Short answer: yes, almost certainly, and it won’t go away on its own. Nevada got rid of its time limit on reporting criminal convictions in 2015. So, unlike some states where an old conviction eventually falls off a background check, here it just sits there until someone does something about it.
At The Walsh Firm, Ltd., we frequently hear from clients who discover that a criminal case they thought was firmly behind them continues to affect their lives years later. They paid the fine, completed probation, stayed out of trouble, and moved forward, only to find themselves passed over for a job or denied an apartment because of something that happened long ago. It catches people off guard. Most assume that after enough time passes, things quietly disappear. In Nevada, however, they don’t, and Robert Walsh has seen this play out from both sides of the courtroom in his 35+ years practicing law here.
Why it keeps showing up
A lot of states cap how far back an employer can look, often around seven years. Nevada used to have that rule too, but lawmakers repealed it, and now a background check company can report a misdemeanor conviction from two years ago or twenty years ago with equal ease, provided the record hasn’t been sealed. There’s a wrinkle worth knowing about, though: this only applies to convictions. If you were arrested and the case never went anywhere, meaning the case was dismissed, dropped, or you were found not guilty, that arrest can’t legally be reported after seven years. Nevada treats an arrest that didn’t stick very differently from one that did.
What kind of background check are we even talking about?
This matters more than people think. A landlord or a typical employer usually uses a third-party screening company that pulls from county and state court records. Licensing boards (nursing, contracting, real estate, teaching) tend to dig deeper and are less forgiving about what they find. Federal background checks, like the kind tied to immigration or used for security clearance, go even further and don’t really care whether something is sealed at the state level. Moreover, the police always have access to your full record, regardless of what’s sealed, because they are using it as a law enforcement tool instead of it being requested by the public.
So how do you actually get rid of it?
You seal it. Nevada doesn’t use the word “expungement.” Instead, the legal term here is “sealing,” and it works a little differently than expungement. Once a judge grants a petition to seal, every agency holding those records, including courts, police departments, and private companies, gets an order to seal or return them. From that point on, it shouldn’t turn up on a normal background check. The catch is, you can’t just file the day after your case closes. There’s a mandatory waiting period, which is determined by your conviction. Most misdemeanors need a year to pass before you can apply. A few specific misdemeanors, such as battery, harassment, stalking, and violating a protective order, require two years, as do gross misdemeanors. Misdemeanor DUI and misdemeanor domestic violence battery are treated more seriously and carry a seven-year waiting period, which surprises a lot of our clients since those are still technically misdemeanors. Felonies require an even longer waiting period, anywhere from two years for the lowest category up to a full decade for violent crimes or residential burglary.
A short list of offenses can never be sealed, no matter how much time passes, including sex crimes, crimes against children, felony DUI resulting in death, home invasion with a deadly weapon, and certain drug trafficking charges. If your conviction falls into one of those categories, sealing isn’t on the table.
Filing the petition itself isn’t complicated, but it’s also not something we’d recommend doing on your own without knowing the requirements. You need certificates from the right agencies confirming there’s nothing else pending, the district attorney’s office gets a window to object, and a judge must sign the order. Get a form wrong or file too early, and you’re not just delayed — you’re starting the clock over in some cases. This is the kind of paperwork our office handles routinely for clients across Las Vegas and Clark County.
One thing sealing doesn’t do
People sometimes assume that a sealed record means the record is erased. It doesn’t, not entirely. A handful of government and licensing agencies can still see sealed records under certain circumstances. And sealing does not impact your gun rights. If a conviction cost you those, only a pardon from the Governor gets them back.
Do you have to bring a conviction up yourself on an application?
It depends on who’s asking. Nevada’s ban-the-box law only covers public employers, along with state and local governments, banning them from asking about criminal history on an initial application. A conversation about your criminal history is only allowed after a final interview or a conditional offer, and even then, they’re supposed to weigh how long ago a conviction happened and whether it actually relates to the job. Private employers, however, don’t have to follow any of that. They can ask upfront, and if your record isn’t sealed, it’ll likely show up when they check.
Talk to The Walsh Firm About Sealing Your Record
If it’s been a while since your case closed, it’s worth figuring out your exact eligibility date rather than guessing. A lot of people wait years longer than they need to simply because they never checked. If you’re close, or already past the waiting period, getting the petition filed correctly the first time is what actually gets this off your record, not time alone. The Walsh Firm, Ltd., offers free consultations, and Robert Walsh personally reviews client calls. We’re available 24/7, se habla español, and our office is right on North Rainbow Boulevard in Las Vegas. Reach out, and we’ll tell you exactly where you stand.
This is general information, not legal advice for your specific situation. Nevada law changes, and every case has its own facts — contact The Walsh Firm, Ltd. before you rely on anything here.