Are Criminal Records Public In Nevada?

Under NRS 179A.100, Nevada criminal records are not considered public information. According to the law, all state custodians are restricted from disclosing a criminal record to the public, either in part or its entirety. However, restricted access to the state’s criminal records is not absolute, as certain agencies may gain access to these records. The law provides access to the following entities:

• The person named on the record
• State licensing agencies
• A public guardian acting in an investigative capacity for a protected person
• Criminal justice agencies in Nevada and other states
• Law enforcement agencies in Nevada and other states
• A Nevada agency acting in the interest of public safety
• A reporter or editorial employee affiliated with a licensed media station, for statistical purposes. Note that records accessible by reporters and editorial employees do not contain identifying information

Persons who meet any of the above categories may obtain criminal records from the Nevada Department of Public Safety, through its Records, Communications and Compliance Division (RCCD).

What Is Included In A Criminal Record In Nevada?

A Nevada criminal record is a detailed illustration of a person’s criminal history in the state. The criminal record typically shows a particular person’s information, describing an outline of the case right from when such a person is arrested for a crime. Information about the crime, case history, and the current status of the case is also included on the record. Criminal records are assembled from several state authorities, including law enforcement agencies, courts, and correctional facilities. Generally, the following are details available on a Nevada criminal record:

• The name of the individual, along with all known aliases
• The individual’s mugshot
• Physical descriptors such as height, weight, gender, and race
• A full set of fingerprints
• Details about all arrests
• Details about all warrants, past and outstanding
• All indictments
• Conviction information
• All other disposition details, including sentencing or dismissal

How To Look Up My Criminal Records In Nevada?

Persons eligible to access a criminal history record may request from the Records, Communications and Compliance Division (RCCD). Personal criminal records may only be requested from the RCCD through a fingerprint check. Note that the RCCD does not entertain third-party requests for these records.

To request a fingerprint check, complete and download the Request for Nevada Records of Criminal History Form. Filling the form requires the person’s first name, middle name, last name, date of birth, and a return address where the applicant may receive the record. The form also requires an active phone number, contact email, date, and the subject’s signature. The applicant is required to indicate a reason for the request. All information on the form is required, except where otherwise stated.

Note that this form costs $27. Payments are accepted by a certified check or money order payable to the Department of Public Safety. The RCCD will not accept payments by cash or personal checks.

The RCCD also requires the applicant to obtain proof of identity via a fingerprint card. The fingerprint card must include the applicant’s name, signature, date of birth, sex, race, place of birth, hair color, weight, height, and eye color. The fingerprint card must be taken, dated, and also signed by a certified fingerprinting technician. Note that the RCCD will only accept new and original cards. Copies of fingerprint cards, or cards that were previously processed will be rejected.

Send the completed form, fingerprint card, and the check or money order to the RCCD using the details below:

Department of Public Safety

Records, Communications and Compliance Division

333 West Nye Lane

Suite 100

Carson City, NV 89706

Note that the RCCD may take up to 45 days to process the request. After processing, the requestor will receive an official response with the complete content of the record sought. If no record were found, the requestor would also receive a letter to the effect.

Criminal records are only available from 1987 to date. Persons interested in obtaining older records may directly contact the arresting agency.

How Can I Get My Criminal Records For Free In Nevada?

The Records, Communications and Compliance Division (RCCD) allows eligible persons to request Nevada criminal records for $27. Currently, the RCCD does not provide an option for interested persons to obtain copies of a criminal record for free. However, certain persons may receive a fee reduction.

Nevada allows employees or prospective employees of a volunteer organization to access these records for a reduced fee of $21.50. Volunteers must, however, follow the same record request process.

How To Search Criminal Records Online In Nevada?

Criminal records are only accessible from the Records, Communications and Compliance Division (RCCD) by mail and in person. Nevada does not provide an online platform where requestors may find criminal records either for free or for a fee. However, interested persons that still require information on criminal records may use the online search function provided by the Nevada Judiciary, to find criminal case files.

The search function provides a case search and a participant search, depending on what information the requestor has. To use the case search, provide information about the case, including a case number, the type of court that handled the case, and a possible caption.

For the participant search, fill in the individual’s last name, first name, or middle name. Requestors may also fill in a company name if the case involved an organization. The participant search also requires the requestor to select a court type. The search result displays a list of cases that match the requestor’s inputted query. Each case further displays:

• A case number,
• Short caption,
• The individual’s name,
• The role the person played in the case,
• The court that handled the case
• The case classification, status
• The subject’s attorney

Docket entries are also available as part of the search results. These entries include the filing date, type, description, status, and document number.

Note that online case information may not be used to replace official criminal records or official court records. Furthermore, a null result should not be taken as confirmation that a criminal record for the subject does not exist. For official records, contact the court that handled the case.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How To Get Criminal Records Sealed In Nevada?

