How Long Does A DUI Stay On Your Record In Nevada

A DUI conviction in Nevada can have lasting impacts on your driving record and criminal history, affecting insurance rates, employment, and license reinstatement. The duration depends on the offense severity, prior convictions, and whether the case resulted in a conviction, dismissal, or felony. This article explains how long a DUI stays on your Nevada record, sealing options, and steps to mitigate consequences. At Lipp Law LLC, our Las Vegas DUI attorneys help clients understand and address DUI records to protect their future.

Definition of DUI in Nevada

Nevada defines DUI under NRS 484C.110 as driving with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol or drugs, regardless of BAC. It includes:

• Driving under the influence of alcohol.
• Driving under the influence of drugs, including marijuana.
• Driving with a BAC of 0.08% or above, even if not impaired.
• Driving impaired by drugs, regardless of impairment level.

Charges may be classified as misdemeanors or felonies, depending on prior offenses, the nature of the injury, or the occurrence of death. First and second offenses are typically misdemeanors; third within 7 years or cases with death/serious injury are felonies.

Important Definitions This Article Covers

What Does “Record” Mean in This Case?

A DUI “record” refers to two main types:

• Criminal Record: Maintained by courts and law enforcement, including arrests, charges, and convictions. Publicly accessible, it affects background checks for jobs, housing, and licensing.
• DMV Driving Record: Tracks violations, suspensions, and convictions, impacting insurance and reinstatement. Both are public, but sealing can limit access.

“After the Case Ends”: What Does It Mean?

“After the case ends” means completion of all proceedings:

• Dismissal or acquittal at trial.
• Guilty plea or conviction, with full sentence completion (fines, jail, DUI school, etc.).

The waiting period for sealing begins after this date.

What Does “Waiting Period” Mean?

The waiting period is the time that passes between case closure and petitioning to seal a record. For DUI, the penalties vary by offense.

DUI Penalties in Nevada

Penalties under NRS 484C.400–484C.430 include:

• Jail Time: 2 days to 6 months (first offense) up to 1–6 years (third/felony).
• Fines: $400–$1,000 (first) up to $5,000 (felony).
• License Suspension: 185 days (first) up to 3 years (third).
• DUI School: 8–36 hours, mandatory.
• Ignition Interlock Device (IID): 90 days to 3 years.
• Substance Abuse Treatment: For repeat offenses.

Felony DUIs (third or with death/injury) carry prison and permanent revocation risks.

Sealing of Records vs Expungement

Nevada does not allow expungement (permanent deletion) of criminal records. Sealing under NRS 179.245 hides eligible records from public view, treating them as if they never occurred for most purposes. Sealed records remain accessible to law enforcement or courts for specific uses, but they won’t appear in standard background checks.

How Long Does a DUI Conviction for First Offense Stay on Your Record?

A first-offense misdemeanor DUI remains on your criminal record permanently unless sealed. You can petition to seal after 7 years from the date of case closure, provided there are no new offenses. On your DMV record, it appears for 10 years (or 7 years for insurance purposes). Sealing requires completing all sentence terms, including fines, DUI school, and IID.

Example: Convicted December 28, 2021, with 6 months jail ending June 30, 2022. The waiting period starts on July 1, 2022; the petition becomes eligible on July 1, 2029. Processing takes 2–4 months.

How Long Does a DUI Conviction for a Second Offense Stay on Your Record?

A second DUI within 7 years is a misdemeanor, staying on the records permanently unless sealed after 7 years from closure. DMV record: 10 years. Penalties are harsher (10 days to 6 months jail, $750–$1,000 fines), but sealing eligibility is the same.

How Long Does a DUI Conviction for a Third Offense Stay on Your Record?

A third DUI within seven years is a Category B felony under NRS 484C.410, making it ineligible for sealing. It remains permanently on both criminal and DMV records. Penalties: 1–6 years prison, $2,000–$5,000 fines, 3-year revocation.

How Long Does a Felony DUI Remain on Your Record?

