If and when you can get your Nevada criminal record sealed depends on the type of offense and the time elapsed since the case was closed. Since each person's situation is unique and the question of eligibility can be complicated, we suggest that you call our office at (702) 608-3030 so we can determine if you are eligible.
If your case was dismissed or you were acquitted, you may petition to have your record sealed right away as long as you do not have other criminal charges pending against you.
If you were convicted of a crime against a child, a sex crime, or a felony DUI, you are ineligible to have your record sealed.
For all other types of offenses, you must wait a statutorily prescribed time period after the case is closed before you can petition the court to seal your record. The waiting time between when your case is closed and when you may apply for a record seal varies with the type of offense. The following is the statutorily prescribed schedule:
Most misdemeanor offenses in Nevada: 1 year
Misdemeanor DUI in Nevada: 7 years
Misdemeanor battery domestic violence in Nevada: 7 years
Gross misdemeanors in Nevada: 2 years
Category E felonies in Nevada: 2 years
Category D felonies in Nevada: 5 years
Category C felonies in Nevada: 5 years
Category B felonies in Nevada: 5 years
Category A felonies in Nevada: 10 years
Note that during this waiting period, you cannot have been convicted or arrested of anything else other than minor traffic violations, otherwise, you will not be eligible to get your record sealed. You will need to wait until the latter offense is sealable.
If you have completed a program for reentry through the Nevada Department of Corrections, you may be eligible to apply to have your record sealed earlier than the normal waiting period.
Trying to seal your own criminal record in Las Vegas and Clark County can be a lengthy and labor intensive process. To make matters more complicated, the process is different for each court, e.g. Las Vegas Justice Court, North Las Vegas Municipal Court, Clark County District Court. Mistakes in the process will cause delays and may lead to your record not being sealed. Having an experienced attorney seal your record can save you time and aggravation.
As an example, the process for sealing a criminal record in Las Vegas Justice Court starts by first obtaining a current, verified copy of your criminal history from the Las Vegas Metropolitan Police Department. If your arrest resulted in a conviction, you must also obtain a "judgment of conviction and discharge" from the appropriate court.
Second, you must type out (not hand write) a stipulation, petition, affidavit and order that include: (1) all the arrests you wish to be sealed; (2) which law enforcement agency arrested you; (3) the date of the arrests; (4) the criminal charges filed, if any; and (5) the final disposition of each arrest, e.g. conviction, acquittal, or dismissal. If your Nevada criminal history does not include a final disposition, you must obtain documentation of the final disposition from either the law enforcement agency that arrested you or the court where the arrest was filed. Also, The petition and order must also list all the agencies that have copies of your criminal record, such as LVMPD and the Clark County District Attorney.
Third, you must deliver the stipulation, petition, affidavit and order with the required number of copies to the Clark County District Attorney Office. You will have to wait until you get a response from the district attorney either denying your request with an explanation or approving your request. This waiting period can be 30 days or more. If your request is denied by the district attorney, you must request a hearing before a judge to argue the grounds for sealing your record.
Finally, if the district attorney approves and signs your petition, you must submit your petition, signed by the district attorney, to the Las Vegas Justice Court clerk. The clerk will inform you about what filing fees you owe and how to get your documents certified. Next, the clerk will submit your papers to the judge for final review. Once the forms are returned to you, signed by the judge and filed by the court, you will then be responsible for distributing certified signed copies of the order sealing your record to all the agencies that have copies of your criminal records.
If you want your Nevada criminal record sealing done properly and as quickly as possible, call our office at (702) 608-3030 and we can get started today.
After we seal your criminal record in Nevada, it will be treated as if it never happened. The Nevada statute says exactly that: NRS 179.285. After we obtain an order from the court sealing your record, it will be removed from public records databases. For job purposes, you can say that you have not been convicted or arrested for the sealed criminal offenses. When a court in Las Vegas or Clark County, Nevada orders that your criminal record be sealed, this order applies not only to that court but also to all other courts and agencies that may have your record on file, including the FBI.
Whereas sealing a Nevada criminal record makes it invisible, expunging a record is more like erasing it completely. Nevada allows juvenile criminal records to be expunged once the person reaches the age of majority. Unfortunately, unlike other states, Nevada does not allow adult criminal records to be expunged. In Las Vegas and Clark County, Nevada, a person can seal their record but not expunge it, however the practical effect of sealing a record is the same.
Having a criminal record is embarrassing and it can keep you from getting the job you want. Many Nevada employers will not hire you if you have a criminal record. Many landlords will not lease to you. Many creditors will not loan to you. By having your criminal record sealed, you can prevent employers and others from discriminating against based on your record.
There are other benefits as well. If your Las Vegas Nevada criminal record is sealed, you do not have to tell anyone that you have (or had) a criminal record. If anyone asks you whether you have a criminal record, you can deny it, even under oath. Moreover, having your Nevada criminal record sealed can restore your rights to vote, to hold office and to serve on a jury.
Is your reputation worth $600.00 to you? In most cases, we only charge $600.00 to seal your Nevada criminal record(filing fees not included). In some cases, such as when district court records need to be sealed, our fee is a higher because the filing fees are higher. We also offer payment plans.
Once your criminal record is sealed, some people and agencies may still view it but only under very limited circumstances: (1) you may petition the court to inspect your own criminal record; (2) if your charges were dismissed, a prosecutor may reopen your criminal record if you are subsequently arrested for the same or a similar offense; (3) if you were convicted of the charges, a prosecutor or other criminal defendant may apply to reopen your criminal record in order to find information about other people involved in the crime; and (4) under very limited circumstances, some agencies, such as the Nevada Gaming Control Board, may inspect your criminal record for specific purposes, such as to determine determine your fitness to hold a gaming license (not to be confused with a sheriff's work card).
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