Sealing Criminal Records in Nevada
Haunted by an Old Conviction? Contact a Las Vegas Criminal Defense Lawyer
Being convicted of a crime can continue to negatively affect a person’s life long after they have served their sentence. Even a relatively minor past misdemeanor offense can have an immensely detrimental impact on a person’s ability to find a job, apply for a loan, or even find suitable housing. Under certain circumstances, however, individuals in Nevada with criminal convictions may seek to have their criminal records sealed from public view and free themselves from the shadow of their past. If you have a past criminal record that is holding you back, a knowledgeable Las Vegas criminal defense attorney from the Law Office of David R. Fischer may be able to help you seal it and move forward with your life.
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Requirements for Sealing a Criminal Record in Nevada
Criminal records are public knowledge and are available to anyone who wishes to view them. If the courts order that your record be sealed, however, it is removed from government databases and is no longer accessible to members of the general public. This can be greatly beneficial as your criminal history will no longer show up in background checks and spare you from discrimination. You will be able to truthfully state that you have never been convicted of a crime on job and loan applications, even if you are under oath. Record sealing is only available to individuals who meet certain requirements.
You may be able to have your record sealed if:
- You have completed your probation
- You have satisfied all court requirements, including classes and fines
- You have waited the necessary waiting period
If you have met all of the above requirements and are not currently facing any sort of criminal actions, you may be able to have your record sealed. It is important to note, however, that the courts have no obligation to seal your record and your petition may still be denied. An attorney from our firm can fight to seal your record and maximize your chances of securing a favorable result.
Who Cannot Have Their Record Sealed?
Record sealing is not available to everyone. You must satisfy a mandatory waiting period from the time your case is closed before you may petition to have your record sealed. This waiting period will vary depending on the nature of your past conviction.
Additionally, If you have been convicted of specific types of sex crime, a felony DUI, or specific types of crime against a child, you will not be eligible to have your record sealed. In addition,
What qualifies as a sex crime that cannot be sealed?
- Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
- Sexual assault pursuant to NRS 200.366.
- Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.
- Battery with intent to commit sexual assault pursuant to NRS 200.400.
- An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.
- An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.
- Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
- An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
- Incest pursuant to NRS 201.180.
- Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.
- Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.
- Lewdness with a child pursuant to NRS 201.230.
- Sexual penetration of a dead human body pursuant to NRS 201.450.
- Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.
- An attempt to commit an offense listed in this paragraph.
Other minor offenses such as as solicitation of prostitution or indecent exposure can usually be sealed.
What qualifies as a crime against a child (under 18 year old) that cannot be sealed?
- Kidnapping
- False imprisonment
- Sex trafficking
- Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
Other minor offenses (misdemeanor and/or gross misdemeanor) involving a child can usually be sealed.
Waiting periods are as follows:
- Misdemeanor DUI and domestic violence: 7 years
- Misdemeanor battery and harassment: 2 years
- Gross misdemeanors: 2 years
- Other misdemeanors: 1 year
- Category E felonies: 2 years
- Category B, C or D felonies: 5 years
- Category A felonies: 10 years
High-Powered Advocacy for the Accused
At the Law Office of David R. Fischer, our highly-trained Las Vegas criminal defense lawyers understand your struggle and are prepared to do whatever is necessary to help you move on with your life. If you need to have your criminal record sealed, we can help you complete all the necessary complex legal paperwork and advocate for a favorable outcome on your behalf. We believe that everyone deserves a second chance in life, and we are committed to doing everything within our power to ensure your well-being is protected. No longer will a past mistake threaten your chances of renting an apartment or getting a job – let us help you pursue a new future!
Schedule a no-cost consultation online today to find out if you are eligible to have your record sealed.