Record Sealing NRS 179.245

Nevada offers people who have certain criminal records the ability to seal their record from public view. This allows you to be able to deny it ever happened when asked and keep others from ever seeing your record in most cases. It also restores certain civil rights if these rights have not been previously restored.

Sealing vs. Expungement

Nevada does not expunge records, which is the  withdrawing of your guilty or no contest plea after completion of probation and entering a plea of not guilty. Nevada does allow for certain offenses to be sealed from public view. This means your court record, police record and state record will be sealed and you will be removed from their databases.  A record sealing may be more beneficial for employment purposes since your record will be hidden from the public.

To seal your record you or your attorney must submit a Petition to seal your record and an Order to the court of jurisdiction.  An attorney may help prepare the Petition and Order to ensure this is done properly the first time.  Our firm offers reasonable rates and payment plans.

Limitations

There are certain waiting periods one must follow in order to petition the court to seal their record. Furthermore, some offenses cannot be sealed, such as felony DUIs and sex offenses. Most offenses are sealable so long as you stay out of trouble and meet the time period.

Typical Waiting Requirements

  • Category A and B felony – 15 years
  • Category C and D felony – 12 years
  • Category E felony – 7 years
  • Gross misdemeanor – 5 years
  • Misdemeanor – 2 years
  • Misdemeanor DUI – 7 years
  • Misdemeanor domestic violence 7 years

October 1, 2017 Changes to Record Sealing Law

Dishonorable Discharge

If you received a dishonorable discharge on a criminal case, you may now petition the court to seal your record. Nevada Assembly Bill 327 passed during the 79th legislative session specifically allowing this. Prior to this bill, prosecutors would no stipulate to sealing a charge that received a dishonorable discharge and judges would not sign the order. Now you may petition to seal cases that ended in a dishonorable discharge and meet the required waiting periods.

Waiting Periods

Nevada’s Senate Bill 125 and Assembly Bill 327 will reduce waiting times for the majority of convictions. There are certain waiting periods one must follow in order to petition the court to seal their record. Furthermore, some offenses cannot be sealed, such as felony DUIs and sex offenses.

Most offenses are sealable so long as you stay out of trouble and meet the required time period.

New Waiting Requirements

Category A felony, crime of violence or burglary of residence – 10 years from date of release from actual custody or discharge from parole or probation, whichever occurs later;

Category B, C, D felony – 5 years from date of release from actual custody or discharge from parole or probation, whichever occurs later;

Category E felony – 2 years from date of release from actual custody or discharge from parole or probation, whichever occurs later;

Gross Misdemeanor – 2 years from date of release from actual custody or discharge from parole or probation, whichever occurs later;

Misdemeanor battery, harassment, stalking or a misdemeanor violation of a temporary or extended order for protection against harassment or stalking – 2 years from date of release from actual custody or discharge from parole or probation, whichever occurs later;

Misdemeanor – 1 year from date of release from actual custody or discharge from parole or probation, whichever occurs later;

Misdemeanor DUI – 7 years from date of release from actual custody or discharge from parole or probation, whichever occurs later;

Misdemeanor domestic violence – 7 years from date of release from actual custody or discharge from parole or probation, whichever occurs later.

Sealing your record can be tedious and time consuming. Our firm offers reasonable rates and payment plans to help you seal your record.

If you are eligible to seal your record take advantage of this and contact our firm today. If you are unsure call us, we offer free consultations.  Our firm offers payment plans and affordable rates to help ensure you take advantage of sealing your record.  Call today at 702-895-9111.

This is for informative purposes only. This does not create an attorney-client relationship. Always seeks legal counsel.

What if the D.A. Will Not Stipulate to Sealing My Record?

What if the D.A. Will Not Stipulate to Sealing My Record?

If the DA does not stipulate to sealing your record, then the only option is to file a motion to place the Petition to Seal Record on calendar in the court of jurisdiction. This can be done under NRS 179.255. However, this is the judge’s discretion and not a guarantee to sealing your record.

The Nevada Supreme Court issued an opinion on what would be an abuse of discretion in sealing someone’s record in State v. Cavaricci. Your attorney can outline specific facts in the Petition and make an oral argument at the hearing in order to persuade the judge to grant your Order to Seal.

This is why it is important to hire an attorney to give you guidance and represent you in court.

Contact our firm today for a free consultation by calling 702-895-9111.

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