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For individuals with a DUI on their record in Nevada, one of the most common questions is whether that offense can be removed or hidden from public view. While the state of Nevada does not offer “expungement” in the traditional sense, it does allow for a legal process called record sealing, which can make certain DUI records inaccessible during background checks.
This blog post will walk through how DUI record sealing works in Nevada, who qualifies, how long you have to wait, and what the process involves. We’ll also explain the key differences between expungement and sealing, and clarify what effect sealing a DUI record has on employment, housing, and other aspects of life.
If you’ve been convicted of DUI in Nevada—or even just arrested without being convicted—this guide provides a neutral and fact-based overview of what your options are when it comes to sealing that record.
Nevada Does Not Offer DUI Expungement
It’s important to start with terminology. Nevada law does not allow for the expungement of criminal records, including DUIs. Expungement is the complete deletion of a criminal record from public and government databases, as if it never happened. Some states allow this, but Nevada does not.
Instead, Nevada offers a process known as record sealing. When a record is sealed:
- The information is hidden from most background checks
- The record remains in existence but is inaccessible to the general public
- Certain government agencies (like law enforcement and courts) may still access it under specific conditions
So while you cannot expunge a DUI in Nevada, you may be able to seal it—if you meet the eligibility requirements and follow the proper procedures.
Eligibility to Seal a DUI Record in Nevada
Not all DUI cases are eligible for record sealing in Nevada. Whether you’re eligible depends on:
- The nature of the offense (misdemeanor or felony)
- How much time has passed since the case closed
- Whether all court requirements have been completed
Here’s a basic breakdown:
- First-time misdemeanor DUI: May be sealed seven years after the case is closed, including the completion of any court-imposed penalties.
- Second-time DUI: Typically also a misdemeanor but may be more difficult to seal.
- Felony DUI (e.g., third offense or DUI involving injury/death): Not eligible for sealing under Nevada law.
It’s also important to note that if your DUI charges were dismissed or you were acquitted, you may be eligible to seal the record much sooner—even immediately in some cases.
Sealing vs Expunging a DUI in Nevada: What’s the Difference?
While these terms are often used interchangeably, sealing and expungement are not the same—especially in Nevada.
- Expungement: Permanently erases a criminal record. It’s as if the offense never happened. Not allowed in Nevada.
- Record Sealing: Hides the record from public view. The record still exists but is inaccessible to most employers and organizations. Allowed in Nevada for some DUI cases.
In practical terms, sealing a record has many of the same benefits as expungement for everyday situations like applying for jobs or housing. However, sealed records can still be accessed by courts, police, and certain licensing agencies if legally necessary.
For people looking to reduce the long-term impact of a DUI, sealing is the best available option under Nevada law.
How Long You Must Wait to Seal a DUI Record in Nevada
Nevada law sets clear timelines for when a DUI conviction becomes eligible for record sealing. The countdown begins after all aspects of the case are fully resolved, which means:
- Completion of probation
- Payment of all fines and fees
- Completion of DUI school or community service
- Any other court-ordered requirements
Here are the general waiting periods:
- First misdemeanor DUI: 7 years after the case is closed
- Second misdemeanor DUI: May require longer; check specific case details
- Felony DUI: Not eligible for sealing
If your DUI case was dismissed or you were found not guilty, there is typically no waiting period—you can petition for sealing immediately.
These timelines must be met before filing a petition, and any early attempts will likely be rejected by the court.
The DUI Record Sealing Process in Nevada
Sealing a DUI record in Nevada involves several steps. While individuals are allowed to file on their own, many choose to consult with an attorney for assistance due to the technical nature of the paperwork.
The general steps include:
- Determine eligibility based on your conviction type and how much time has passed.
- Obtain certified copies of your court records and final case disposition.
- File a petition with the appropriate court requesting to seal the record.
- Serve notice to the prosecuting agency (District Attorney or City Attorney).
- Wait for court review and possible hearing.
- If approved, the court will issue an order to seal the record.
- Distribute sealed order to relevant agencies, including law enforcement and the DMV (if applicable).
Once the record is sealed, it will no longer appear on most public background checks. However, it’s a good idea to confirm that the sealed status has been updated across all necessary agencies.
Impact of Record Sealing on Employment and Background Checks
Sealing a DUI record in Nevada has a direct effect on how it appears—or doesn’t appear—during background checks. Once the record is officially sealed:
- Most employers and landlords will not see the DUI in their background reports
- You are legally allowed to say that you have not been convicted of that offense
- The sealed record will not be accessible to the general public
However, sealed records can still be viewed by certain entities, such as:
- Law enforcement agencies
- Court officials involved in future legal proceedings
- State licensing boards, depending on the profession
While sealing doesn’t erase the event, it removes the most significant barrier that individuals face when trying to move on from a past DUI conviction.
DUI Arrests Without Conviction: Faster Sealing Eligibility
If you were arrested for DUI but not convicted, you may be eligible to have your record sealed much sooner, or even immediately. This includes cases where:
- Charges were dropped
- The case was dismissed
- You were acquitted in court
In these situations, the arrest record may still exist but is generally eligible for sealing right away. Doing so can help prevent misunderstandings during background checks and improve your opportunities for employment or housing.
Quick action after a dismissed or dropped case can make a major difference in your ability to move forward.
FAQ
Can I expunge a DUI in Nevada?
No. Nevada does not offer expungement, but you may be eligible to seal your DUI record depending on the case details.
How long do I have to wait to seal a DUI?
For a first misdemeanor DUI, the wait is seven years after the case is fully closed.
What if my DUI case was dismissed?
You can usually petition to seal the arrest record immediately after dismissal.
Can a felony DUI be sealed?
Generally, no. Felony DUIs—especially those involving injury or death—are not eligible for sealing.
What’s the difference between sealing and expungement?
Sealing hides the record from public view but doesn’t erase it. Expungement removes the record entirely, which is not permitted in Nevada.
Who can still see a sealed record?
Law enforcement, courts, and some state agencies may still access sealed DUI records if legally necessary.
Do I need a lawyer to seal my record?
Not necessarily, but legal help can make the process faster and ensure all steps are handled correctly.
Conclusion
While expungement is not available in Nevada, many people with a DUI record may qualify for record sealing, which offers meaningful relief. A first misdemeanor DUI can often be sealed seven years after the case ends, helping individuals move forward with fewer barriers in employment, housing, and daily life.
To better understand the long-term impact of a DUI and how to manage your record, visit our complete guide on DUI records and long-term consequences. For more on record timelines and eligibility, read our detailed post on how long a DUI stays on your record.