LAS VEGAS RECORD SEALING LAWYER
Approximately one-third of the adult population in the United States has a criminal record. With that in mind, having a criminal record (even an arrest) can make life much harder than it should be. Fortunately, you can seal your criminal records in Nevada as long as you’re eligible. If you can seal your record, specific elements of your criminal history are hidden from the public and most other institutions, but not all.
The good news is that most criminal offenses are eligible for a record seal, eventually. The bad news is that obtaining a sealed record can be a complicated process. It requires knowledge of specific procedures and working with the District Attorney’s Office to accomplish a successful record seal.
How Can I Seal My Criminal Record?
Consulting with an experienced attorney before you embark on the mission of obtaining a sealed record is smart. The record sealing process can differ depending upon the county in which your criminal record was created. However, in general, it requires preparing documents and correctly filing the documents in court.
Continue reading to learn more about how to seal a criminal record, sealed record eligibility, and the advantages of working with record sealing lawyers. When you’re ready to get a fresh start on life, call The Vegas Lawyers at (702) 707-7000 and let us help you with your record seal. We have handled numerous record seals for happy clients.
What’s The Difference Between Record Sealing And Record Expungement?
Record expungement and record sealing have similar goals but different outcomes. Record expungement is where your criminal record is destroyed and erased as if it never happened in the first place. While record expungement is the most desirable outcome, it is not offered in Nevada at this time.
In Nevada, the only choice you have is to opt for record sealing. The record sealing process entails hiding (not erasing) your criminal record from most background checks (i.e., employment, housing, etc.). However, the main difference is that government agencies can still access sealed records, including the Nevada State Gaming Authority. Thus, if you have a criminal record and want to work in a casino, your record would still be accessible to gaming regulators.
It’s important to note that not every crime is eligible for record sealing, and some records take much longer than others to seal. Contact us to speak with our experienced record sealing paralegals and lawyers today.
What Are The Statutory Waiting Periods To Seal Criminal Records?
If you’ve been convicted of a crime in the past, paid your debt to society, and are ready to move on, it’s more than normal to consider seeking help from lawyers to seal records. That’s because a criminal record lawyer can help you determine eligibility, gather the appropriate documents, and submit flawless paperwork. With that in mind, not every criminal record is eligible for a speedy record seal. Currently, the waiting periods to seal criminal records are as follows:
- Category A Felony – 15 Year Waiting Period
- Category B Felony – 15 Year Waiting Period
- Category C Felony – 12 Year Waiting Period
- Category D Felony – 12 Year Waiting Period
- Category E Felony – 7 Year Waiting Period
- Gross Misdemeanor – 5 Year Waiting Period
- Misdemeanor – 2 Year Waiting Period
- Misdemeanor DUI – 7 Year Waiting Period
- Misdemeanor Battery Domestic Violence – 7 Year Waiting Period
- Possession of Controlled Substance Not for Purpose of Sale – 3 Year Waiting Period.
How long do arrests stay on your record? If you do nothing about it, arrests stay on your record indefinitely. However, if you work alone or with a lawyer to seal your criminal record, arrests records are eligible for an immediate record seal. Contact The Las Vegas Lawyers today to speak with a knowledgeable criminal record lawyer.
Why Should You Seal Your Criminal Records?
A criminal record can affect just about every meaningful area of your life. That includes your work life, family life, housing situation, and more. Individuals with a misdemeanor or felony on their record must constantly explain their past to potential employers, mortgage lenders, volunteer organizations, and other people who conduct a background check.
By sealing your criminal record, you give yourself the opportunity for a fresh start. If your record seal is approved, you no longer need to worry about your past dragging down your future. That means that you can walk into the bank, job interviews, or into newly formed relationships with your head held high without the threat of someone finding out about your past.
The record sealing process can be complicated and drawn-out, but it’s definitely worth the trouble. If you’re interested in sealing your criminal record, give us a call to speak with a skilled lawyer for record sealing in Nevada. Continue reading to learn more about the benefits of a sealed record.
What Are The Benefits Of Record Sealing?