Persons with criminal records in Nevada may apply to have these records sealed, according to NRS 179.245. The law provides that certain offenses may be sealed, which prevents public or unauthorized access to the records. However, Nevada’s law on sealing records specifies strict requirements cases must meet to be eligible for sealing.

If the arrestee was not convicted because of dismissed charges, the petition to seal the records may be filed at any time. However, if the individual was not convicted because the prosecuting attorney with jurisdiction over the case did not prosecute the charges, the individual may file a petition:

• Whenever the applicable statute of limitations has elapsed
• When at least ten years have passed since the arrest
• In line with an agreement between the parties to the case

For individuals convicted of offenses eligible for sealing, the following requirements apply:

• The person has completed probation ordered by the court
• The person has completed a reentry program. Note, this does not apply if the conviction was for a sex offense or an offense against a minor
• The conviction was for possession of a controlled substance without any intention to sell. Note that the individual may only petition after three years from the date of the sentence
• The conviction was for an offense related to prostitution where the individual was a victim of involuntary servitude or human trafficking, and the individual is no longer a victim

Regardless of the above, Nevada statutes further provide waiting periods for several offenses. For eligible convictions, the following are compulsory waiting periods before an individual may apply to seal a criminal record:

• For a misdemeanor other than a gross misdemeanor or any other misdemeanor mentioned below, at least one year must have passed from the date the person was released from custody, or from the date the person was no longer under a suspended sentence. The period depends on which one happens later
• At least two years have passed after the end of a suspended sentence or incarceration, for gross misdemeanors, misdemeanor battery, stalking, harassment, or a violation of an order for protection. This depends on whichever happens later.
• For a non-felony domestic violence offense, non-felony DUI, or Medicaid fraud, at least seven years have passed from the date the person was released from custody or released from a suspended sentence
• For category E felony, at least two years have passed from the date the person was released from custody or released from parole or probation, whichever happens later
• For category B, C, or D felony, at least seven years have passed from the date the person was released from custody or released from parole or probation, whichever happens later
• For category A felony, burglary, or administering a controlled substance to help commit a violent crime, at least ten years have passed since the person’s release from custody, probation, or parole. The waiting period depends on whichever happens later

In addition to the above requirements and waiting periods, note that convictions for the following offenses are ineligible for sealing:

• An offense against a minor
• A sexual offense
• Home invasion with a deadly weapon
• Driving under the influence
• Vehicular homicide while intoxicated or under the influence of a controlled substance
• Boating under the influence; this is operating a watercraft under the influence of alcohol or any other controlled substance

Persons eligible to have a record sealed may begin the process by filing a petition in the Nevada court with jurisdiction over the case. Fill the Petition to Seal Records for District Court or Petition to Seal Records for Justice or Municipal Court form, depending on the court with jurisdiction over the case. Note that filing fees may apply, and these may vary between courts.

Filling the form requires the petitioner’s name, date of birth, address, phone number, date of arrest, arresting agency, arresting agency case number, state process control number (PCN), information about all charges, and the final disposition on each charge. Note that the petitioner must attach a copy of the petitioner’s verified criminal history record, as received from the RCCD. Furthermore, the petitioner may include a list of all public or private agencies and companies that may have possession of the petitioner’s criminal records.

Each petition includes an Order to Seal Records form that the petitioner is expected to fill in anticipation of a granted petition. The form should also be filled with information about the petitioner, arrest information, arrest agency, charges, and the final disposition on each case. If the petition is granted, ensure to send a copy of the order to all of the listed entities.

Note that the prosecuting attorney may object to the petition to seal the record, resulting in a hearing ordered by the court. If the prosecuting attorney does not object, the court may grant the order to seal the criminal record without a hearing. Note that the process from filing the petition to a court’s final decision may take up to eight months.

Note that it is impossible to expunge a criminal record in Nevada completely. Also, an order to seal a record does not prevent an immigrant from punishment if the person received a deportation order.

Who Can See My Sealed Criminal Record In Nevada?

When an applicant’s petition to seal a criminal record is granted, the record supposedly does not exist. The person is not obligated to reveal any details of the record, and may legally say there has never been an arrest or a conviction. However, in specific cases, Nevada allows access to a criminal record.

The prosecuting attorney may request access from the court if there is new evidence for the same offense or a similar offense. The prosecuting attorney, however, has to present sufficient evidence to prove that the individual will be tried for the crime. Also, if the person is arrested again, the court may gain access to the criminal record and may use it to determine conviction for the latter offense.

Agencies such as the Department of Business and Industry, the Nevada Gaming Commission or the Nevada Gaming Control Board may access sealed criminal to determine whether or not an individual is eligible for a license. Furthermore, sealed criminal records are accessible by law enforcement agencies.