Nevada Felony

If you have a felony conviction in Nevada, there are really two different clocks to understand. The first measures how long the conviction remains part of your criminal record. The second determines when you may become eligible to ask a court to seal that record.

Those clocks are not the same.

A Nevada felony does not automatically disappear after five, seven, or even ten years. Unless the record is sealed or another applicable form of relief changes its status, the conviction can remain on your criminal history indefinitely. The waiting periods you may have heard about generally tell you when you can petition for record sealing, not when the conviction automatically falls off your record.

That distinction matters because simply waiting long enough does not seal a conviction. Nevada law requires an eligible person to take affirmative steps to obtain a sealing order.

The Short Answer: A Nevada Felony Does Not Automatically Disappear

There is a persistent misconception that criminal convictions eventually “drop off” a person’s record. You may even have heard that everything disappears after seven years.

That is not how a Nevada felony record works.

There is no general expiration date that automatically removes a felony conviction from your Nevada criminal history. Instead, Nevada provides a process through which many eligible criminal records can eventually be sealed.

This is why the better question is not simply, “How long does a felony stay on my record?” It is:

“When am I eligible to do something about the felony on my record?”

For many people, the answer depends on the felony category, the specific offense, the final disposition of the case, and, importantly, when custody, probation, or parole actually ended.

Nevada Felony Record-Sealing Waiting Periods

Under Nevada Revised Statutes Chapter 179, eligible felony convictions have different waiting periods. As a general rule, the current waiting periods under NRS 179.245 include:

Type of Felony	General Waiting Period
Category E felony	2 years
Category B, C, or D felony	5 years
Category A felony	10 years
Crime of violence	10 years
Residential burglary under NRS 205.060	10 years

These are general statutory periods, not a guarantee that every conviction within a particular category can be sealed. Nevada specifically excludes certain convictions from the ordinary record-sealing process.

That is why looking only at the letter assigned to a felony can lead to the wrong conclusion. The actual offense matters.

The Detail That Changes the Date: When Does the Waiting Period Begin?

This is where people frequently miscalculate their eligibility.

Suppose someone was convicted of an otherwise sealable Category C felony five years ago. It may be tempting to assume that the person is now eligible because Category C felonies generally carry a five-year waiting period.

But the conviction date is not necessarily the date that starts the clock.

Under NRS 179.245, the applicable felony waiting periods generally run from the person’s release from actual custody or discharge from parole or probation, whichever occurs later.

Consider a simplified example. A person is convicted of an eligible Category C felony in 2018 and later completes probation in 2021. Counting five years from the 2018 conviction would point to 2023. But if the statutory clock begins with the 2021 discharge from probation, the relevant five-year period would not end until 2026.

This is one reason an old conviction is not necessarily an immediately sealable conviction.

The paperwork matters. The judgment, discharge information, criminal history, and exact statute of conviction can all affect the analysis.

Does a Felony Automatically Come Off Your Record Once the Waiting Period Ends?

No. Reaching the required waiting period means you may be eligible to petition for sealing. It does not automatically seal the felony.

Think of the waiting period as an eligibility gate rather than an expiration date.

Once that gate opens, an eligible person still has to pursue the legal process. The petition must accurately identify the relevant criminal records and satisfy Nevada’s statutory requirements. The prosecuting agency receives notice, and depending on the circumstances, the petition may be resolved without a hearing or may require a hearing before the court.

Nevada law also generally requires the petitioner to have remained free of pending criminal charges and new convictions during the applicable statutory period, apart from minor moving or standing traffic violations.

For a more detailed explanation of the process in Clark County, see our page on record sealing in Las Vegas.

Are All Nevada Felonies Eligible for Record Sealing?

No. This is another area where broad statements about felony categories can be misleading.

Nevada law excludes certain convictions from sealing under NRS 179.245. These include, among others:

• Crimes against children;
• Sexual offenses;
• Invasion of the home with a deadly weapon under NRS 205.067;
• Certain felony DUI convictions;
• Certain DUI offenses involving death or substantial bodily harm;
• Certain homicides resulting from impaired driving; and
• Certain felony boating-under-the-influence offenses.

The distinction is important because “Category B felony,” for example, does not by itself tell you whether the record can be sealed. One Category B conviction may become eligible after the statutory waiting period, while another may fall within a statutory exclusion.

