To seal a reckless driving conviction from your criminal record in Nevada, you have to wait the following amount of time after the case ends:
- one year for a misdemeanor,
- two years for a gross misdemeanor, and
- five years for a category B felony.
However, if the reckless driving charge gets dismissed short of conviction, you can petition for a seal immediately.
How long does reckless driving stay on my driving record?
In Nevada, the eight demerit points you get for a reckless driving conviction disappear after 12 months, though the reckless driving conviction remains on your driving record forever – even if you get it sealed from your criminal record.
However, driving records only go back three or ten years (depending on which one you order). So once ten years have passed, it should not appear on your driving record at all.
What is reckless driving in Nevada?
Reckless driving is operating a motor vehicle in a very risky way that goes beyond mere negligence. You are endangering people or property. There are five types of reckless driving in Nevada:
1. Driving in willful or wanton disregard of safety of persons or property
An example of driving in willful or wanton disregard is going significantly over the posted speed limit. This is usually punished as a misdemeanor, carrying a fine, 8 DMV demerit points, and a possible jail sentence of up to 6 months. The fine for a first offense is $250 to $1,000.
The fine for a second offense is $1,000 to $1,500, and the fine for a subsequent offense is $1,500 to $2,000. Misdemeanor convictions can be sealed one year after the case ends.
Note that if you cause death or substantial bodily harm, reckless driving becomes a category B felony. The penalty is 1 to 6 years in Nevada State Prison and a fine of $2,000 to $5,000. Though the maximum prison term is 10 years if the incident involved speeding at least 50 mph over the speed limit or took place in a pedestrian safety zone, school zone or a school crossing zone. Category B felony convictions can be sealed five years after the case ends.
2. Eluding a police vehicle
Eluding occurs when you willfully fail to stop for police officers in a readily identifiable vehicle that is signaling you to pull over. A misdemeanor, eluding is punishable by up to 6 months in jail and/or up to $1,000 in fines. Misdemeanor convictions can be sealed one year after the case ends.
Though if death or bodily harm results, eluding becomes a category B felony. The sentence is 2 to 20 years in prison and/or a maximum $50,000 fine. Category B felony convictions can be sealed five years after the case ends.
Learn more about evading police in Nevada (NRS 484B.550).
3. Colliding with a pedestrian or cyclist by failing to exercise due care
Colliding with a pedestrian or cyclist is a misdemeanor, carrying fines, community service, a driver’s license suspension of 6 months to 2 years, and a potential jail sentence of up to 6 months.
- For a first offense, the fine is $250 to $1,000, and you must perform 50 to 99 hours of community service.
- For a second offense, the fine is $1,000 to $1,500, and you must perform 100 to 199 hours of community service.
- For a subsequent offense, the fine is $1,500 to $2,000, and you must perform 200 hours of community service.
Misdemeanor convictions can be sealed one year after the case ends.
4. Unauthorized speed contests
Racing in public without a permit is a misdemeanor, carrying fines, community service, a driver’s license suspension of 6 months to 2 years, and possible jail time of up to 6 months.
- For a first offense, the fine is $250 to $1,000, and you must perform 50 to 99 hours of community service.
- For a second offense, the fine is $1,000 to $1,500, and you must perform 100 to 199 hours of community service.
- For a subsequent offense, the fine is $1,500 to $2,000, and you must perform 200 hours of community service.
For a first-time offense, you may have your racing vehicle impounded for 15 days. If you are a repeat offender, you will have your racing vehicle impounded for 30 days.
Misdemeanor convictions can be sealed one year after the case ends.
5. Unauthorized trick driving
A trick driving display is using an automobile to perform stunts on a public highway where traffic has been impeded to enable the stunts. This is a gross misdemeanor, punishable by fines, community service, a possible driver’s license suspension of 6 months to 2 years, and possibly up to 364 days in jail.
- For a first offense, the fine is $1,000 to $1,500, and you must perform 100 to 199 hours of community service.
- For a subsequent offense, the fine is $1,500 to $2,000, and you must perform 200 hours of community service. Plus, the vehicle will be impounded for 30 days.
Gross misdemeanor convictions can be sealed two years after the case ends.
How do I seal the record?
The process of sealing a criminal record has several steps. First, you must obtain your criminal history from the arresting police agency (called a SCOPE). Then you must submit a petition and order to seal with the prosecuting agency.
Assuming the prosecutors sign off on it, you would then submit the petition and order to the court that heard the case. Assuming the judge signs off on it, you would then mail copies of the signed order to seal to all the state agencies that have copies of the criminal records. This process takes up to one year.
Every court has its own procedures for record seals. You can google your local court and “record seal” to find the relevant forms and instructions. The record sealing handbook for Clark County, NV is here.
