This page was designed to help our clients better understand our Nevada Juvenile Record Sealing service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.
Most juvenile records are automatically sealed when the child reaches the age of 21.
However, records that are not sealed automatically include those that pertain to the following crimes that if were committed by someone older than eighteen would have constituted the following: sexual assault pursuant to NRS 200.366; battery with intent to commit sexual assault pursuant to NRS 200.400; lewdness with a child pursuant to NRS 201.230; or a felony which involved the use or threatened use of force or violence. Juvenile records of these offenses may be sealed upon petition when the defendant reaches the age of 30.
If a child is under the age of 21, records can be sealed earlier upon the child or probation officer’s request three years after the child’s last adjudication or referral to juvenile court (whichever is later).
Once your record is sealed, it is as though the charge never occurred. Once sealed, you can treat the incident as though it never occurred; this would open up many more employment, licensing, and other positive life opportunities for you, and prevent the public from finding out about an embarrassing incident you had as a juvenile.
No. Once the record is sealed, it is treated as if it never happened and you can answer to any inquiry on an application for employment that you have not been arrested or convicted.
If you are under 21 and you receive another felony conviction or a conviction for a misdemeanor involving moral turpitude during the 3-year waiting period, then you are not eligible to seal the juvenile records. If you are older than 21 and you receive a conviction for any offense (other than a minor moving/standing traffic offense) since you turned 21, then you cannot seal your juvenile records.
No. You can answer any inquiry, without limitation, that you were not arrested or convicted.
Only in limited circumstances. You may view your own records if you petition the court to permit you to do so. An agency charged with your medical or psychiatric care may petition the court to permit the inspection of the records. The district attorney or an attorney representing a defendant in a criminal action may petition the court to permit inspection of the records to obtain information relating to the persons who were involved in your record. If you are under 21 years old, any court where you are going to be sentenced in a criminal matter may inspect any of your juvenile records that have already been sealed.
The records will be sealed and the employers and state licensing agencies will not be able to view the records. Moreover, you are able to state that you have not been arrested or convicted.
Section 19 of the FDIA (Federal Deposit Insurance Act) allows banks and other financial institutions to bar prospective and current employees who have had “Breach of Trust” or "Dishonesty" convictions from jobs that they are otherwise qualified for even if they had the conviction expunged.
"Dishonesty" means directly or indirectly to cheat or defraud; to cheat or defraud for monetary gain or its equivalent; or wrongfully to take property belonging to another in violation of any criminal statute. Dishonesty includes acts involving want of integrity, lack of probity, or a disposition to distort, cheat, or act deceitfully or fraudulently, and may include crimes which federal, state or local laws define as dishonest. "Breach of trust" means a wrongful act, use, misappropriation or omission with respect to any property or fund which has been committed to a person in a fiduciary or official capacity, or the misuse of one's official or fiduciary position to engage in a wrongful act, use, misappropriation or omission.
Whether a crime involves dishonesty or breach of trust will be determined from the statutory elements of the crime itself. All convictions for offenses concerning the illegal manufacture, sale, distribution of or trafficking in controlled substances are included. Other offenses can include but is not limited to the following: petty theft, grand theft, insufficient checks, burglary, possession of drugs for distribution or sales, embezzlement, fraud, fraud to obtain aid or benefits and money laundering.
If you believe you have a “breach of trust” or "dishonesty" conviction and were denied a position or were terminated from a financial institution because of that offense, there still is another way to obtain that job with 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 from the FDIC.
If you want to join the US military, then it becomes a matter of federal law, not Nevada state law. All branches of the military will want to know about your juvenile offenses, even if they have been expunged. There is still a risk of being discharged from the military if you don’t tell them and they later find out about it. It's always advisable to disclose that you had a conviction, but it was taken before a judge and he deemed it in the interest of justice to expunge/seal the record from public view.
For Nevada, once your juvenile offenses have been sealed, it is treated as though it never occurred, and you can deny it on any application, including an application to become a police officer. Thus, it is highly unlikely that anyone would be able to know about it.
Your probation officer and the court are required to say that they have no record of your arrest.
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 conviction off of your record.
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.
Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue the case before a judge. Although some of the questions may seem simple, the more information and detail that you provide in your answers the better we are able to argue the case in your favor.
Typically, the case takes about four to six months.
We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.
The courts work on a first-come, first-served 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 dismissed.
We have an online tracking system that is just for your case or cases. You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer then usual for the court we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings.
Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.
We are unable to offer a money back guarantee because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We cannot afford to offer this low of a price and a money back guarantee.
We can create a payment plan that meets your needs. Please view the pricing for details regarding the payment plans.
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.
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, (4) violating probation and (5) not paying fines.
If the case is denied, we evaluate the reason for the denial and determine the best way to proceed, including refiling.
You will receive a court order sealing your juvenile record. Criminal record databases will be updated to reflect that your juvenile record was sealed.
Once the judge orders the records sealed, the court notifies the law enforcement arresting agency, the prosecuting attorney, Nevada DPS, FBI, and any other agencies that have records.
The court updates the court records within 48 hours and the Nevada Department of Public Safety has up to 30 days to update their records. However, the DPS typically updates their records before the 30 days expire.
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 the Canadian government will have whatever information the United States has on record. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of this 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.
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 record sealed could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.
Upon having your records sealed, your civil rights are immediately restored. This includes the right to vote, hold office, and serve on a jury.
Criminal violations may have severe consequences for immigrants, even if the crime is expunged/vacated/sealed. Even minor offenses such as petty theft can make someone deportable or inadmissible, while more serious offenses such as burglary may not have the same consequences. Since each case is unique, it is important to get a case-by-case analysis tailored to your specific facts. To find out if your criminal conviction will impact your immigration case it is imperative you contact a qualified immigration attorney. Our in-house immigration attorney is available to answer questions at 714-617-8395.
No. A pardon is the only way to restore your right to possess a firearm. We do not currently offer pardon services.
Call us 702-583-4778 or Toll Free 877-573-7273
Please take the free online eligibility test before calling.
Law Firm of Higbee & Associates
3481 E. Sunset Road, Suite 100
Las Vegas, NV 89120
*By Appointment Only