Process to Get Your Record Sealed in Nevada: What to Know
In the 21st century, having a criminal record can negatively impact everything from job opportunities to housing options. The good news is that if your criminal history is from Nevada, you may be eligible to have your records sealed. This blog will discuss the process to get a record sealed.
What Does It Mean to “Seal” a Criminal Record in Nevada?
A common misconception is that “sealing” a criminal record results in the complete destruction and erasure of the record. “Sealing” a record, however, does not completely erase the record. Instead, a “sealed” record is physically removed from the record system, making it unavailable to the general public. Consequently, a prospective employer or landlord will not see the record if they conduct a criminal background check. The record does remain accessible, however, to employees of the Repository for record management purposes, a party or agency for an authorized search as provided for in the Nevada Revised Statutes, or a party authorized pursuant to a court order.
Who Is Eligible to Have a Criminal Record Sealed in Nevada?
Fortunately, for anyone wishing to seal the record of a criminal conviction, the State of Nevada allows most records to be sealed if the relevant waiting period has expired. 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. The waiting periods are as follows:
· Category A felony, felony crimes of violence, and residential burglary: 10 years
· Battery domestic violence and misdemeanor DUI: 7 years
· Category B, C, or D felony: 5 years
· Category E felonies, gross misdemeanors, misdemeanor battery, harassment, stalking, or violation of a protection order: 2 years
Certain offenses are never eligible for record sealing, including sex crimes, crimes against children, invasion of the home with a deadly weapon pursuant to NRS 205.067 (home invasion), and felony DUI.
How Do I Get My Record Sealed in Nevada?
Although there are state-level requirements for eligibility to have a criminal record sealed, each county implements its own procedures for petitioning to have a record sealed. In Clark County (Las Vegas), the typical steps required in the process to get your criminal record sealed include:
1. Obtain a SCOPE Report: A Shared Computer Operations for Protection and Enforcement (SCOPE) report serves as a verified copy of your criminal history from the law enforcement agency that arrested you. If you were arrested by Las Vegas Metropolitan Police Department (LVMPD), contact them at (702) 828-3475 to obtain a report. If your record is from another jurisdiction, you must contact that law enforcement agency directly to obtain a SCOPE report.
2. Obtain Judgement of Conviction and Discharge: For each criminal conviction, you also need a copy of the “Judgment of Conviction and Discharge” showing when the case was “closed” to determine when the applicable waiting period began. In Las Vegas, this can be secured from the District Court Clerk at 200 Lewis Avenue, Las Vegas, Nevada 89155.
3. Find Your Court: Information contained in the SCOPE report(s) will tell you in which court(s) you need to file your petition. If all records are from a single Justice Court (such as Henderson Justice Court), you can file your petition directly with that court. If you have records in multiple jurisdictions, you will need to file with the District Court.
4. Prepare Your Documents: You must file a Petition, Affidavit, and proposed Order with the appropriate Court. The Petition must include:
· All your arrests
· The police agency or agencies that arrested you
· The date of the arrest(s)
· The criminal charge(s)
· The final disposition of each arrest (conviction, acquittal, or dismissal).
· All the agencies that have copies of your criminal record
5. Send Documents to District Attorney’s Office: All documents must be delivered to the Clark County District Attorney’s Office. The goal is to get the D.A.’s office to stipulate to the sealing of the record(s) by signing the Order. You will be notified by telephone or mail when the Petition and Order are ready to be picked up.
6. Deliver Documents to Court: Once you have the signed Order to seal the record(s), you must take all the documents to the appropriate Court. The judge will review the documents and (typically) sign off since the D.A. has already done so.
7. Distribute Copies: It is your responsibility to distribute signed copies of the Order to all law enforcement agencies that have a criminal record for you. The agency is then required to remove (seal) the record in their database.
What Should I Do If I Have Questions About the Process to Get a Record Sealed in Las Vegas?
If you have additional questions about the process of getting a record sealed in Las Vegas, consult with the experienced criminal defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.