A DUI conviction can continue affecting your life long after fulfilling your sentence and paying fines. In fact, for many people, the most significant consequences of a DUI conviction can be found in the lingering impact that appears every time a potential employer, landlord, licensing board, or professional organization conducts a background check. If you have a DUI conviction, you may feel as though a past mistake prevents you from successfully moving forward. Unfortunately, that conviction will remain on your record and continue to negatively impact your life forever unless you take affirmative legal action. A DUI conviction does not vanish on its own. Fortunately, Nevada law allows certain DUI convictions to be sealed, making them inaccessible to most employers, landlords, and members of the general public.
The Short Answer: How Long Does a DUI Stay on Your Record in Nevada?
The simplest answer is that a DUI remains on your criminal record indefinitely unless you take the necessary legal steps required to seal the record. Despite common misperception, criminal records do not automatically disappear after a designated amount of time. Absent a court order removing or sealing it, a conviction remains part of your criminal history forever.
Worried about a background check? Contact us for a confidential review to see if you are eligible to seal your record.
Misdemeanor DUI (1st and 2nd Offenses): The 7-Year Rule
For most first-time and second-time misdemeanor DUI convictions, Nevada law requires a seven-year waiting period before you are eligible to petition for a record seal. It is crucial to understand, however, that the seven-year period does not begin on the date of your arrest or even the date of your conviction. Instead, the waiting period begins on the date of release from custody, date of discharge from parole or probation, or the date when you are no longer under a suspended sentence, whichever occurs later. In practical terms, this means the clock generally starts after you have completed all aspects of your sentence, including jail time, successful completion of all terms of probation, and payment of all fines and costs.
Felony DUI (3rd Offense or DUI with Injury/Death): A Permanent Mark
Unfortunately, felony DUI convictions require a very different evaluation in Nevada because they are usually not eligible for record sealing. A DUI can be charged as a felony when it involves substantial bodily harm, causes death, or when the defendant has two previous convictions within the previous seven years. While it can be disappointing to learn that your DUI conviction is not eligible for record sealing, it is still wise to consult with an experienced defense attorney to explore other routes that might be available to you, such as petitioning the court to reduce the original conviction to a misdemeanor. If you are successful in that endeavor, the resulting misdemeanor DUI conviction may qualify for sealing.
Nevada Record Sealing vs. Expungement: What You Need to Know
Although the terms “sealing” and “expunging” are frequently used interchangeably, they are legally distinct actions that result in similar, but unique, outcomes.
Sealing a criminal record results in a criminal conviction becoming unavailable to the general public. In other words, if a prospective employer or landlord runs a background check, the conviction will not show up. The physical record of conviction, however, remains intact and may be accessed by specific people and entities, such as law enforcement agencies, courts, and some federal employers.
By contract, when a criminal record is expunged, the record is physically destroyed or removed from relevant databases. Not only is the record inaccessible to employers and landlords, but it may be hidden from courts and government entities as well.
In the State of Nevada, a criminal conviction may be eligible for record sealing only, as the law does not allow expungement.
How a DUI on Your Record Affects Your Life in Las Vegas
Along with the sentence imposed by the court, a DUI conviction can have far-reaching and long-lasting consequences in your personal life that may negatively impact your career, your finances, and your relationships.
Casino Employment, Sheriff’s Cards, and Professional Licenses
The unique economy in Las Vegas is heavily influenced by the gaming, hospitality, entertainment, and tourism industries. Typically, employment offers within these industries are predicated on the applicant successfully passing a criminal background check. Many positions also require you to obtain specialized licenses, permits, and registrations that may be problematic with a criminal conviction.
Even if your DUI conviction does not automatically prevent employment in one of these industries, it can complicate the hiring process and may require you to provide an uncomfortable explanation during an employment interview. Successful record sealing removes this obstacle and can improve your future employment opportunities.
Auto Insurance and Housing Applications
One of the most frustrating and costly consequences of a DUI conviction is the likelihood that your automobile insurance carrier will raise your rates. A single DUI conviction may significantly increase your premiums and mandate that you file an SR-22 with the state for several years after the conviction.
Housing applications can also become more challenging because property managers and landlords frequently conduct criminal background checks before approving prospective tenants. While a DUI conviction may not bar you from renting, it can be uncomfortable if the conviction shows up during the rental process.
Don’t let a past mistake cost you your career. If your case is closed, the clock is ticking. Let’s get your record sealed. Call us today.
What If Your DUI Was Dismissed or Reduced to Reckless Driving?
In some DUI cases, defense attorneys can negotiate a reduction of the charges or even obtain an outright dismissal of all charges, but the record of the arrest will remain on your criminal record unless you take steps to seal it. The good news is that you can apply to seal your record immediately if the charges are dismissed, and the waiting time is noticeably shorter if your DUI was reduced to reckless driving.
How The Vegas Lawyers Can Help Clear Your Name
People frequently postpone record sealing because they are unsure how the process works or assume the process will be complicated and confusing. At The Vegas Lawyers, we are committed to helping you get your life back by helping you through the record sealing process. Our team will evaluate your eligibility, gather the necessary records, and prepare the required documents. We understand that many clients simply want an opportunity to move forward without continually being defined by a past mistake.
FAQs
Will a first-time DUI automatically fall off my record in Nevada?
No. A criminal conviction stays on your record forever unless you take action.
Can I get a casino job in Las Vegas if I have a DUI on my record?
Casino employment policies vary, but a DUI conviction may make it harder to get a job.
When does the 7-year waiting period to seal a DUI actually start?
The waiting period begins on the date of release from custody, date of discharge from parole or probation, or the date when you are no longer under a suspended sentence, whichever occurs later.
Is there any way to expunge a DUI in Nevada completely?
No. Nevada only allows you to seal a criminal record.
Do I have to tell a potential employer about a DUI from 5 years ago?
If asked, you should be honest. Moreover, your employer will be able to see the conviction on your criminal history unless you successfully seal it.
What happens to my record if my DUI charge was dismissed in Clark County court?
The record of your arrest will remain on your criminal history forever unless you petition to seal the record.
How much does it cost to hire a lawyer to seal a DUI record in Las Vegas?
At The Vegas Lawyers, we believe everyone deserves a clean slate. Reach out for a free, 100% confidential consultation to discuss clearing your criminal record.