A criminal record can severely affect your quality of life, making it difficult to get a job, to rent or buy a home, to get a loan, serve on a jury, vote, hold office, and more. Expungement or record sealing helps give you a second chance at a good quality of life.
What Are Expungement And Record Sealing?
Sealing and expungement of criminal records are often mistaken for the same thing, but they are different. When records are sealed, they are hidden from the public as though they do not exist, but they are not actually destroyed. When records are expunged, they are completely destroyed.
In some cases, such as if you commit a similar offense or there is newly discovered evidence in your case, your records can still be accessed. The State Gaming Control Board and the Nevada Gaming Commission may inquire and inspect your sealed records if you apply for a state gaming license or work in the gaming industry.
Are You Eligible To Have Your Record Sealed?
If you've been convicted of a crime, you may be eligible to have the record sealed if you meet certain requirements. Your charges may not be currently pending. Your case must either have been dismissed or you were acquitted. You cannot have been convicted of another crime while waiting for record sealing on a previous crime. You must have completed probation or other sentence requirements, such as community service or awareness classes.
Record sealing is not available for serious felonies. Nevada does not allow sealing for sexual offenses against children, murder, false imprisonment, pandering, prostitution or kidnapping. You cannot have your record sealed if your offense involved gun violence.
What Do You Need For Record Sealing?
You must complete and file a petition to have your record sealed. The form requires that you provide both personal and case details. Filing fees apply and they are non-refundable regardless of the disposition of your petition.
If you do not have access to the necessary information, or if you cannot recall the details, the court in the county where you were charged can give you a copy of your report. If your petition is granted, your criminal records will be sealed. If your petition is denied, you may file again after two years. Petitioning is limited to two rehearings.
Distribution Of Order Sealed Records
In Nevada, the court enters an order to seal your records when it grants your petition. The order is then sent to the Central Repository for Nevada Records of Criminal History. Additionally, each person and agency named in the order will get a copy and respond to the court with his or her compliance with the sealing.
Help From a Nevada Expungement Attorney
While it is possible to try to have your record sealed on your own, an attorney in Nevada can help ensure that the process is completed properly and that your records are successfully closed.