WHEN CAN I GET A DUI OFF OF MY RECORD?
May 3, 2021
DUI arrests and convictions in Nevada can remain on your record indefinitely. It can appear during background checks for employment, loans, housing, and more.
With that in mind, most Misdemeanor DUI records are eligible for a record seal within seven years after the case closes. That means that the DUI arrest and/conviction stays on your record, but it’s sealed from public view.
However, if you’re convicted of a felony DUI, your record may never be sealed.
If you’re facing DUI charges, it’s in your best interest to consult with an experienced attorney for DUI cases in Las Vegas. Hiring an attorney can drastically increase your chances of reduced or dismissed charges.
This article discusses if and when you can get Nevada DUI removed from your criminal record. Continue reading to learn how.
A DUI expungement and a DUI record seal are essentially the same things in Nevada. They seal your DUI record from public view. Lawmakers just prefer the term “record seal” over “expungement” in Nevada. With that in mind, not every DUI conviction is eligible for a record seal.
Only first and second offense misdemeanor DUI convictions are eligible for record seal in Nevada (7 years after the case closes). Eligibility for a DUI record seal requires:
- First time DUI conviction (within seven years) that causes no significant injuries
- Second DUI conviction within seven years that causes no serious injuries
It’s important to note that it’s impossible to seal a felony DUI conviction in Nevada.
A criminal conviction for driving under the influence in Las Vegas can carry lifelong consequences. If your DUI record isn’t sealed, a conviction and sometimes DUI arrests can have lifelong consequences.
Potential long-term consequences (beyond the criminal penalties) include but are not limited to:
- Decreased employment options due to a criminal DUI record
- Higher auto insurance rates
- Difficulties finding housing due to a criminal record
- Rejection from higher education institutions and revoked scholarships
If you do nothing, all DUI convictions and arrests stay on your record forever in Nevada. However, misdemeanor DUI convictions in Nevada are eligible for a record seal seven years after the case closes.
That means that a DUI record seal is only possible seven years after you serve jail time, complete probation, pay all fines, etc. Take a look at the table below to learn more about how long it takes to seal a DUI record in Nevada.
|Offense||Eligible for DUI Record Seal||Time to Seal DUI Record|
|Misdemeanor DUI||Yes||Seven years after case concludes|
|DUI arrest (not convicted)||Yes||Immediately|
|DUI reduced to misdemeanor reckless driving||Yes||One year after the case concludes|
It’s important to note that DUI arrests and convictions are not automatically removed from your record. You must apply for a DUI record seal when you’re eligible. Otherwise, it will remain on your criminal record indefinitely.
If the court denies your request for a DUI record seal in Nevada, you must wait at least another two years before applying for a DUI record seal again. If your DUI record seal application is accepted, you can expect the record sealing process to take a few months to conclude.
If you’re convicted of a DUI in Nevada, you must wait at least seven years after your case officially closes before you can be eligible to have your record sealed. However, if the prosecution drops or reduces your DUI charges, your record can be sealed much sooner.
With that in mind, the Clark County District Attorney takes DUI charges very seriously. Having your charges reduced or dropped can be a challenging process, but it’s not impossible. Working with a proven DUI lawyer in Las Vegas can drastically increase your chances of avoiding a DUI conviction. Continue reading to learn how.
At The Vegas Lawyers, it’s always our goal to get DUI charges dismissed or reduced to a misdemeanor reckless driving charge.
An experienced DUI attorney in Las Vegas can increase the likelihood of dismissal or reduced charges by deploying the following defense strategies (where applicable):
- Lack of probable cause for the DUI traffic stop
- Improperly executed field sobriety tests
- Faulty DUI breathalyzer equipment or improper use
- Lack of credible evidence
- Contaminated blood samples
- Inconsistent evidence
- Violation of rights during arrest
Depending on your case, there are countless defense strategies that your DUI lawyer can use to help get your charges reduced or dismissed.
Author: Tony Abbatangelo, Esq.
Anthony “Tony” L. Abbatangelo Esq. is a smart, compassionate attorney that knows how to get results and is no stranger to the courtroom. Tony and his team are ready to assist you with your criminal and DUI defense.