Nevada Criminal Court Records
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Nevada criminal court records are the official files created during the prosecution of criminal cases. They include documents such as complaints, indictments, motions, hearing transcripts, judgments, and sentencing orders. Criminal court records are vital because they document each stage of the legal proceedings and provide an official account of the criminal case. They also support transparency in the justice system.
The Nevada Judiciary is the custodian of criminal court records, maintaining them in accordance with the Rules of Criminal Practice. The Nevada Open Records Act regulates access to these records, striking a balance between the public's right to information and the need for privacy and safety considerations.
Are Criminal Court Records Public in Nevada?
Yes. Per the Nevada Open Records Act, criminal court records are generally open to public inspection and copying. Anyone can submit their request for criminal court records online, by mail, or in person at any Nevada court. However, sealed criminal court, juvenile, and investigatory records are not available to the public.
What Criminal Court Records Contain in Nevada
Below is some information commonly found in a Nevada criminal court record:
- Names of the case parties
- Case number and filing date
- Court location, case type, and case status
- The attorney's name and the judge's name
- Pleadings and motions
- Court orders and judgments
- Judgment type and judgment date
- Docket entries date, type, description, and document
- Hearing date and time
- Court comments and remarks
Nevada Criminal Court Records Search
Nevada has no statewide process for viewing or copying criminal court records. Depending on the record, requesters can find criminal court records at the state, county, or city level. The Nevada Judiciary offers an Appellate Courts Case Lookup tool, allowing individuals to search for criminal cases filed with the Supreme Court and the Court of Appeals. The search can be performed by party name and case number.
Each Nevada district, justice, and municipal court also has a unique way of disseminating court records to residents. Most courts have online portals (Washoe County's Case Inquiry) allowing users to view criminal court records without charges. Others have request forms (Clark County, Churchill County, and Douglas County) that can be submitted by mail, fax, or email. Generally, a requester can visit the court where a case was handled to submit requests for criminal court records. Plain copies of criminal court records cost $0.50 per page. Certified copies made from the court's record are $3.00 per document plus $0.50 per page. However, a plain copy of a record that a requester provides to the court for certification costs $5.00 per document.
Free Access to Criminal Court Records in Nevada
Most Nevada courts have online databases where individuals can access criminal court records without charges. The Appellate Courts Case Lookup tool provides free access to criminal court records maintained by the Supreme Court and Court of Appeals. Users will need a case number and party name to perform a search. Some Nevada district courts also offer online systems that allow individuals to view criminal court records at no cost. For example, the Clark County district court uses the Web Public Access and Eighth Judicial District Court Portal to release its criminal court information to the public without charges.
Sealing and Expungement of Criminal Court Records in Nevada
Nevada law provides only for record sealing, not general expungement. When a record is sealed, it is hidden from public view but not destroyed. The public cannot access it, although certain authorized agencies are still permitted to review sealed records for specific purposes.
How to Seal Criminal Court Records in Nevada
Sealing in Nevada is a procedure whereby a criminal court record is physically removed from a record system and its dissemination is restricted. Public access to sealed criminal court records is prohibited. The sealing process takes about 2 to 4 months to complete. Below is the step-by-step process of sealing criminal court records in Nevada:
- Step 1: Determine eligibility
Under the Nevada Revised Statutes (179.245, 179.255, 179.259, 179.271, 179.273, 179.273, 484.379), courts may order criminal records to be sealed when specific requirements are fulfilled. Applicants must meet the eligibility criteria before requesting to seal their records.
- Step 2: Obtaining criminal history records
Applicants must request a current copy of their criminal history records from the Nevada Department of Public Safety's Records, Communications, and Compliance Division (RCCD). This service costs $27.
