If you have a past arrest or conviction in Nevada, it can create significant barriers to employment, housing, and other opportunities. Fortunately, Nevada law allows eligible individuals to seal their criminal records, effectively making them invisible to most background checks. If you are looking for a fresh start, working with a Las Vegas criminal lawyer can help ensure your record sealing process is handled correctly.
This guide will explain the process of sealing a criminal record in Nevada, eligibility requirements, and how an attorney can help you navigate the process efficiently.
What Does it Mean to Seal a Criminal Record in Nevada?
Sealing a criminal record means that it is no longer accessible to the general public, employers, or most government agencies. Under NRS 179.245, once a record is sealed, it is treated as though the arrest or conviction never occurred.
This is different from expungement, which completely destroys a record. Nevada does not offer expungement, but sealing a record provides many of the same benefits, including:
- The ability to legally deny the arrest or conviction in most cases
- Protection from most background checks by employers and landlords
- Restoring rights that may have been lost due to a conviction (such as firearm rights, in some cases)
However, certain agencies, such as law enforcement and some government bodies, may still access sealed records under specific circumstances.
Who is Eligible to Have Their Record Sealed?
Not every record can be sealed. Nevada law outlines different waiting periods before a record becomes eligible for sealing, depending on the type of crime.
Records That Can Be Sealed Immediately
If you were arrested but never charged, or if charges were dismissed or resulted in acquittal, you can petition for record sealing immediately under NRS 179.255.
Waiting Periods for Sealing Convictions
The waiting period starts after the completion of your sentence, including parole or probation:
- Category A Felonies & Burglary (Category B Felony) – 10 years
- Category B, C, or D Felonies – 5 years
- Category E Felonies – 2 years
- Gross Misdemeanors – 2 years
- Misdemeanors (most cases) – 1 year
- Misdemeanor Domestic Violence or DUI Convictions – 7 years
Some serious crimes cannot be sealed, such as sexual offenses against minors, felony DUI, and certain violent crimes (NRS 179.245).
A Las Vegas criminal lawyer can review your case to determine whether you meet eligibility requirements and advise on the best course of action.
Steps to Sealing a Criminal Record in Nevada
1. Obtain a Copy of Your Criminal History
The first step is to get a copy of your criminal record from the Nevada Department of Public Safety or local law enforcement. This will show all arrests, charges, and convictions.
2. Determine Eligibility and Gather Documentation
You (or your attorney) will review the record to confirm eligibility and collect necessary documents, including:
- Case disposition documents
- Proof of sentence completion
- Any applicable court orders
3. File a Petition for Record Sealing
Next, a petition must be filed in the court where the case was handled. The petition should include:
- A formal request to seal the record
- Supporting evidence of eligibility
- Affidavits and relevant legal documents
This step is crucial, as errors or missing information can delay or deny the request. Working with a Las Vegas criminal lawyer ensures your petition is filed correctly.
4. Prosecutor Review and Court Hearing
Once filed, the District Attorney’s office reviews the petition. If they object, a hearing may be required where the judge will decide if sealing is appropriate.
If there are no objections, the judge will approve the request and issue an order to seal the record.
5. Send the Order to Relevant Agencies
After the judge grants the petition, copies of the sealing order must be sent to agencies that hold your records, including police departments, courts, and the Nevada Criminal History Repository.
Once all agencies comply, your record is officially sealed and no longer appears on background checks.
Why Hire a Las Vegas Criminal Lawyer for Record Sealing?
While it is possible to file for record sealing on your own, the process involves complex legal requirements, strict deadlines, and procedural rules. Hiring an experienced Las Vegas criminal lawyer can make the process smoother and increase your chances of success.
An attorney can help by:
- Determining eligibility and avoiding mistakes that could delay approval
- Preparing a compelling petition to persuade the judge to grant sealing
- Handling prosecutor objections and representing you in court, if needed
- Ensuring agencies properly seal records so they do not appear on background checks
Start Your Record Sealing Process Today
Sealing your Nevada criminal record can give you a fresh start by removing past arrests or convictions from public view. However, the process requires careful legal navigation. At Baker Law Group, we help individuals in Las Vegas seal their criminal records efficiently and effectively.
If you believe you may be eligible, don’t wait—contact our office today for a consultation. Our experienced Las Vegas criminal lawyers will guide you through every step of the process to ensure the best possible outcome.
