Criminal Record Sealing/Expungement

Effect of having your record sealed

If you have a Nevada criminal record, you may be able to “seal” your record.  The legal effect of having your record sealed means that all proceedings in your record are treated as if they never occurred.  Further, you are legally entitled on any job application to state that you do not have a criminal record, including that you have never been arrested.  Further, your civil rights to vote, hold office, and serve on a jury are restored.

Waiting Period

In order to seal your Nevada record, you must wait the following amount of time:  

  • For a category A or B felony, you must wait 15 years from the date you are released from custody or discharged from parole or probation, whichever is the later date;
  • For a category C or D felony, you must wait 12 years from the date you are released from custody or discharged from parole or probation, whichever is the later date;
  • For a category E felony, you must wait 7 years from the date you are released from custody or discharge from parole or probation, whichever is the later date;
  • For any gross misdemeanor, you must wait 7 years from the date you are released from custody or discharged from probation, whichever is the later date;
  • For most misdemeanors, you must wait 2 years from the date you are released from custody or from the date when your suspended sentence ends, whichever is the later date;
  • For misdemeanor DUI and battery constituting domestic violence, you must wait 7 years from the date you are released from custody or from the date when your suspended sentence ends, whichever is the later date;

You may not seal a record for a conviction for a crime against a child or a sexual offense (however you may attempt to seek a pardon).

Once you have waited the correct amount of time, you will need to file a petition with the court with a copy of your current verified criminal history record.  It is within the court’s discretion to grant or deny the application.

Who can access information in a sealed record?

The State Gaming Control Board and the Nevada Gaming Commission may inquire into the record if the conviction was related to gaming in order to determine if you are suitable and/or qualified to hold a gaming license.  In some instances, a prosecuting attorney can ask about and view the record.  Further, a law enforcement officer may inquire about the sealed record in the normal course of his duties.

Call us now if you have additional questions related to clearing your criminal record.

 







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