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We have put together a list of answers to all of the most commonly asked questions that we receive regarding record sealing in Nevada. You will find answers to the questions we are most frequently asked. If you would like to have your record sealed, please go to our Nevada record sealing page. If your question is related to eligibility requirements you can take the free online record sealing eligibility test.
Yes, we can help you find out what is on your record and determine which services under Nevada law you are eligible for. We charge a small fee for this service, but if you decide to sign up for a record sealing or other service with our firm, we will apply the research fee to the cost of that service.
If your case is in Clark County, the District Attorney requires that all your eligible cases in Clark County be sealed at the same time. There are additional fees for each case to be sealed, but only one filing fee will be required.
If you are wishing to seal an arrest, then the number of your arrests does not matter; the court will simply determine if the particular arrest you want to seal is eligible to be sealed.
If, however, you are wishing to seal a conviction and you were convicted of a new offense within the waiting period after that first conviction then the waiting period restarts. For instance, if the waiting period for your first offense is 5 years and you were convicted of a second offense during those five years, then the five year waiting period starts over and you must wait the five years since completion of probation or parole on the second offense. Determining your eligibility can be quite complicated; our attorneys can help you figure out whether you are eligible if you have multiple convictions.
You must wait 4 years from completion of the program of reentry before you are eligible. However, a professional licensing board is entitled, for the purposes of determining suitability for a license, to inspect and copy the sealed records.
NRS 179.259
Unfortunately, there does not appear to be any law in Nevada at this time that would allow you to reduce a felony down to a misdemeanor or another lower offense.
Yes. A dismissed case that has not been sealed will show in your criminal history. Unless you receive a sealing, the public will continue to know about the arrest or charge even if you were not convicted. NRS 179.255
Cases can be denied for a variety of reasons, including: (1) an inaccuracy in the court file or the petition, (2) the court does not believe that sealing your record is in the interest of society, (3) you violated your probation, (4) you have not paid all fines, or (5) you or the offense is otherwise not eligible for sealing.
Yes. Nevada sealing is for both arrests and convictions.
NRS 179.245 and 179.255
Typically you will not need to appear in court for your record sealing; we will have a licensed attorney represent you at the hearing. If the judge requests your presence and you are unable to make it, then we will file a motion to request that your attendance be excused.
Typically, the case takes five to six months (cases out of Clark County are taking six to nine months) because the court gives the government an opportunity to respond and must hold a hearing on your petition. The length of your case will also depend on the facts of your specific case and situation in addition to the caseload of the court at the time of filing.
The courts work on cases in the order in which they were received, but we will do what we can to get your petition filed as quickly as possible. If you are having difficulties finding a job or keeping your current job, we will be happy to provide you a letter for your employer or potential employer letting them know we are in the process of having your case sealed.
You can legally deny that your arrest and/or conviction ever existed. The law will treat the incident as though it never occurred. The records will be tightly sealed and not released to the general public. Only certain state agencies will have access to the records under very limited circumstances.
NRS 179.285 and 179.301
At that time, we would evaluate the reason for the denial and the best way to proceed. You must wait two years to refile from the date of the original denial and a person cannot file for sealing more than two times.
NRS 179.265
The State Gaming Control Board and Nevada Gaming Commission (only if conviction relates to gaming or to determine if suitable to hold state gaming license), a prosecuting attorney in limited circumstances, or the Central Repository for Nevada Records of Criminal History if relates to sexual offenses.
NRS 179.259; 179.301
Future courts and prosecutors will generally have access to your sealed records and can consider the sealed record. NRS 179.295 and 179.301
Once an arrest or conviction has been sealed, you can deny the arrest or conviction as though the infraction never occurred, without exception.
NRS 179.285
Yes. The order will only require the government agency to seal the records so that the general public cannot access them; it does not require them to physically destroy the records. As stated above, under limited circumstances, the records can be unsealed.
NRS 179.245, 179.255, 179.295, and 179.301
No. Most sex crimes and crimes involving a child are not eligible for sealing anyway. Therefore, getting a sealing for a non-registrable offense will not have any effect on your registration requirements.
NRS 179.245
Yes, your voting rights are restored once the court seals your case. NRS 179.285
Additionally, pursuant to NRS 176A.850, a person who is sentenced to probation has their right to vote and right to sit on a jury in a civil action restored when their probation is honorably discharged. The right to sit on a jury in a criminal action is restored 6 years after the date of honorable discharge. The right to seek public office is restored 4 years after honorable discharge.
To find out if your criminal case effects your immigration case and if getting your record sealed would be beneficial, you should contact a qualified immigration attorney. Our in-house immigration attorney can be reached at 714-617-8395.
No. The only way to restore your gun rights in Nevada is by getting a pardon from the Nevada Board of Pardons Commissioner.
NRS 202.360(1)(a); 213.090
In Nevada, you may serve on a jury if you: 1) are a United States citizen, 2) are a resident of the county for which you receive summons, 3) are not convicted of a felony, unless you have had your rights restored, 4) understand the English language.
Pursuant to NRS 176A.850, a person who is sentenced to probation has their right to vote and right to sit on a jury in a civil action is restored when their probation is honorably discharged. The right to sit on a jury in a criminal action is restored 6 years after the date of honorable discharge. The right to seek public office is restored 4 years after honorable discharge.
http://www.clarkcountycourts.us/ejdc/juror-information/#Qualifications http://www.doc.nv.gov/?q=node/77
Yes. Not only can you deny the arrest or conviction as though the infraction never occurred, but a state licensing agency would not be able to find out about the incident. The only exceptions are if you get your records sealed after completing a court or correctional “reentry” program, in which case a professional licensing board would have access to the records, and if your case related to gaming, then the State Gaming Control Board and Nevada Gaming Commission can take your arrest or conviction into consideration when determining suitability or qualifications.
NRS 179.285 and 179.301
If you have had a “Breach of Trust” or "Dishonesty" conviction (including sealed convictions), then Section 19 of the Federal Deposit Insurance Act allows banks and other financial institutions to bar you from jobs that you are otherwise qualified for.
If you were denied a position or were terminated because of such an offense, you may be able to apply for a waiver from the FDIC. It is important to speak with an attorney about your specific circumstances to see if you would qualify for such a waiver, which may allow you to obtain a job in the banking industry.
No. Criminal records that have been ordered sealed by a court may not be open to the general public and can only be accessed by certain state agencies/actors under limited circumstances. Private employers and agencies will not have access to sealed records. Once sealed, you can deny the arrest or conviction as though it never existed. Likewise, the law will treat your conviction as though there was never any occurred.
N.R.S. 179.245, 179.255, and 179.285
The court will issue a written order, which directs all agencies that have records of the offense to act according to the order and seal the record.
NRS 179.275
This just depends on the particular agency. The court updates the records shortly after the judge signs the order. The court then sends the order to the state repository and the other agencies that have the records. Currently, the NV DPS is on a 4-6 month backlog, which means it will take at least that long fort he FBI to receive notice.
Yes. There is nothing in the sealing laws that exempt the driver’s license division from complying with a court order sealing an offense.
NRS 179.245, 179.255, and 179.275
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