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Nevada Conviction Record Sealing Frequently Asked Questions Nevada Flag

You Are Here: Home → Nevada → Conviction Record Sealing → FAQ

Will it still show up on my background check?

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 it as though it never occurred.

Can anyone view the sealed records?

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.

Can it still be used against me for a future conviction?

Future courts and prosecutors will generally have no access to your sealed records. The only instance in which a prosecutor may be able to have access to sealed records is when the sealed records relate to a violation or alleged violation of NRS 202.575 (leaving a child unattended in a motor vehicle) and the person who had the records sealed has been arrested or issued a citation for violating NRS 202.575.

Do I have to disclose it ever?

Once an arrest or conviction has been sealed, you can deny it as though it never existed, without exception.

Can I become a schoolteacher, nurse, or other occupation?

Yes. Not only can you deny the arrest or conviction as though it 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 it into consideration when determining suitability or qualifications.

Do I need to hire an attorney or can I do it myself?

You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay (2) handle objections from the district attorney (3) send an attorney to court to argue the case if need be and (4) write letters to potential employers letting them know that the case has been reopened and will soon have the case off of your record.

Do I have to go to court?

No, we go for you. If the court requests your presence and you are unable to make it then we will request for your presence to be excused.

How long does the process take?

Typically, the case takes four to six months because the court has to give the government an opportunity to respond, and must hold a hearing on your petition. The length of each petition varies based on the circumstances of each case and each individual, as well as the caseload of the court at the time.

Can it be done faster?

The courts work on a first come, first serve basis. Therefore, the sooner you sign up, the sooner it is heard and decided. If it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having it sealed.

Does it matter if I pled guilty or no contest?

No, it does not matter. If you have an arrest or conviction that is eligible for sealing, it does not matter whether you pleaded guilty/no contest or were convicted after a trial.

What are the details of the guarantee?

If we are unable to succeed on your case, we have a money-back guarantee for certain services. Please view the pricing for details regarding the money back guarantee.

Do you have payment plans?

We can create a payment plan that meets your needs. Please view the pricing for details regarding the payment plans.

What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.

What if I have multiple cases?

If you are wishing to seal an arrest, then it does not matter how many other arrests you have; the court will simply determine if the particular arrest you want to seal is eligible to be sealed. However, if you are wishing to seal a conviction, you are NOT eligible to seal that conviction if you receive another conviction within a certain time frame after that first conviction. Whether or not a later conviction would prevent you from sealing the earlier conviction depends on what the earlier conviction was. This can be quite complicated; our attorneys can help you figure out whether you are eligible if you have multiple convictions.

What if I complete a program for reentry?

You must wait 5 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.

If I was convicted of a felony, can I have it reduced?

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.

What happens after my conviction is sealed?

You can legally deny that your 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.

If I have the records sealed, does the government keep anything?

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.

If my case was dismissed is it on my criminal history record?

Yes. Your criminal history will state that you were charged with a crime and the charge was dismissed. Thus, unless you receive a sealing, the public will continue to know about the arrest or charge even if you were not convicted.

How do the agencies know if my sealing petition is granted?

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.

How long does it take for the records to be updated?

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 and they typically comply within 30 days.

What is the main reason for my request to seal records to be denied?

If it is denied, it is usually because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe it will be in the interest of society to grant you a sealing, (4) you violated your probation, (5) you have not paid all fines, or (6) you or the offense is otherwise not eligible for sealing.

What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we do not believe that refiling would be successful or we recommend the person wait longer to refile, then there is a money back guarantee for certain services. 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.

Will it relieve me of the requirement to register?

No. This is because 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.

Can I seal the record if I was convicted?

Yes. Nevada sealing is for both arrests and convictions.

Will sealing clean up my DMV record?

Yes. There is nothing in the sealing laws that exempt the driver’s license division from complying with a court order sealing an offense.

Can I visit Canada after this?

If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you are prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so whatever the Canadian government will have whatever information the United States has. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. Even though customs may still see the case, the benefit of sealing will show the Canadian government that the matter was resolved and no longer considered a conviction and improve the odds of not being denied entry to Canada or being stuck at the border for lengthy interrogation.

Can I get a Sentri pass?

The Border Patrol has discretion in granting or denying Sentri passes. So the only thing we can say for sure is that it would help; so it would be wise to invest in record clearing before applying for a pass. A modest investment in expungement could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.

Can I vote after this?

Yes. Your voting rights are immediately restored once a court grants you a sealing.

Will it help with immigration?

It can still be viewed and considered by immigration authorities. You should always disclose convictions to immigration, whether or not they have been sealed or expunged. However, the fact that you have made the effort and have been granted a sealing may appear better and increase your chances during immigration proceedings.

Can I clear my federal conviction?

You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.

Will this restore my right to own a firearm?

No. The only way to restore your gun rights in Nevada is by getting a pardon from the Nevada Board of Pardons Commissioner

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Higbee & Associates
3481 E. Sunset Road, Suite 100
Las Vegas, NV 89120
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