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Seal A Nevada Sexual Offense Record When The Victim Is A Child

Below is information on clearing a sexual offense from a criminal record. To see if you are eligible to clear your criminal record, take our FREE Eligibility Check.

The language of the law may wrongfully deter many people who seek to have their criminal record sealed in Nevada when the victim of their offense was a child. A better understanding of Nevada law and its real legal meaning would prevent this.

When the Victim of the offense is a Child

Nevada’s record sealing law, NRS 179.245, lists many offenses that are not eligible to be sealed. First on the list is “a crime against a child.” Someone convicted of child abuse, or many other offenses that may involve a child, might think that they are not eligible to have their record sealed.

However, that is not the case.

A crime against a child is a reference to a statutory definition that is put forth at NRS 179D.0357. That section of law defines crimes against a child as kidnapping, false imprisonment, and sex trafficking involving a victim who is under the age of 18 at the time of the offense. That list is very narrow and it contains very serious felonies. Not on that list is a wide range of offenses where the victim might be someone under the age of 18.

Similarly, the prohibition on having a Nevada criminal record sealed if the offense was a sexual offense has an exact definition that is much narrower than one might think. The definition is put forth later in the statute. The sexual offenses put forth are quite serious and do not include common offenses such as solicitation of prostitution or indecent exposure.

Sexual Offenses That are Ineligible for Record Clearing in NV

  1. Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
  2. Sexual assault pursuant to NRS 200.366.
  3. Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.
  4. Battery with intent to commit sexual assault pursuant to NRS 200.400.
  5. An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.
  6. An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.
  7. Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
  8. An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
  9. Incest pursuant to NRS 201.180.
  10. Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.
  11. Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.
  12. Lewdness with a child pursuant to NRS 201.230.
  13. Sexual penetration of a dead human body pursuant to NRS 201.450.
  14. Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.
  15. An attempt to commit an offense listed in this paragraph.

Also visit our free expungement and record clearing information page and take our free online eligibility test to see what types of record clearing you are eligible for.

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