There is a multitude of benefits of record sealing. If you’re wondering if you should “clean my criminal record,” take a look at a few of the most commonly cited benefits of doing so below:
- Employment: If you have a criminal record, you know the anxiety and terror that comes with applying for a new job. Most employers in Nevada require extensive background checks for potential employees, even for entry-level positions. In some cases, prospective employees with criminal records are “disqualified” from a position as soon as they check “yes” on the criminal history question on the application.
- Promotion Opportunities: Speaking of employment, some businesses are open to employing individuals with a criminal history. However, in many cases, a criminal record can prevent you from ever getting promoted into a managerial role or roles that require certain insurance coverages.
- Housing Opportunities: It’s no secret that many public, private, and affordable housing opportunities require a background check. Both private landlords and public housing authorities have the right to deny an individual housing for certain criminal offenses. Once you’ve obtained a criminal record seal, you don’t have to worry about being denied housing for mistakes made in the past.
- Immigration Benefits: Suppose you are a Green Card-holding immigrant seeking citizenship in the U.S. In that case, a criminal record could disqualify you from citizenship or, at minimum, make things very difficult for you. With that in mind, a sealed record allows you to answer “no” when immigration asks if you’ve ever been arrested or convicted of a crime.
- Professional Licensure: A criminal history can preclude you from ever becoming a licensed doctor, lawyer, psychotherapist, engineer, etc. Sealing past convictions and arrests gives you the chance to pursue your dreams without fear of rejection for your past.
- Restoration of Rights: Once a criminal record seal is approved, individuals with a criminal history can regain essential rights like voting, serving on a jury, and holding public office.
It’s essential to note that one thing a criminal record seal can’t do is restore gun rights. The only way to have gun rights restored in Nevada is to be pardoned. However, pardons don’t erase or hide criminal history on background checks.
Can I clean my criminal record for any type of conviction? No. There are certain limitations to criminal record sealing in Nevada. Continue reading to learn more in the next section. If you have more questions, contact us to discuss the benefits of record sealing for your specific circumstances.
Can All Criminal Records Be Cleaned?
The vast majority of criminal offenses are eligible for record sealing in Nevada. However, there are a few crimes that are prohibited from ever being sealed. They include:
- Sex crimes
- Felony DUI convictions
- Crimes against children (i.e., kidnapping, sex trafficking, false imprisonment, etc.)
- Home invasions with a deadly weapon
Otherwise, most other crimes are eligible for record sealing after the required waiting period. It’s important to note that in some cases, a judge can deny the sealing of a criminal record, even if you qualify for record sealing. Further, If your paperwork is inaccurate or omits important information, it could delay the record sealing process or result in denial. These are yet more reasons why having an experienced law firm that fully understands the process can make it go much more smoothly and efficiently.
Since you don’t get many chances to apply to have a criminal record sealed, it’s recommended that you consult with a proven criminal record sealing lawyer as soon as possible if your petition for record seal has been previously denied.
How To Seal Criminal Records
The record sealing process varies depending on the county you live in. The first step is to petition the court (within the arresting district) for record sealing. The next two steps include preparing your documents and filing the documents in court.
How can I seal my criminal record? Since the process can vary, it’s in your best interest to consult a lawyer to seal criminal record who is familiar with local procedures and requirements. Learn more below.
- Preparing Documents – Seeking help from a lawyer to seal criminal record increases the likelihood of a successful record seal. Generally, you must prepare your criminal history, a list of companies/institutions with a copy of your criminal record, and a filled-out Petition and Order to Seal Records.
- Filing Documents in Court – It’s important to note that it can take weeks or months to receive an approval or denial for record sealing. That’s why it’s essential to file paperwork accurately and timely. Further, application fees vary from county to county.
It’s important to note that partial criminal record seals are not possible. That means that if you’ve been convicted of a sealable offense and other non-sealable offenses, your entire record is ineligible for sealing.
A 5-Step Process To Sealing Your Criminal Record In Nevada
In Nevada, the process for criminal record sealing requires extensive details and time. After submitting a petition to the court, it could take up to 8 months to receive an official response, and that doesn’t even include the time before the submission. The following are the basic steps you’ll go through when petitioning for record sealing in Nevada.
