A DUI can affect your job, your insurance, and your future for a long time. The good news is that Nevada lets you seal many DUI records. Here’s how it works.
Two Records: Criminal and Driving
A DUI shows up in two places, and each one follows a different set of rules.
Your criminal record
This is the record kept by the courts and police. A DUI conviction stays here permanently. It does not fall off on its own. The only way to hide it from most background checks is to have it sealed.
Your driving record
This is the record kept by the Nevada DMV. A DUI usually stays on it for about 10 years. Insurance companies look at this record when they set your rates.
Can You Seal a DUI in Nevada?
Yes, in many cases. Nevada doesn’t “expunge” records, but it does let you seal them. Once a record is sealed, it’s treated as if the case never happened for most purposes, including most job applications.
How long you wait depends on how your case ended, as follows:
● Case dismissed: you can seal it right away.
● DUI reduced to reckless driving: 1 year after the case closes.
● Misdemeanor DUI (1st or 2nd offense): 7 years after the case closes.
● Felony DUI: can’t be sealed.
Your wait starts once you’ve successfully finished your sentence, including fines, classes, and probation. A new arrest during the wait can reset the clock. See NRS 179.245 for details.
How to seal a DUI, step by step
- Get your criminal history. Request it from the Nevada Department of Public Safety.
- Get your court records. Ask the court that handled your case for a copy.
- File a petition. Submit it to the court, along with your records.
- Wait for the prosecutor’s review. The district attorney or city attorney can agree or object.
- Get the judge’s order. If approved, the judge signs an order to seal your record.
- Send the order out. Agencies that hold your record must seal it once they get the order.
The process can take a few months. A mistake in the paperwork can send you back to the start, so many people have a lawyer handle it.
How a DUI Can Affect Your Life
Even after the court case ends, a DUI can keep causing problems, such as:
● Tougher penalties later: another DUI within 7 years counts as a second offense, and a third within 7 years is a felony.
● Higher insurance: you’ll usually need an SR-22 and will pay more for several years.
● Job trouble: a DUI can show up on background checks until it’s sealed.
● Professional licenses: nurses, teachers, drivers, and others may have to report it.
Nevada DUI Penalties at a Glance
Penalties get tougher with each DUI within 7 years.
First DUI
● 2 days to 6 months in jail (community service may be allowed instead).
● $400 to $1,000 in fines, plus court fees.
● License revoked for 185 days.
● DUI school and a Victim Impact Panel.
● An ignition interlock device on your car.
Second DUI
● More jail time and higher fines than a first offense.
● A longer license revocation.
● A longer ignition interlock requirement.
● Still a misdemeanor.
Third DUI
● A category B felony.
● 1 to 6 years in state prison.
● $2,000 to $5,000 in fines.
● License revoked for 3 years.
● Can never be sealed.
A DUI that causes serious injury or death is always a felony, even if it’s your first. Penalties can change, so ask a lawyer about the rules that apply to your case. (source)
Frequently Asked Questions
Does a DUI ever go away in Nevada?
Not on its own. It stays on your criminal record until you get it sealed.
Can I get a DUI expunged in Nevada?
Nevada doesn’t offer expungement, but sealing your record works in a similar way. A sealed record is hidden from most background checks.
How long is the DUI look-back period in Nevada?
Seven years. If you get another DUI within 7 years, it counts as a repeat offense.
Will a DUI show up on a background check?
Yes, until it’s sealed. After it’s sealed, most employers won’t see it.
Can a lawyer help keep a DUI off my record?
Often, yes. A lawyer may get the charge dismissed or reduced to reckless driving. That makes it much easier and faster to seal.
Does a DUI from another state count in Nevada?
Yes. An out-of-state DUI within the last 7 years can count as a prior offense in Nevada.
Will sealing my DUI clear my driving record too?
Not always. Sealing mainly affects your criminal record. The DUI may still show on your DMV record for about 10 years.
How The Walsh Firm Can Help
Robert J. Walsh, Esq., is a former judge who has practiced law in Nevada since 1989. He knows how DUI cases are decided.
We can help you:
● Fight a new DUI charge so it never lands on your record.
● Push for a dismissal or a reduction to reckless driving.
● Seal an old DUI once you’re eligible.
We’re available 24/7, offer home visits, and se habla español.
Don’t let a DUI follow you forever. Call The Walsh Firm or book an appointment today. Our Las Vegas office is at 500 North Rainbow Boulevard, Suite 115.