Sealing of Nevada Records
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The state of Nevada does not have a statute for expunging criminal convictions. As a result, only a few people are eligible to have their records sealed. This means that the state of Nevada does not have expungement; however, Nevada jurisdiction does provide record sealing instead. In other states, expungement is the legal erasure of the record and all evidence of the offense, allowing the individual to claim that the offense never occurred. Access to public reason and law enforcement services is also barred by expungement. The process of sealing records is not very extensive. Sealed records only deny access to specific individuals while allowing law enforcement and government agencies access. Individuals discharged honorably under NRS 176A.850 may have their criminal records sealed. All convictions can be used in future convictions, license and permit applications, impeachment proceedings, and applications for public employment in these circumstances.
Nevada Misdemeanor Expungement
Nevada has a process similar to misdemeanor expungement, which allows individuals to have certain misdemeanor convictions removed from their criminal record. The process is governed by Nevada Revised Statutes (NRS) Chapter 179.245 to 179.295.
Under Nevada law, a person may be eligible for sealing misdemeanor records if they meet specific requirements, such as completing their sentence, paying all fines and restitution, and waiting for a certain period of time, depending on the type of offense. The waiting periods range from one to seven years, depending on the offense.
Not all misdemeanor convictions are eligible for expungement in Nevada, and certain offenses, such as DUIs and domestic violence convictions, are not eligible. Additionally, there are certain circumstances where expungement may not be granted, such as if the person has subsequent convictions or pending criminal charges.
It’s advisable to consult with an experienced attorney in Nevada to determine if you are eligible for misdemeanor expungement and to assist with the expungement process.
Nevada Felony Expungement
Nevada does not have a process for felony expungement. This means that a person convicted of a felony offense in Nevada cannot have that conviction completely removed from their criminal record. However, Nevada does have a process for sealing certain felony convictions, which can limit the accessibility of the conviction to the public.
Under Nevada law, a person may be eligible to have a felony conviction sealed if they have completed their sentence, paid all fines and restitution, and waited for a certain period of time after the completion of their sentence. The waiting period varies depending on the nature of the offense, ranging from two to fifteen years.
Not all felony convictions are eligible for sealing, and certain serious offenses, such as murder and sexual offenses are generally not eligible. Additionally, sealing a felony conviction does not completely erase it from a person’s record, and it may still be accessible to certain government agencies and employers.
It’s advisable to consult with an experienced attorney in Nevada to determine if you are eligible for felony sealing and to assist with the sealing process.
Eligibility for Record Sealing
Those convicted of crimes are eligible for record sealing after certain time periods. These periods are determined by the gravity of the offense and can last several years. If a person has not been charged with a crime or is awaiting conviction, he or she must wait until the court specifies when the application is permitted. Minor infractions cannot be sealed. According to Nevada Law 179.259, those who have completed reentry programs can have their records sealed. All those arrested but later had their charges dropped or acquitted may have their records sealed.
After the age of twenty-one, juveniles are eligible for sealing. Juvenile delinquents who would have been charged as adults with a felony offense may not petition for record sealing until age thirty rather than twenty-one. Sexual assault, threatening by force or violence, battery with the intent to commit sexual assault, and lewdness involving a child are among the felonies. Except for traffic violations, sealing is only possible for these individuals if no further charges exist after age twenty-one.
The Record Sealing Method
With a few exceptions, most juvenile offenses in Nevada are automatically sealed when an individual reaches the age of twenty-one. In adult cases involving sexual assault, these include delinquency for an act that would otherwise be charged as a felony, battery with the intent to commit sexual assault, threatening by force or violence, and lewdness involving a child. To have juvenile records automatically expunged, the individual must have no adjudicated records.
Individuals eligible for record sealing in adult cases must petition the court where the case was handled and where the records are kept. All Section 179.245 petitions must include current criminal history records, the Central Repository for Nevada Records of Criminal History, and the name of the local law enforcement agency in the city or county where the conviction occurred. Even if the individual is eligible, the court has the authority to deny the petition.
