Thinking of sealing your criminal record in Nevada? Record sealing can be a beneficial process for those who have been convicted of a crime and who wish to protect their criminal records from being viewed by most non-governmental agencies. The process can be burdensome for the average person, so most choose to use an experienced Nevada attorney to assist with the record sealing process.
Expungement vs. Criminal Record Sealing
Expungement is the process of having criminal convictions, charges or investigations completely removed from your record, as if they had never happened. Unfortunately, since expungement is not available in Nevada, our focus lies on criminal record sealing. Record sealing makes past convictions inaccessible to the general public without a court order. Effectively, most people conducting background checks are unlikely to access such records. Note that some organizations like the FBI may also still be able to access these records, so consider consulting who can and cannot see your files with a Nevada criminal attorney.
Find out If Your Cases Are Eligible for Sealing
Because record sealing is so advantageous, Nevada courts are frequently inundated with record sealing requests. Therefore, the process of having your records sealed will be lengthy and require many bureaucratic maneuvers before it can be completed. Only certain criminal charges are eligible for record sealing. To qualify, the individual’s sentence must have been completely carried out, including all probation time and community service. After this sentence is fully completed, a period of waiting time equivalent to the crime’s statute of limitations must pass, starting on the day that the last element of the sentence was satisfied.
Additionally, some crimes are completely ineligible for record sealing. These include:
- Crimes perpetrated against children
- Some domestic violence charges
- Sexual offenses
- Vehicular homicide while under the influence of drugs or alcohol
- Crimes for which you received a dishonorable discharge from probation
Additionally, you must apply for record sealing within each respective jurisdiction under which your conviction was made. A further important point to note is that Nevada state policy does not allow for partial record sealing; ALL crimes and charges must be listed on your sealing request.
Obtain Criminal History Reports and Submit Record Sealing Forms
Once you have established that your criminal cases are eligible, you must obtain a copy of your complete criminal records from both the Nevada Criminal History Central Repository and the respective police department under which your cases were filed, such as the Las Vegas Metro Police Department or the Henderson Police Department.
Then, you must submit the following forms:
- Original Signed Petition and 1 copy for DA’s office
- Original Signed Order and 1 copy for DA’s office
- Original Signed Affidavit and 1 copy
- 1 copy of local law enforcement agency SCOPE (you keep the original)
- 1 copy of your Criminal History Report (you keep the original)
- A 9” x 12” self-addressed envelope with a minimum of $2 postage
Mail all of these items to the Office of the District Attorney or their Record Sealing Coordinator in a paid 9” x 12” UNPADDED mailer with at least $2 postage.
Receiving Approval and Arranging a Rehearing
If your attempt was successful, the District Attorney’s Office will mail back all of your corresponding documents while keeping the ones they need. You may then submit the approved documents to the court clerk for filing. And to complete the process, the signed Order will be sent to the agencies requested to seal your records from those agencies.
If unsuccessful, Nevada allows for up to two re-hearings where you can submit your Order, Petition, and Affidavit while attempting to correct their reasons for denial.
You can review this helpful guide to record sealing in Nevada for more information or advice, but the process has the reputation of being time-consuming and confusing. You might want to consider getting the help of a Nevada record-sealing attorney to assist you throughout the process. Contact Connor & Connor Attorneys at Law for help and information regarding record sealing today.