Have A Question? Search This Site:
A DUI conviction can have lasting consequences beyond fines or license suspension, and one of the most common questions people ask is whether a DUI goes on their criminal record. In Nevada, the answer is yes—a DUI does go on your criminal record, and the implications can follow you for years if not managed properly.
This post breaks down how DUI offenses are recorded in the criminal system in Nevada, how long they remain visible, and how that record can affect things like background checks and employment opportunities. Whether you’ve been arrested or convicted, or you’re simply trying to understand how Nevada handles DUI charges, this guide provides factual and neutral information about how the state treats DUI records.
Let’s explore what happens after a DUI arrest in Nevada and how it can impact your criminal history.
When a DUI Becomes Part of Your Criminal Record in Nevada
In Nevada, a DUI typically becomes part of your criminal record once charges are formally filed. If the case leads to a conviction—either through a guilty plea, a no-contest plea, or a court ruling—the conviction is recorded in the state’s criminal database.
For a first or second DUI offense, the charge is usually classified as a misdemeanor. Even though it’s not a felony, a misdemeanor DUI conviction still becomes part of your criminal record and is visible during background checks.
If the DUI involves serious circumstances—like injury, death, or a third offense—it may be charged as a felony. A felony DUI conviction carries more severe penalties and creates a permanent mark on your criminal history that cannot be sealed in many cases.
It’s important to note that even a DUI arrest without a conviction may still appear on your criminal record unless you go through the appropriate steps to seal it.
What Criminal Records Show After a DUI Conviction
A DUI conviction in Nevada creates a public record that may include:
- The arrest date and location
- The charges filed
- The outcome of the case (e.g., conviction)
- The penalties imposed (e.g., fines, jail time, probation)
This information becomes part of the Nevada Criminal History Repository, which is accessible by law enforcement, courts, and sometimes employers or licensing agencies, depending on the nature of the background check.
If you are convicted of DUI, that information remains visible on your criminal record indefinitely unless you take legal action to seal the record. For many people, this visibility can affect job applications, housing opportunities, or eligibility for certain certifications.
Misdemeanor vs Felony DUI: Criminal Record Implications
The severity of your DUI charge in Nevada significantly affects how it appears on your criminal record. Here’s how the classification breaks down:
- First DUI (Misdemeanor) – Typically includes fines, mandatory DUI education, and license suspension. It becomes a public criminal record and remains unless sealed.
- Second DUI (Misdemeanor) – Carries harsher penalties and also stays on your record.
- Third DUI (Felony) – Considered a Category B felony under Nevada law and creates a permanent criminal record that generally cannot be sealed.
Felony DUIs are taken seriously in Nevada, especially if they involve injury or death. These cases have longer-term consequences, including longer jail sentences and lifelong barriers in areas like employment and housing.
Regardless of classification, once convicted, the offense is documented in your criminal record.
How Long a DUI Stays on Your Criminal Record in Nevada
Unless sealed, a DUI conviction in Nevada will remain on your criminal record permanently. However, for certain misdemeanor convictions, Nevada allows for the possibility of record sealing under specific conditions.
For a first-time DUI misdemeanor, you may petition to have the record sealed seven years after the case has closed. The timeline begins after you’ve completed all court requirements, including probation, DUI school, or any other conditions set by the court.
If your DUI was a felony, especially one involving injury, death, or multiple offenses, sealing is usually not permitted. This means the record stays public and visible indefinitely.
It’s also important to remember that the sealing process is not automatic. You must file a formal petition and have it approved by the court.
Who Can See a DUI on Your Criminal Record?
In Nevada, your criminal record can be accessed by various groups, depending on the circumstances:
- Employers conducting pre-employment background checks
- Landlords during rental application screening
- State licensing boards for professions like healthcare, education, or law
- Law enforcement and the courts
A DUI conviction will generally show up in these checks unless the record has been sealed. For example, even a first-time DUI can cause complications when applying for jobs, especially those involving driving responsibilities or safety-sensitive roles.
However, once the record is sealed (if eligible), it becomes hidden from most civilian background checks. Government agencies and law enforcement may still access the information under specific conditions, but employers and landlords typically won’t be able to see it.
Record Sealing for DUI Convictions in Nevada
Sealing a criminal record in Nevada doesn’t erase the offense, but it does make the record invisible to the general public. This process is only available to individuals who meet certain criteria.
For a misdemeanor DUI, the waiting period is seven years after the case closes. You must not have committed additional offenses, and all court requirements must be satisfied. Once eligible, you must file a petition with the court and go through a review process.
For felony DUIs, Nevada law does not allow sealing in most cases. This includes DUI cases that involved serious injury or resulted in a third or subsequent offense.
Sealing a record can make a meaningful difference when applying for jobs or housing, but it’s important to confirm eligibility and follow the correct legal process.
DUI Arrests Without Conviction: What Goes on Your Record?
In Nevada, being arrested for DUI doesn’t automatically lead to a conviction. Charges may be dropped, reduced, or dismissed depending on the evidence or legal circumstances.
However, the arrest record itself may still appear in background checks unless it’s sealed. The good news is that arrests without a conviction are often eligible for sealing much sooner—in some cases, immediately after dismissal.
This distinction matters because even without a conviction, an arrest for DUI can create confusion or raise concerns during job or housing screenings. Sealing the arrest record helps prevent misunderstandings and protects your privacy.
DUI and Employment Background Checks in Nevada
Nevada employers commonly run background checks as part of the hiring process, and a DUI on your criminal record can influence the outcome—especially if the job involves driving or public safety.
Employers may consider factors like:
- The number of DUI offenses
- How recent the conviction is
- Whether the record has been sealed
- The nature of the job applied for
Positions that require driving a company vehicle or handling sensitive responsibilities are more likely to be affected by a visible DUI conviction.
Even if the DUI was years ago, unsealed records can continue to impact your career options. Sealing a record—when possible—can reduce these challenges significantly.
FAQ
Does a DUI always go on your criminal record in Nevada?
Yes. A DUI conviction—whether misdemeanor or felony—is recorded in your Nevada criminal history.
Can a DUI be sealed from my record?
If it’s a first-time misdemeanor DUI, yes, but only seven years after the case closes and after all court requirements are met.
Will an arrest without conviction show up on a background check?
Yes, but these records can often be sealed much sooner than convictions.
Does a felony DUI stay on your record permanently?
In most cases, yes. Felony DUI convictions cannot be sealed under Nevada law.
Who can see my DUI record?
Employers, landlords, licensing boards, and law enforcement may access it—unless the record has been sealed.
What’s the difference between a DUI record and a driving record?
A DUI on your criminal record relates to legal convictions, while a driving record shows license status and traffic-related penalties.
Do employers always reject applicants with a DUI?
Not always. It depends on the job, how recent the offense is, and whether the record has been sealed.
Conclusion
A DUI conviction in Nevada becomes part of your criminal record and can remain there indefinitely unless legally sealed. For first-time misdemeanors, sealing is possible after a seven-year waiting period, but felony DUIs are generally permanent. These records can influence job opportunities, housing applications, and more.
To better understand how DUI convictions impact your long-term record, check out our full guide on DUI records and long-term consequences. For a deeper look into how long these offenses remain visible, visit our post on how long a DUI stays on your record.