Nevada is officially a state of “second chances.”  In fact, the Nevada legislature passed a law in 2017 (NRS 179.2405), declaring “that the public policy of this State is to favor the giving of second chances to offenders who are rehabilitated and the sealing of the records of such persons.” 

What does this mean in practical terms?  It means that in certain circumstances you can have your state criminal records “sealed” as if you never had a record in the first place.  Once sealed, your prior state criminal record will no longer appear in criminal databases subject to private investigators and you can truthfully answer “no” if asked whether you have a criminal record. 

At The Vegas Lawyers, we handle record sealing on a routine basis.  As a paralegal for the firm, I am frequently asked questions about the process by potential clients.  Although I am not a lawyer and nothing in this blog should be taken as legal advice, I do have some observations to share as the paralegal of a busy law practice that might help answer some common questions about the process of sealing records.  Basically, there are 3 main things to know. 

SEALING CRIMINAL RECORDS IN NEVADA IS A LENGTHY PROCESS AND SUBJECT TO THE DISCRETION OF A JUDGE 

The first thing to understand at the outset is that sealing records in Nevada doesn’t just happen overnight.  Depending upon the type of criminal history one might have, there is a waiting period before you can even apply for record sealing.  For example, if you were charged and convicted of a Category A felony, such as a crime of violence, it takes 10 years after you complete your sentence and/or probation or parole before you can even request to seal your records.  For less serious crimes, like Category E felonies and Gross Misdemeanors, you have to wait only 2 years after your sentence and/or probation or parole ends before you can request to seal a record.   

Once you finish your sentence and become eligible to seal your records, you have to comply with a number of steps, including submitting your records to the District Attorney’s (“DA”) Office for approval.  Even if the DA’s Office agrees that you’re eligible for having your records sealed, a Nevada judge must still approve the request.  The judge has the ultimate discretion to deny a request to seal a state criminal record even if the person making the request is otherwise eligible for relief.  In other words, nothing is guaranteed and a judge always has final say on the matter. 

As mentioned earlier, record sealing is not an immediate process.  Based upon my experience, it can take anywhere between 6-12 months to process a request to seal criminal records.  With this in mind, anyone wishing to have his or her state criminal record sealed must be patient and be prepared for a lengthy bureaucratic process. 

YOU SHOULD HAVE A LAWYER ASSIST YOU

Many people mistakenly believe that record sealing is a straightforward and easy process.  I am here to tell you that it’s not.  First, in order to seal records, you have to request records from all applicable law enforcement agencies you might have been arrested by.  After that, you have to have an application submitted to the District Attorney’s Office for their review.  This application will require a number of different forms. 

If those forms aren’t properly completed, the application will be rejected.  Only after the DA has reviewed and approved can a person then apply to a Nevada District Court Judge to have his or her record sealed.  The Judge has the discretion to deny the request to seal records, even if the DA’s Office is onboard with your request.  Does any of this sound straightforward or easy to you? 

Most people choose not to cut their own hair or operate on themselves, leaving those tasks to professionals.  When dealing with your legal rights, the same attitude and approach should be taken.  Why chance having your application to seal your criminal records rejected when you can have the peace of mind knowing a law firm like The Vegas Lawyers, which handles these types of requests on a routine basis, can help you get it right the first time.  At The Vegas Lawyers, we don’t just help put together the best possible application for you, we make sure it is compelling and has the best possible chance of being accepted. 

SOME CRIMES CAN NEVER BE SEALED

Perhaps the biggest myth that exists about sealing records is that it applies to all crimes.  Not true.  Under Nevada law, crimes against children, sexual offenses and felony DUIs cannot be sealed.  If you were dishonorably discharged from probation, even if the crime for which you were serving a sentence is subject to sealing, you can’t apply for record sealing because of the dishonorable discharge.

In addition to knowing what crimes cannot be sealed, it’s also important to understand that record sealing only applies to Nevada crimes.  If you have a federal criminal record, that cannot be sealed and is not subject to the state law on record sealing.  Also, its important to understand that government authorities, especially federal law enforcement, will always have access to your sealed records.  When you think of record sealing you should understand that what’s being sealed is information accessible to private investigators, employers and other private parties.  The government will always be able to access your criminal record.

The purpose behind the record sealing law is good and well intentioned.  People make mistakes in life and should have an opportunity at a second chance.  Getting records sealed is not easy but with the right legal team in your corner, it is achievable.           

