How Long Does a DUI Stay on Your Record in Nevada?

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If you have been arrested for driving under the influence (DUI) in Nevada, you may be wondering how long a DUI stays on your record. The answer depends on several factors, including the type of DUI offense, the number of DUI offenses you’ve had in the past, and if any other charges were included in the arrest.

Let’s take a closer look at how long a DUI stays on your record in Nevada.

Important Definitions You’ll Find in This Article

Before we dive into the answer to how long a DUI stays on your record in Nevada, let’s define some key terms you’ll find in this article. This will help you understand this topic further.

What Does Record Mean in This Case?

In the context of a DUI, ‘record’ usually refers to your criminal record. This is a record kept by courts, police departments, and other governmental entities that contains information about any arrests or convictions you have had in the past. It may also include civil actions – such as divorces – that are documented by government agencies.

A “record” may also refer to your driving record with the DMV. This is a record of your driving history and any violations or tickets you have received in the past.

We’ll cover both types of records when it comes to DUIs in Nevada.

Lastly, both the criminal records as well as your DMV driving records are considered public records.

What Does “After the Case Ends” Mean?

In the context of a DUI, “after the case ends” or “after the case is closed” refers to after all proceedings are complete. This means that either:

  • The case is dismissed,
  • You are acquitted at trial, or
  • You are convicted and have fulfilled all requirements of the sentence (such as paying fines, attending classes, serving jail time, etc.).

This is important to understand because if you are convicted, and, for example, your license is suspended for three years as part of the sentencing, the waiting period only begins after that time.

You can learn more about the case resolution process here.

What Does Waiting Period Mean?

The ‘waiting period’ refers to the amount of time you must wait before your DUI record can be sealed. This applies to other criminal convictions as well. This waiting period only starts after the case ends (see above).

For example, if you were charged and arrested for DUI, but the case resulted in a dismissal. That case “ends” right away.

If, for example, you were convicted. You will then be given a sentence for the crime like jail time for 6 months. The waiting period will only start after you served time (assuming there’s no other sentence you need to fulfill). After you served the time, that’s the only time your “case ends.”

Sealing of Records vs Expungement

Sealed records and expunged records mean different things. They are often used interchangeably but are really two different concepts. A sealed record is not accessible to the public but still exists. An expunged record means that it’s been completely erased from your record.

Nevada does not allow for the expungement of criminal records.

This means that your DUI can only be sealed.

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

A first-offense DUI stays on your criminal record for at least seven years. This is assuming the conviction resulted in a misdemeanor charge. A conviction for felony DUI offenses is different, which we’ll cover more below.

Also, the reason why it’s at least seven years is this is the “waiting period” before you can petition to get your records sealed.

For example, you were arrested and charged with DUI on December 28, 2021. All the legal processes—including paperwork, court schedules, and everything in between took 6 months. The court told you on June 30, 2022, you needed to pay some fines and 6 months in jail. On January 1, 2023, you will have met your sentencing requirements. This will be the start of the waiting period.

You will now have to wait seven years before you can petition the court to seal your record (in this example, it would be on January 1, 2030).

This record-sealing process can take 2 – 4 months on average. This is assuming the information is all accurate.

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

If you have been convicted of two DUIs within seven years, the waiting period is the same as the first offense. This means that DUI will stay on. your record for at least seven years.

The biggest difference between the first and second offenses is the severity of the punishments. This means higher fines and/or the higher end of the jail time range.

Again, this is assuming the conviction resulted in a misdemeanor.

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

A third offense DUI within seven years is considered a felony in Nevada.

Unlike in some states, felony convictions in Nevada cannot be sealed.

What that means is if you received a 3rd DUI conviction, even if it didn’t result in bodily injury or death, the misdemeanor will automatically become a felony DUI.

How Long Does a Felony DUI Stay on Your Record?

Felony DUIs are permanent on your record. This will stay there until you die and the only way to remove it is if it’s expunged, but as we mentioned, Nevada does not allow for the expungement of criminal records.

Felony convictions can only happen if you have been convicted of three DUIs within seven years, or if the DUI caused serious injury or death.

