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Nevada Criminal Defense Laws

Nevada classifies felonies into five categories (A–E), with Category A carrying life imprisonment or death and Category E presuming probation. Misdemeanors carry up to 6 months jail, and gross misdemeanors up to 364 days (reduced from 365 to avoid federal immigration consequences). Nevada does not allow expungement — only record sealing, which restricts access but does not destroy records.

Last verified: 2026-02-25

Statute of Limitations

No limit for murder; 3 years for most felonies; 1 year for misdemeanorsNRS 171.080, 171.085, 171.090

Murder, terrorism-related sexual assault, and certain sex offenses with DNA have no limitation. Sexual assault has 20 years. Theft, robbery, burglary, forgery, and arson have 4 years. Other felonies 3 years. Gross misdemeanors 2 years. Misdemeanors 1 year.

Exceptions

Sexual Assault with Police ReportNRS 171.083

If a victim of sexual assault or sex trafficking files a written report with law enforcement during the limitation period, the statute of limitations is removed entirely.

Key Nevada Statutes

Felony Categories (A–E)NRS 193.130

Category A: life/death. Category B: 1–20 years, up to $20,000 fine. Category C: 1–5 years, up to $10,000 fine. Category D: 1–4 years, up to $5,000 fine. Category E: 1–4 years with presumptive probation, up to $5,000 fine.

Misdemeanor & Gross Misdemeanor PenaltiesNRS 193.140, 193.150

Gross misdemeanor: up to 364 days jail, $2,000 fine (reduced from 365 days to avoid federal "aggravated felony" immigration consequences). Misdemeanor: up to 6 months jail, $1,000 fine.

DUI PenaltiesNRS 484C.400

Nevada uses a 7-year lookback period for DUI priors. First/second DUI within 7 years are misdemeanors. Third+ DUI within 7 years is a Category B felony (1–6 years).

Record Sealing (Convictions)NRS 179.245

Nevada allows record sealing but not expungement. Waiting periods: Category A felony or crime of violence: 10 years. Category B/C/D: 5 years. Category E: 2 years. Gross misdemeanor: 2 years. Most misdemeanors: 1 year. Sex offenses and crimes against children are never sealable.

Record Sealing (Non-Convictions)NRS 179.255

Records of dismissals, declinations, and acquittals are presumptively eligible for sealing. Acquittals require mandatory sealing upon petition.

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Nevada.

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