Historically, a person convicted of a felony was barred from voting in most states.  However, times are changing.  With greater focus upon and scrutiny of the criminal justice system, there has been much discussion in recent years about the need for rehabilitation and restoration of civil rights for ex-felons.  Today, all but approximately 11 states allow ex-felons to vote upon the completion of their term of imprisonment. 

The rationale behind this modern trend to restore voting rights is that once a person has “paid their debt to society,” they should be permitted to regain their civil rights as a form of rehabilitation.  In other words, the stigma of being an ex-felon should not permanently alienate a person from the rights enjoyed by all other persons in society, especially where a person has satisfied his or her criminal sentence.

NEVADA, LIKE MOST STATES, ALLOWS EX-FELONS THE RIGHT TO VOTE

In July 2019, the Nevada legislature passed Assembly Bill 431 which made it legal for any Nevada resident previously convicted of a felony offense to have the right to vote immediately restored upon the individual’s release from prison.  What does this mean in practical terms?  It means that if a person is convicted of a felony offense and serves prison time, the day he or she is released from prison the right to vote is automatically restored – even if they still have to serve a period of supervised release or parole/probation. 

There is no waiting period and there is no distinction in terms of category of felony.  Whether a person was convicted of a low-level felony or a major felony, it makes no difference.  Upon release from prison, the right to vote is restored automatically and immediately. 

If a person’s voter registration was cancelled because he or she was in prison, the person may re-register to vote upon release from prison without having to show proof of voting rights having been restored.  That’s the whole point of the new Nevada law.  Voting rights get restored automatically.  Irrespective of whether a person has a felony conviction on their record, all that matters is that he or she only needs to satisfy the general voting requirements applicable to everyone else seeking to register to vote in Nevada.   

GENERAL VOTING REQUIREMENTS IN NEVADA

Although persons previously convicted of a felony can now vote in Nevada, they must still satisfy the general requirements to do so.  These include the following:

1. Must be a United States citizen;
2. Must be at least 18 years old by the date of the next election (or at least 17 years old if preregistering to vote);
3. Must have continuously resided in Nevada and the county for at least 30 days before the next election; and
4. Must have continuously resided in the precinct for at least 10 days before the next election. 

While a person with a felony conviction can now vote in Nevada, he or she cannot register to vote while in prison.  The person must wait to finish/complete his or her term of incarceration before registering to vote.

FELONY CONVICTIONS FROM OTHER STATES OR THE FEDERAL SYSTEM DON’T AFFECT VOTING RIGHTS IN NEVADA

What if a person was convicted of a felony in another state that doesn’t allow ex-felons the right to vote and they now live in Nevada?  Can that fact prevent a person from voting?  The answer is no.  Nor can a federal conviction. 

It doesn’t matter whether a person was convicted in the federal system or another state.  If he or she satisfies the general voting requirements in Nevada, then that person is eligible to vote.  To learn more about how to register to vote, click here. 

WHAT DOES THE FUTURE HOLD WITH RESPECT TO OTHER CIVIL RIGHTS?

Although the restoration of voting rights for persons with felony convictions is a major development, there are a number of other civil rights (e.g. right to serve on a jury, right to own/possess a firearm) that remain lost to persons with felony convictions. 

For example, in Nevada, a person with a felony conviction may not own a firearm.  The law, specifically Nevada Revised Statute 202.360, precludes a person with a felony conviction from not only owning but also possessing a firearm.  While this law makes sense in the context of persons previously convicted of violent crimes, does it make sense to preclude a person convicted of a felony crime involving non-payment of federal taxes from owning or possessing a firearm?  Shouldn’t there be a distinction between certain types of crimes? 

Society’s views are constantly evolving and changing.  Undoubtedly, there will be further discussion and debate in society about a number of other laws and their impact upon persons with felony convictions. 

GET THE VEGAS LAWYERS IF YOU FIND YOURSELF IN TROUBLE

Facing criminal charges can be stressful and potentially damaging to a person’s career and life.  It’s extremely important to have the right lawyer in your corner.  If you find yourself facing criminal charges in Las Vegas, Henderson or North Las Vegas, get The Vegas Lawyers.  We have an all-star team of lawyers and paralegals ready to help you.  Call us direct at (702) 707-7000.