Step 1: Obtaining Your Criminal History
To begin the process, you must obtain all criminal history from the Nevada Criminal History Central Repository of the Department of Public Safety. This takes roughly 6-8 weeks, and you need to obtain a proof of valid government-issued identification via a fingerprint card. The required fee per each criminal history report request is currently $27 (which is subject to change) and cannot be waived. You must submit all criminal history reports to the District Attorney’s Office, as leaving one out could be detrimental to your petition.
Step 2: Prepare Record Sealing Forms
After you obtain your criminal records and required identifications, you must accurately fill out and prepare record sealing forms. There are different forms tailored to whether you are petitioning in a district court or a justice court.
The forms are:
- Signed Petition: Original and 1 copy
- Signed Order: Original and 1 copy
- Signed Affidavit: Original and 1 copy
- Criminal History Report: 1 copy, keep the original
Step 3: Submit Record Sealing Forms for Review
You must submit the forms in an unpadded manila envelope with a prepaid postage stamp and a return address to the district attorney’s office for review.
Step 4: The District Attorney’s Office Determines Eligibility
If the District Attorney’s Office grants you eligibility to have your records sealed, it will sign the Order and mail back to you the original forms and supporting documentation.
You must then send the original forms to the court clerk (depending on which court) for filing.
Step 5: If Eligible, Send Out A Copy Of Signed/Filed Order
After you have filed with the court clerk, and when a judge signs the Order, you must send out copies to all the agencies that were involved in the criminal offense (district attorney’s office, etc.). Keep in mind that if you do not follow this step, your criminal records will never be sealed.
Are Juvenile Records Sealed?
Per Nevada law, juvenile records are sealed when the individual turns 21. However, to be eligible for a juvenile record seal, the individual must avoid convictions for any other felony crimes, violent crimes, or crimes involving “lewdness” with minors.
How are juvenile records sealed if you don’t meet the initial requirements?
If you do not meet the requirements mentioned above, you may still have an opportunity to seal your juvenile record. Generally, doing so requires you to:
- Wait until you turn 30 to apply for a juvenile record seal
- Avoid certain misdemeanor or felony convictions
- Provide proof that you are rehabilitated and living a crime-free life
As you can imagine, proving that you’ve been rehabilitated isn’t always an easy task. Working with an experienced record sealing lawyer can help you provide convincing and detailed evidence of your rehabilitation.
Can The Nevada Gaming Commission Find Out About Your Sealed Records?
Under most circumstances, when your criminal record is sealed, it’s treated like it never existed. However, that’s not true in every situation. For example, if you apply for a job with a casino or other gambling-related institution, the Nevada Gaming Control Board and the Nevada Gaming Commission can (and most likely will) view your criminal record.
For the most part, the gaming commission is only concerned about convictions related to finance. Examples of sealed crimes that may still prohibit you from employment in the gaming industry include:
- Money laundering
- Other types of financial crimes
In addition to the Nevada Gaming Commission, it’s important to note that sealed criminal records can still be viewed by certain federal government agencies like the FBI, CIA, DEA, etc. Contact us to speak with a proven record sealing lawyer to learn more.
Why Do You Need To Hire A Record Sealing Lawyer For Your Legal Defense?
You have the right to seal your record on your own. However, that process can be especially frustrating and complicated without the help of an experienced record sealing attorney. We’ve had many clients come to us after they’ve tried to seal their records on their own without success. Generally, a record sealing attorney can do the following:
- Help determine eligibility for record sealing
- Develop a solid argument showing why you deserve to have your record sealed
- Accurately file the necessary paperwork
- Serve your record sealing petition to applicable parties
- Represent you in a record sealing hearing (if necessary)
If you’re ready to seal your record, we can help. Continue reading to learn how a record sealing attorney at The Vegas Lawyers can help you.
Contact The Vegas Lawyers To Seal Criminal Records And Get A Fresh Start
Are you tired of being discriminated against due to mistakes you made years ago? Working with an experienced record sealing lawyer in Nevada gives you the best chance at finally sealing your criminal record from public view and no longer worrying about the consequences of judgment for your past.
Sealing your record opens up new opportunities for employment, housing, and restoration of certain rights. You don’t have to worry about navigating the record sealing process alone. We’re here to help.
Contact The Vegas Lawyers today at (702) 707-7000 for your free consultation with a skilled record sealing lawyer about your case.