FEDERAL CRIMES Archives - The Vegas Lawyers

Can a DUI Conviction Ever Be Removed from Your Record in Nevada?

Vee Jae Budomo on December 27, 2025

A conviction for driving under the influence in Nevada can carry negative consequences that go beyond the judicial sentence handed down by the court. You may face dramatically increased car insurance rates for years after a DUI conviction, disciplinary action if you hold a professional license, and lost employment opportunities because a DUI conviction shows on your criminal history. Understandably, you may be wondering if a DUI conviction can ever be removed from your record in Nevada. The Vegas Lawyers offer a general overview of the laws and procedures relating to sealing a DUI record in Nevada. For specific questions about your situation, contact The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.

Understanding DUI Convictions vs. DUI Charges in Nevada

If you were arrested for driving under the influence (DUI) in Nevada, it is crucial to know the disposition of your case before moving forward with your efforts to clear your record, because the laws and procedures relevant to sealing a record can differ depending on the disposition. There are three possible dispositions following a DUI arrest in Nevada, including:

Arrest Only: This means you were arrested for DUI, but the prosecuting attorney declined to file charges against you.
Arrest Case Dismissed: You were arrested, the State of Nevada filed criminal charges against you, but the prosecuting attorney dismissed the charges, and you were never convicted.
Arrest and Conviction: You were arrested, the State prosecuted the case, and you plead guilty or you were adjudicated guilty at a trial.

Can a DUI Conviction Be Sealed or Expunged in Nevada?

The State of Nevada has a relatively liberal record sealing law that allows most criminal records, including some DUI convictions, to be sealed. It is important to understand that sealing a record does not destroy the record. It simply removes the record from public access, which prevents most individuals, including employers and landlords, from finding it during a routine background check. Certain government employees, agencies, or individuals authorized by a court order can still access it for specific purposes permitted under Nevada law.

DUI Convictions That Can Never Be Sealed

Although Nevada law does allow you to petition to have a misdemeanor DUI conviction sealed, the law makes it very clear that a felony DUI conviction is not eligible to be sealed. DUI can be charged as a felony under several circumstances in Nevada, including when it is the third offense within a seven-year period, when someone is injured, or when the defendant has a prior felony DUI conviction. If you are unsure whether your Nevada DUI conviction is a misdemeanor or a felony, consult with an attorney at The Vegas Lawyers.

DUI Charges That May Be Eligible for Record Sealing

Nevada DUI charges that are potentially eligible to be sealed include an arrest only, an arrest that was not prosecuted, and a misdemeanor DUI conviction. Your Nevada DUI conviction may also be eligible for sealing if you were originally charged with a felony, but the charges were reduced to a misdemeanor. This typically occurs through plea-bargaining prior to conviction or because you took part in a “Specialty Court Diversion Program” that results in reducing a felony DUI to a misdemeanor upon successful completion. Under limited circumstances, an attorney may even be able to get a felony DUI conviction reduced to a misdemeanor long after the conviction was entered. Because the distinction between a felony and misdemeanor DUI dictates whether the conviction can be sealed, consult with an experienced Las Vegas DUI defense attorney immediately if you are uncertain about the level of your conviction.

How a DUI on Your Record Can Affect Your Future

When most people are facing a DUI conviction, they focus solely on the terms of the plea agreement or judicial sentence handed down. Jail time, probation, and court fees, however, are only the beginning of the impact a DUI conviction can have on a defendant. The non-judicial consequences of a DUI often include increased insurance rates for several years to come, disciplinary action if you hold a professional license, disqualification for future employment, impact on status change for non-citizens, and even interference with custodial arrangements with your minor children.

The Record Sealing Process in Nevada

Nevada has a waiting period requirement that applies to all requests to seal a record. If you were arrested but not charged, or the State dismissed the charges against you, Nevada law only requires you to wait until the expiration of the relevant statute of limitations. For a misdemeanor DUI, that means you must wait one year after the arrest before petitioning to seal the record. If you were convicted of misdemeanor DUI, you must wait seven years. The waiting period is calculated from the date of release from actual custody, completion of a suspended sentence, or discharge from parole or probation, whichever occurs later. After the waiting period has expired, the steps involved in sealing a Nevada DUI conviction include:

Requesting a SCOPE Report: Requested from the applicable law enforcement agency, a SCOPE (Shared Computer Operations for Protection and Enforcement) report verifies your criminal history.
Obtaining Judgment of Conviction and Discharge: Obtained from the appropriate Court Clerk, this is used to show that the case is closed and to calculate the waiting period.
Preparing Documents: A petition, affidavit, and proposed order must be prepared and filed with the appropriate court.
Serving the District Attorney: Copies are served on the District Attorney for stipulation that your record is eligible for sealing.
Filing with the Court: All documents are filed with the appropriate Court for the judge to review and sign.
Notifying Law Enforcement Agencies: If your Petition is approved, you must forward copies to all relevant law enforcement agencies for removal of the record from their system.