How Long Does a DUI Resulting in Dismissal Stay on Your Record?

If the DUI case resulted in a dismissal, then you can request to have your records sealed right away. Unless you do this, the charge will stay on your record indefinitely, even if it did not lead to a conviction.

This is definitely something you should pursue as soon as possible since it will allow you to have a clean criminal record.

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

A DUI charge can stay on your record indefinitely if you don’t take the necessary steps to have it removed. The best way to do this is to file a petition with the court and have your records sealed as soon as possible.

Having your records sealed will make sure that any potential employers, landlords, or anyone else performing a background check can’t see them.

As mentioned above, these stay on your record even if the case ended in an acquittal or dismissal unless you petition to have them sealed. There is no waiting period you need to fulfill for dismissed charges.

How Long Does a DUI Stay on Your DMV Driving Record?

DUI convictions will stay on your full DMV driving record for the rest of your life. The “good” news, however, may only be visible in your driver history for up to 10 years.

In Nevada, you can request a copy of your driving history for the past 3 years or 10 years. It’s important to note that the 3-year driver histories do not contain a list of license suspensions or revocations. You must choose the 10-year version if you want to check that information.

Again, your criminal records are separate from your DMV records. Both are considered public records. This means employers, landlords, and insurance providers amongst others can access this information.

The only way to make sure your DUI does not appear on your driving record is to file for a record sealing.

Can a DUI Be Expunged?

No, a DUI cannot be expunged in Nevada. The only way to have your DUI removed from your record is to file for a record sealing. This works differently than an expungement and it’s the only legal way to make sure a potential employer, landlord, or other interested parties can’t access the information.

Expungement of records means the conviction is erased and will no longer be visible in any background checks. Record sealing, on the other hand, means that the record still exists but it is sealed away from public view.

Nevada does not allow the expungement of records. If you were convicted of a DUI, then this will stay on your record for life unless you file for a record sealing.

Facing DUI Charges?

As you read above, DUIs can stay on your records for a long time if not taken care of. Worse yet, the repercussions can be severe if you’re convicted. That’s why it’s so important to get in touch with an experienced DUI attorney who can help guide you through the process and make sure you have the best outcome possible.

The Defenders is a law firm based in Las Vegas that specializes in DUI cases. Our attorneys have the knowledge and experience to ensure you get the best possible outcome for your case. We have been representing clients throughout Nevada facing DUI charges for many years.

If you or someone you know is facing DUI charges, contact The Defenders for a free consultation today and let us help you fight your case. We are available 24/7 to answer any questions or concerns about your case. Don’t hesitate – give us a call now!

Frequently Asked Questions

Will a DUI show up on a background check in Nevada?

Yes, a DUI will show up on a background check in Nevada. The only way to have it removed is by filing for a record sealing with the court. Once your records are sealed, they will not be visible to potential employers, landlords, or anyone else performing background checks. You can also legally say you did not have a DUI, even under oath.

Are there ways to get a DUI removed from my record in Nevada?

Yes, you can have DUI charges and/or convictions removed from your record in Nevada by filing a petition to have your records sealed. Once the court grants the petition, all relevant records related to the DUI will be sealed and made inaccessible to anyone performing a background check.

When will I be able to seal my DUI conviction from my record in Nevada?

The process of sealing a DUI conviction typically takes about 2-4 months from start to finish. However, it’s important to remember that you can only seal your records after the waiting period. For misdemeanor DUIs, this is 7 years after the case ends.

Can an employer access information about my DUI convictions in Nevada?

Generally speaking, yes. Since your criminal history is considered a public record, employers are usually able to access information about any DUI convictions you have. The only way to prevent this from happening is by filing for a record seal, which will make the records inaccessible even with a background check.

What is the DUI record-sealing process like in Nevada?

The process of sealing your records typically involves submitting an official petition to the court that has jurisdiction over your case. This also varies from county to county. This entire process is tedious, confusing, and time-consuming. That’s why it’s recommended you contact an experienced DUI attorney who is familiar with the record sealing process in Nevada like The Defenders.

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