What Felonies Cannot Be Expunged?

Most people assume that felonies cannot be expunged. Felonies are serious crimes. Unlike misdemeanors, many felonies cannot be easily expunged. For many felons, a state pardon is the only solution. Crimes against children, felony DUIs, and sexual offenses cannot be sealed.

Conventional wisdom is not always right. Many people outside the legal profession lack an understanding of the process of getting criminal records sealed. Part of our goal is to educate. For this reason, we will talk about why felonies cannot be expunged in Nevada but also offer an alternative solution.

Sealing Vs. Expunging

Though it may surprise you, Nevada does not expunge any felonies. Instead, the state, county, or municipality can seal the criminal conviction records. This is nearly equivalent to an expungement; the conviction will not show up on a background check, a person can confidently answer no to a question about an arrest, etc. For purposes of this article, when we talk about expunging a felony criminal record, we are describing the process of sealing criminal records.

So, if felonies cannot be expunged in Nevada, how are they sealed? This is not a simple process. It requires a lawyer.
The convicted person must wait for 10 years from the end of their sentence, or 10 years after finishing parole/probation, whichever is longer, before they can petition to have their records sealed for Class A felonies-those that involve

  • Murder
  • Other violence
  • Kidnapping

Felony criminal records cannot be sealed until after 5 years from either the end of a sentence or the end of parole/probation for class B, C, and Class D felonies, including

  • Arson
  • Robbery
  • Forgery
  • Drug distribution
  • Bank fraud

Class A, B, C, and D felonies cannot be expunged or sealed in Nevada prior to the mandatory 5 or 10 year waiting periods having passed. There are exceptions for juvenile felonies, but the laws are still very strict.

The Right Records Sealing Attorney Can Help

The process of having a felony criminal record expunged or sealed begins when a lawyer petitions the court. Each county has a different procedure afterward. Because a felony is such a serious matter, the requirements for sealing are strict, and the process varies from county to county. Those wishing to have their felonies sealed in the state of Nevada will definitely need an experienced criminal lawyer, such as the ones at Guymon and Hendron. Contact our office online or by calling 702-758-5858 today for a free consultation to discuss your case. You can also use our eligibility checker to determine if your criminal record is eligible for sealing.