- Step 3: File the appropriate form
The petitioner must complete the Petition to Seal Records for District Court or Petition to Seal Records for Justice or Municipal Court Form and file the original copy and a photocopy with the District Attorney's Office in the county where the criminal case was heard. The Petition and Order form must be submitted within 30 days of obtaining a copy of the criminal history record. The petition must also file the criminal history record, a copy of the Judgment and Conviction, and a document requiring successful completion. The District Attorney's Office will keep a copy of all documents and notify the petitioner by phone or mail when the Petition and Order Form is ready for pickup.
- Step 4: Approval to seal criminal court records
If the District Attorney's Office agrees to seal the criminal court record, the petitioner must file the original and copies of the Petition and Order form with the clerk of the court where the case was handled. Contact the court to inquire about filing fees and the acceptable forms of payment. The clerk of the court will keep the paperwork and submit the order to the judge for their signature. The clerk will notify the petitioner when the signed order is ready for pickup. Request sufficient certified copies of the order and distribute them to the law enforcement agencies, courts, and prosecuting officials involved in the criminal case.
How to Expunge a Criminal Record in Nevada
Applicants must meet the waiting period and offense requirements highlighted in the Nevada Revised Statutes. Nevada generally uses the term "record sealing" rather than "expungement," and eligibility depends on the type of offense and the time elapsed since the applicant has completed their sentence or probation. Eligible applicants must obtain the correct petition or motion to seal records from the court that handled the original case. Complete it accurately, attach any required supporting documents, and file it with the district attorney so they have an opportunity to respond or object. If the District Attorney's Office approves, file the Petition and Order form with the court. If the judge approves, the petitioner will receive a signed order directing law enforcement agencies and courts to seal the record.
Criminal Records in Nevada vs Court Records
Criminal records are documents that provide information about people's previous criminal convictions. Local law enforcement agencies and the Nevada Department of Public Safety are responsible for maintaining them. Criminal records serve as an official statewide record of criminal history and are often used for background checks or licensing purposes. In contrast, court records are the case-specific files created and maintained by the courts during a prosecution. Each Nevada court (municipal, justice, district, or appellate) keeps its own records.
Requesting a Nevada Criminal History Record
The Nevada Department of Public Safety's Records, Communications, and Compliance Division is the custodian of criminal history records. These records are available to the public, and anyone can request copies of their criminal history records from the Division. According to Nevada Revised Statutes (NRS) 179.070, a criminal history refers to any information that criminal justice agencies collect and maintain about an individual. It consists of the subject's identifying description, as well as notations of arrests, detentions, indictments, charges, and dispositions of charges. A Nevada criminal history record excludes the following:
- Juvenile criminal history records
- Traffic violation records constitute misdemeanors.
- Records that originated in an agency that is not a Nevada criminal justice agency
- Any poster, list, or announcement identifying fugitives or wanted persons to aid their apprehension.
- Any information relating to crime reports or investigative or intelligence information concerning specific persons collected during the enforcement of criminal laws.
- Indexes and records of public court proceedings, judicial rulings and opinions, and details revealed during open judicial hearings.
How to Request a Nevada State Background Check
The Nevada Department of Public Safety's Records, Communications, and Compliance Division (RCCD) accepts online or mail background check requests. The fee for state-based background checks is $27. Online applications can be made through the Nevada Civil and Criminal Information System. Mail applicants must submit a completed, rolled ten-print fingerprint card, DPS-006 ID form, and the appropriate fees as a money order or cashier's check. Individuals can obtain fingerprinting services from any law enforcement agency or any authorized fingerprinting service. The processing time for background checks is typically within 30 calendar days; however, an additional two weeks may be required for mail requests.
Active vs Archived Criminal Cases in Nevada
An active criminal case refers to an ongoing or recently concluded criminal proceeding. Such records appear on current court calendars and are usually searchable through the Appellate Courts Case Lookup tool, county online court databases, or in person at the court where the case was heard. Conversely, an archived criminal case has been fully resolved and is no longer part of the court's active docket. These cases are removed from the daily calendar and moved to long-term storage or an archival database. To view them, requesters must submit a written request or follow special procedures, and processing can take extra time while staff locate and copy the files.