Many people do not know that they are eligible to seal their record in the State of Nevada. Under NRS 179.245, after a prescribed period of time, criminal defendants are eligible to seal their record.
What does it mean to seal a record?
Sealing a record can mean slightly different things in different states. In Nevada, once your record is sealed, you can legally say the event (arrest or conviction) never happened. It is deleted from your official criminal record. The conviction will not show up on most private sector background checks and you are unlikely to face discrimination when applying for a job. In Nevada, we do not have a process to expunge records. The record will always exist, it is just invisible to most parties. The vast majority of casino jobs fall into the category where a sealed conviction is invisible.
Who cannot see a sealed record?
Private companies who run background checks, for the most part, will not be able to see a sealed record. It is hidden from certain levels of State law enforcement, as well.
Who can see a sealed record?
A sealed record can be viewed through an FBI background check, which is generally used by Federal government employers. If you apply for a job in Federal law enforcement, the military, or a Federal agency, a sealed record should be disclosed. Immigration can also consider a sealed record.
What rights are restored by a Nevada seal?
Once your criminal record is sealed, most of your rights are restored. If the record was a felony, you are no longer considered a felon. Your rights to vote, serve on a jury and hold public office are restored.
What rights are NOT restored by a Nevada seal?
Your gun rights can only be restored by a pardon from the Governor. That is a different procedure. A Nevada seal is unlikely to help immigrants stay in the US. Sealed records can be considered by a licensing body like the Nevada Gaming Control Board.
What are some other options?
You can petition for a new trial. You have certain rights to appeal and/or post-conviction relief. You can move to withdraw a plea bargain, or you could apply for a pardon from the Governor of Nevada.
If you are looking to clean up a past record, you should not wait. It can take a few months to get the final order to seal records. It is unlikely to save a job opportunity that is in front of you at that moment. But, it is a great opportunity to get out from under your past and start fresh.
I encourage everyone who is eligible, to seal their record. It is quite painless and cost effective. And, we can very quickly tell whether you qualify or not.
Do I qualify?
The following are the levels of Nevada crimes and the statutory period you have to wait, trouble free (excluding traffic), to seal your record. Also, your entire record needs to qualify. You cannot obtain a partial seal.
DUI and Battery Constituting Domestic violence misdemeanors – 7 years after case closes
Battery, harassment, stalking or violating a protective order – 2 years after case closes
All gross misdemeanors – 2 years after case closes
All other misdemeanors – 1 year after the case closes
Category E Felonies – 2 years after the cases closes (completion of prison or probation)
Non-violent D, C and B felonies – 5 years after the case closes
Crimes of violence, burglary of a residence and category A felonies – 10 years after cases closes
Charges that were denied – any time after the statute of limitations, 8 years after the arrest, or pursuant to stipulation with the District Attorney
Convictions that are no longer crimes – immediately (I.E. Possession of marijuana under an ounce).
Crimes against children – Never
Sex Crimes – Never
Felony DUI – Never
Call us for a free consultation. If you do not qualify, we can lay out the timeline for when you will qualify.