Eligibility should therefore be based on the exact conviction, not merely the felony category.

Can a Category A Felony Be Sealed in Nevada?

Potentially, yes. It is inaccurate to say that every Category A felony is automatically ineligible for record sealing.

Current Nevada law provides a 10-year waiting period for a Category A felony, a crime of violence, or residential burglary under NRS 205.060, measured from release from actual custody or discharge from parole or probation, whichever occurs later.

However, the statute separately identifies offenses that cannot be sealed. Because many extremely serious offenses may fall within those exclusions, you still have to review the specific conviction before determining eligibility.

This is a good example of why relying on a simple online chart can be risky. The category gives you one piece of the analysis; the statute of conviction gives you another.

What Does It Mean to Seal a Felony Record?

Nevada uses record sealing rather than the terminology commonly associated with “expungement” in some other states.

Once a Nevada court orders eligible records sealed, NRS 179.285 generally provides that the proceedings described in those records are deemed never to have occurred. Subject to statutory exceptions, the person may answer accordingly when asked about the arrest, conviction, dismissal, or acquittal, including in an employment inquiry.

That can make a meaningful difference when a person is trying to move beyond an old criminal case.

Sealing, however, should not be confused with physically destroying every trace of the historical event. Nevada law provides circumstances in which certain sealed records may still be inspected by authorized persons or agencies.

In practical terms, the objective of sealing is to remove an eligible Nevada criminal case from ordinary public access and give the person the legal protections that accompany a sealing order.

Does Sealing a Felony Restore Your Gun Rights?

Not by itself.

This is an important distinction because record sealing and restoration of firearm rights are separate issues.

Under NRS 179.285, sealing can restore certain civil rights if they have not already been restored, including the rights to vote, hold office, and serve on a jury. But the statute specifically states that sealing does not restore the right to bear arms unless the person has received a pardon that restores that right.

Someone considering record sealing should therefore avoid assuming that a sealing order automatically eliminates every legal consequence associated with a felony conviction.

What About a Nevada Pardon?

A pardon is a different form of relief from ordinary record sealing.

Nevada law now provides a specific mechanism for sealing criminal history records covered by an unconditional pardon. Under NRS 179.273, when the appropriate court and Nevada’s Central Repository receive a certified copy of an unconditional pardon from the State Board of Pardons Commissioners, the applicable criminal history records subject to the pardon are to be sealed.

A pardon should not be treated as simply another name for ordinary record sealing. The procedures, standards, and legal effects are different.

What If the Felony Charge Was Dismissed?

A felony charge and a felony conviction are not the same thing.

If you were arrested or charged with a felony but the charge was later dismissed, declined for prosecution, or resulted in an acquittal, different record-sealing rules may apply.

For example, Nevada law permits a person whose charges were dismissed to petition the court for sealing at any time after the dismissal. A person who was acquitted may likewise petition after the acquittal. Cases in which prosecutors declined to file charges can involve different timing rules.

So if someone remembers being “charged with a felony” years ago, the first step should not be to assume that a five-year or ten-year felony waiting period applies. The first step is to determine how the case actually ended.

The disposition can completely change the analysis.

What If You Have More Than One Nevada Criminal Case?

Multiple cases make the calculation more complicated.

Nevada law allows a person seeking to seal more than one record, when petitions would otherwise have to be filed in multiple courts, to petition the district court to seal the records under the procedure provided by NRS 179.2595.

But multiple convictions can also raise eligibility questions. Before assuming that the oldest case is ready to seal, the complete criminal history should be reviewed, including later cases and their dispositions.

For people with cases from different Clark County courts, this is particularly important. A criminal history can involve records maintained by the Eighth Judicial District Court, Las Vegas Justice Court, Henderson Justice Court, municipal courts, law enforcement agencies, and other custodians.

A record-sealing petition is only as reliable as the criminal history on which it is based.

Why the “Seven-Year Rule” Causes So Much Confusion

People frequently hear that criminal records disappear after seven years. That idea often comes from rules or policies associated with particular types of background reporting, employment screening, or specific offenses.

It should not be confused with Nevada’s criminal record-sealing statute.

For felony convictions, Nevada’s statutory waiting periods are generally based on the classification and nature of the offense. Eligible Category E felonies generally carry a two-year period; eligible Category B, C, and D felonies generally carry a five-year period; eligible Category A felonies, crimes of violence, and residential burglary generally carry a ten-year period.

