Record Sealing in Las Vegas
Criminal Record Sealing and Expungement
The Vegas Lawyers is a law firm that is committed to ensuring your criminal records get sealed. For most crimes, you don’t need to live with the stigma of a criminal record for the rest of your life. Which is why we come into the picture. We provide expungement and record sealing in Las Vegas, NV.
If you’ve been arrested for a DUI or any other crime in Las Vegas and you’re looking to get your criminal records sealed, the process can be long and tedious. Without an experienced criminal defense attorney to help you during this process, you significantly reduce your chances of getting your criminal records sealed.
What is Criminal Record Sealing?
Criminal record sealing is defined as a legal procedure in which a criminal record is concealed from public, private, or government agencies and persons. This means your arrest or conviction is deemed as never to have occurred, and you subsequently can deny it.
Ultimately, the authority is up to the district attorney’s office and a judge to sign off and approve your petition for record sealing.
Benefits of Sealing Your Criminal Record
You can lose certain privileges and rights when you’re convicted of a crime (e.g. right to vote, right to carry a firearm, right to hold certain jobs). Sealing your criminal record will get you on the path to restoring some of those rights and privileges which may have been affected by a criminal record.
The following are some of the benefits of pursuing record sealing:
- Offense is treated as if it never happened: For example, if you were arrested for a DUI in Las Vegas and are subjected to a background check for employment in the future, you have the right to respond “no” to any questions about your sealed criminal offenses, dismissals, and acquittals.
- Restoration of the right vote: Your civil right to vote will be restored if it was previously removed.
- Restoration of the right to serve as an elected public official: Your civil right to hold public office will be restored if it was previously removed.
- Restoration of the right to serve on a jury: Your civil right to serve on a jury will be restored if it was previously removed.
Can You Seal Your Criminal Record in Nevada?
In 2017, the state of Nevada passed legislation in favor of the “giving of second chances” to state offenders who show they are “rehabilitated.” However, if future legal proceedings arise, and it’s proven necessary, the state’s courts have the opportunity to re-access your records.
Sealing your record in Nevada involves a specific step-by-step process which you, along with your attorney, must adhere to. In addition, there are several requirements you need to meet before petitioning for record sealing, such as a waiting period.
Waiting Period for Record Sealing
Before you can petition a court for the sealing of records, there is an allotted waiting period. Essentially, the wait period in Nevada depends on the offense and ranges from 1 to 10+ years post-conviction, dismissal, or acquittal.
The following are charges and the waiting periods associated with them:
- Category A Felony (Violence, Residential Burglary): 10 years
- Category B, C, or D Felony (Grand Larceny, Involuntary Manslaughter): 5 years
- Category E Felony (Soliciting Child Prostitution, etc.): 2 years
- Enhanceable Misdemeanors (Non-felony DUIs, Domestic Battery): 7 years
- Gross Misdemeanors (Stalking, Harassment): 2 years
- Other Misdemeanors and Traffic Violations: 1 year
- Acquitted/Dismissed Charges: No wait
- Crimes Against Children, Felony DUIs, Sexual Offenses: Never
Juvenile Records in Nevada
Your juvenile criminal record should be automatically sealed when you reach the age of 21 in the state of Nevada. However, certain offenses may not be sealed if they would be categorized as a felony had you been an adult at the time of conviction. These offenses can be petitioned for sealing when you reach the age of 30.
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.
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 $27 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.
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
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.
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.
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 You Eligible for a Record Sealing?
The courts are permitted to seal your records only if you meet the requirements to prove eligibility. Depending on the type of offense you’ve committed, you may not be eligible to petition the courts for a record seal.
Requirements for Eligibility
In Nevada, there are several opportunities and offenses which make you eligible to seal your criminal records. Of course, to petition for a seal, you must go through the waiting period following your conviction, dismissal, or acquittal.
Eligibility is as follows:
- No active case or warrant against you in Nevada
- No crime against children, Felony DUIs, sexual offenses
- Case was dismissed or acquitted
- Proved rehabilitation
- Parole obligations completed
Exceptions from Record Sealing
Not all criminal convictions are subject to record sealing. In Nevada, there are several convictions or possible reasons in which a petition for record sealing may be denied.
These reasons are:
- Conviction for crimes against children, felony DUIs, or sexual offenses
- Statutory length of time since the case was closed has not been met
- There is an active case or warrant against you in Nevada
- Dishonorable discharge
- Repeat offender of serious offenses
- You did not list all arrest/convictions in your Petition
Criminal Record Sealing vs. Expungement
It’s important to note the difference between criminal record sealing and expunging a criminal record. Many people often confuse the two terms.
As previously stated above, sealing your criminal record is essentially blocking public, private, and government agencies/persons from viewing your criminal record. Unless granted access or reopened, it is publicly invisible.
Expunging a criminal record, on the other hand, is physically removing all records of offense from the system. This means you are granted the opportunity to “erase” any criminal history. In Nevada, expungement is not allowed, only sealing criminal records. However, other states do allow both record sealing and expungement.
Criminal Record Sealing In Las Vegas City Municipal Court, Henderson And North Las Vegas Justice Courts
The process for sealing a criminal record in Las Vegas City Municipal Court is different from the process required in the Clark County District Courts. With respect to the Las Vegas, Henderson and North Las Vegas municipal and justice courts, the sealing requires approval from the City Attorney’s Office for each jurisdiction. The process is straightforward but presents enough twists and turns that you’ll be well-advised to have an attorney help you through the process.
Contact The Vegas Lawyers Immediately to Begin Your Criminal Record Sealing
The Vegas Lawyers are here to help you begin the process of sealing your criminal records. Our team of passionate criminal defense attorneys will ensure you are granted the opportunity for better employment and life.
If you’ve been convicted of charges such as misdemeanor DUIs, category A, B, C, D, or E felonies, and other misdemeanors in the Las Vegas area, contact our office today. We know the laws, we know the facts, and we know how to represent you effectively and successfully.
Don’t delay restoring your privileges and rights, contact The Vegas Lawyers today! Or call us direct at (702) 707-7000.