Felony DUIs (third offense or with death/serious injury) are permanent and unsealable, affecting all background checks indefinitely.

How Long Does a DUI With Dismissal Stay on Your Record?

Dismissed or acquitted DUIs are eligible for immediate sealing. Without sealing, the arrest remains on your record permanently. Petition under NRS 179.245 as soon as possible to clear it from public view.

How Long Does a DUI Charge/Arrest Stay on Your Record?

An arrest or charge (without conviction) stays permanently unless sealed. No waiting period for sealing; file immediately after dismissal or acquittal.

How Long Will a DUI Stay on the DMV Driving Record?

DUI convictions remain on your Nevada DMV record for 10 years (reports exclude suspensions for 3 years). Sealing does not affect DMV records; use NRS 483.560 for restricted licenses post-suspension.

Can a DUI Be Expunged?

No, Nevada does not allow expungement for DUIs. Sealing is the only option for eligible cases, hiding records from public access.

Your Record Can Be Sealed

Under NRS 179.245, eligible DUIs (first/second misdemeanor, dismissed) can be sealed after 7 years (or immediately for dismissals). Process:

1. Obtain criminal history from Nevada Criminal History Repository.
2. File petition with court, including affidavit and fees.
3. District Attorney reviews; if approved, judge signs order.
4. If denied, wait 2 years to re-petition (NRS 179.265).

Sealed records are not visible in most background checks.

Sealing Your DUI Record in Las Vegas

In Clark County (Las Vegas), follow the District Attorney’s guide:

• Submit packet with criminal history, petition, and affidavit to DA for approval.
• If approved, file with court for judge’s order.
• Use self-addressed stamped envelope for return documents.

Consult an attorney for assistance; the DA recommends it.

What Can a Las Vegas Criminal Defense Lawyer Do for You?

A DUI attorney from Lipp Law LLC can:

• Represent You: Attend arraignments, hearings, and trials to secure bail, dismissals, or plea deals.
• Investigate: Challenge breathalyzer accuracy, blood tests, or field sobriety tests.
• Handle Administrative Tasks: Manage DMV hearings, license reinstatement, and sealing petitions.
• Defend at Trial: Argue lack of impairment, illegal stop, or procedural errors.

You Could Have Defenses That May Help You Avoid a DUI Arrest in Nevada

Common defenses:

• Invalid Test Results: Breathalyzer not calibrated, blood sample contaminated, or rising BAC at test time.
• No Actual Control: You were passenger, not driving, or vehicle was inoperable.
• Sleeping It Off: Pulled over safely and stopped before driving impaired.

Call Lipp Law LLC for a Free Case Review

Contact Lipp Law LLC for a free evaluation. Our Las Vegas DUI lawyers assess your case, explain record impacts, and fight for reduced charges or sealing.

Call (702) 745-4700 today for a 24/7 consultation. Whether you’re a first-time, repeat, or out-of-state visitor, we defend your rights.

FAQs

Q. How long does a first-offense DUI stay on your Nevada record?

Permanently on criminal record unless sealed after 7 years; 10 years on DMV record.

Q. Can a second DUI be sealed?

Yes, after 7 years, if the misdemeanor and all sentence terms are completed.

Q. How long does a felony DUI stay on your record?

Permanently; ineligible for sealing.

Q. How long does a dismissed DUI stay on your record?

Permanently unless sealed immediately.

Q. How long does a DUI arrest (no conviction) stay on your record?

Permanently unless sealed; no waiting period for sealing.

Q. How long is a DUI on the DMV driving record?

10 years for convictions; sealing doesn’t affect DMV records.

Q. Can a DUI be expunged in Nevada?

No; sealing is the only option for eligible cases.

Q. What is the waiting period to seal a DUI?

7 years for misdemeanor convictions; immediate for dismissals.

Q. Can I seal a third DUI?

No, as it’s a felony.

Q. Does sealing a DUI remove it from all records?

No, sealed records remain accessible to law enforcement; DMV records are separate.