Even a minor mistake made during the record sealing process can cause significant delays or result in a denial of your petition. Working with an experienced Las Vegas record sealing attorney is the best way to ensure that the process moves along smoothly and ends with your DUI record being sealed.

Why You Should Speak with a Nevada DUI Defense or Record Sealing Lawyer

The record sealing process in Nevada can be complicated and difficult to navigate for anyone unfamiliar with the relevant laws and procedures. An experienced attorney can review eligibility, reduce charges when possible, and ensure that your petition moves through the process smoothly. If you are ready to explore getting your Nevada DUI conviction sealed, contact a Nevada record sealing attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

What Happens If You Can’t Afford Bail in Las Vegas? Exploring Release Options?

Vee Jae Budomo on September 22, 2025

If you are arrested and charged with a criminal offense in Las Vegas, a bail amount will typically be set shortly after you are processed into the jail. If you are able to “make bail,” you will be released from jail and be allowed to remain out of custody for the duration of the prosecution of your case, providing that you abide by your release conditions. What happens if you can’t afford bail though? Is there anything you can do to secure your release from custody? To help answer these questions, The Vegas Lawyers explain how bail works and discuss release options when a defendant cannot afford bail.

Can’t Afford Bail in Las Vegas - The Vegas Lawyers

What Is Bail?

The 8^th Amendment to the U.S. Constitution prohibits the imposition of “excessive bail” in a criminal case. While that amendment does not mean that everyone is entitled to bail in all cases, it is customary for a defendant to either be released on his/her own recognizance or for a bail amount to be set after being arrested and charged with a crime in Nevada. If you are released on your own recognizance (OR) it means that you do not have to pay monetary bail. Instead, the court is allowing you to be released based solely on your promise to return for all court appearances and abide by any release conditions.

If bail is required, it can be set as cash or allow a bail bondman to post bail. A cash bail means that the entire amount must be paid in cash. If a bail bond is allowed, it means that you can secure the release by paying a bail bondsman 15 percent of the bail amount. The bail bondman then submits the paperwork with the court to secure your release. A bail bond agent effectively provides insurance to the court that you will appear at future court appearances.

How Is a Bail Amount Determined?

Initially, bail is set using a bail schedule in Nevada. The schedule only takes into account the severity of the criminal offense involved when determining a bail amount, which is why an initial bail amount may be too high for you to pay. These pre-set bail amounts do not take into consideration any of the factors that might warrant setting a lower bail.

What Happens If I Can’t Pay Bail?

If you are unable to make bail prior to your initial court appearance, your attorney can request a hearing to discuss the possibility of lowering, or eliminating, your bail. At a bail hearing, the prosecuting attorney must prove that the current bail amount is necessary. Your attorney can also present evidence and testimony intended to convince the judge that bail is not necessary or that a lower bail amount is sufficient to protect the community and ensure your appearance at future hearings. According to Nevada law, a judge may consider the following factors when setting bail:

The length of residence in the community.
The status and history of employment.
Relationships with the person’s spouse and children, parents or other family members and with close friends.
Reputation, character and mental condition.
Prior criminal record, including, without limitation, any record of appearing or failing to appear after release on bail or without bail.
The identity of responsible members of the community who would vouch for the reliability of the person.
The nature of the offense with which the person is charged, the apparent probability of conviction and the likely sentence, insofar as these factors relate to the risk of not appearing.
The nature and seriousness of the danger to the alleged victim, any other person or the community that would be posed by the person’s release.
The likelihood of more criminal activity by the person after release.
Any other factors concerning the person’s ties to the community or bearing on the risk that the person may willfully fail to appear.

What Are Bail Conditions?

If you are released on bail, including an OR release, there will be conditions associated with your release. Common bail conditions include things such as making all court appearances, not getting arrested for new offenses, and remaining in the jurisdiction. Additional conditions may be ordered by the court to secure your release. For example, you may be required not to have contact with an alleged victim or submit to electronic monitoring. If you violate any of the conditions of your release, the court can revoke your bond, and you will return to custody until the conclusion of your case.

Contact A Las Vegas Criminal Defense Lawyer at The Vegas Lawyers

If you have questions about bail in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options. Call us at 702-707-7000 or contact us online.

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