Most importantly, reaching any of those dates does not cause the conviction to erase itself.

How to Figure Out Whether Your Nevada Felony Is Ready to Seal

If you are looking at an old Nevada felony and trying to determine where you stand, start with the record rather than your memory of the case.

You generally need to answer several questions:

1. What was the final charge of conviction? The original arrest charge may not be the offense ultimately entered on the judgment.
2. What felony category and statute applied to that conviction? This helps establish the general waiting period and whether a statutory exclusion applies.
3. When did actual custody, probation, or parole end? The latest applicable date can determine when the waiting period begins.
4. Have there been later charges or convictions? Pending charges or subsequent convictions can affect eligibility.
5. Are there records in more than one court? Multiple cases may affect how the sealing petition should be handled.

This approach is more reliable than simply counting years from the date you entered a plea or were sentenced.

Frequently Asked Questions About Nevada Felony Records

How long does a felony stay on your record in Nevada?

A felony can remain on your Nevada criminal record indefinitely unless it is sealed or otherwise affected by applicable legal relief. Eligible felony convictions may qualify for sealing after statutory waiting periods, but the record does not automatically disappear when that period expires.

Do felonies go away after seven years in Nevada?

No general Nevada rule makes every felony disappear after seven years. Record-sealing eligibility depends on the specific offense and applicable statute.

How long before you can seal a felony in Nevada?

Under current Nevada law, eligible Category E felonies generally have a two-year waiting period, eligible Category B, C, and D felonies generally have a five-year period, and eligible Category A felonies, crimes of violence, and residential burglary generally have a ten-year period. The period generally runs from release from actual custody or discharge from parole or probation, whichever occurs later.

Can you seal a Category A felony in Nevada?

Some Category A felony records may be eligible for sealing after the applicable ten-year waiting period. However, Nevada separately prohibits sealing for certain offenses, including crimes against children, sexual offenses, and other specifically excluded crimes. The exact conviction must be reviewed.

Can a felony DUI be sealed in Nevada?

Certain felony DUI convictions are specifically excluded from sealing under NRS 179.245. Because Nevada DUI law contains different felony provisions and exceptions, eligibility should be determined from the actual judgment of conviction rather than the general label “DUI.”

When does the record-sealing waiting period start?

For the felony categories addressed in NRS 179.245, the waiting period generally begins after release from actual custody or discharge from parole or probation, whichever occurs later. This means counting from the conviction or sentencing date can produce the wrong eligibility date.

Does record sealing erase a felony?

Record sealing restricts access to the covered records and provides significant legal protections. Under NRS 179.285, proceedings recounted in a sealed record are generally deemed never to have occurred, subject to statutory exceptions. Sealing should not be confused with physically destroying every historical record.

Will a sealed Nevada felony show up on a background check?

A properly sealed Nevada criminal record is generally removed from ordinary public access. However, Nevada law permits inspection of sealed records in certain limited circumstances, so it is not accurate to say that no authorized entity could ever access the record.

Does sealing a felony restore firearm rights in Nevada?

No. Nevada law specifically distinguishes the civil rights restored through record sealing from the right to bear arms. A sealing order alone does not restore firearm rights following a felony conviction.

Can you seal a dismissed felony charge in Nevada?

Potentially, yes. Nevada has separate rules for records involving dismissed charges, acquittals, and cases in which prosecution was declined. A dismissal may allow you to file a petition without waiting for the felony conviction periods discussed above because there was no felony conviction.

Find Out What the Dates on Your Nevada Record Actually Mean

The most important lesson is simple: the age of a felony does not, by itself, tell you whether the record is gone or whether it can be sealed.

A Nevada felony may remain on your record indefinitely if no action is taken. For convictions that are eligible for sealing, the correct timeline depends on the actual offense and the date the relevant sentence obligations ended. Some offenses cannot be sealed through the ordinary process at all.

If you are unsure how those rules apply to your criminal history, Lipp Law LLC can review your circumstances and explain the options that may be available under Nevada law. Our criminal defense attorney has years of experience handling criminal matters in Las Vegas and Clark County.

If your concern is an old conviction or arrest record, contact our Las Vegas record sealing lawyer to learn about your options and the steps to seal eligible Nevada criminal records.