can be “expunged.”
The meaning of “expungement” varies state to state. In California for instance, an expungement updates a criminal record to show that probation is completed and the charge is dismissed.6
Additional Reading
For more information, refer to our related articles:
- What Nevada convictions can never be sealed? – Overview of which convictions must remain on your record forever.
- 10 ways sealed records differ from Governor’s pardons in Nevada – A comparison and contrast.
- How to seal domestic violence criminal records in Nevada – Guide for how to clear misdemeanor BDV convictions.
- How much does it cost to seal my criminal record in Nevada? – Deep dive into the costs associated with record seals.
- “Seal” Your Criminal Record in Nevada – The 5 Steps – Thorough explanation of Nevada’s record seal process.
Legal References:
- NRS 179.245. National Advisory Committee on Traffic Safety.
- NRS 179.255.
- NRS 179.245.
- NRS 179.265.
- NRS 179.295; NRS 179.301.
- Penal Code 1203.4 PC.