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Nevada Record Sealing FAQFrequently Asked Questions

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.

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Comments (6)

Topic: Nevada Record Sealing FAQ
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Jan Schmitt
29th March 2017 9:01am
I have a category C and D felony from Las Vegas NV in 2006. My case has a dishonorable discharge on it. I could not find a job or place to live in Las Vegas which was a requirement on my probation so I moved to Maine and did not notify by probation officer. Then 5 years after my conviction I found out that they gave me a dishonorable discharge. Can my felonies still be expunged? Thank you for your help.
Yes, possibly, but you will first need to have the dishonorable discharge removed.   We have been able to do this for clients in the past when the right facts are present.  If you did not receive notice of the hearing on your dishonorable discharge, we can ask the court to consider issuing a new hearing, at which time we can ask for the discharge to be honorable.  If the court agrees, then we can file a motion to ask for the court to seal your record.

We usually charge $4,000 to handle the motion to set-aside the dishonorable discharge.  There is no money-back guarantee on it.  

-Mathew Higbee
Licensed Nevada Attorney
17th March 2016 6:28pm
I had a Gross Misdemeanor and was dishonorably discharged from probation in Jan 2010 because I couldn't pay the fees, because I had lost my job and couldn't find another with that charge on my record. Is this case sealable?
Nevadal record sealing law requires that a person not be dishonorably discharged from probation in order to be eligible to have their Nevada criminal record sealed.    Unfortunately, there are many people who are in your situation, stuck with a criminal record for life that they would otherwise be able to seal if they were not dishonorably dishcharged from probation or parole.   Our law firm has been able to overcome this in certain circumstances.  If you were not given notice of the hearing where you received a dishonorable discharge, we can challenge the constituionality of the finding based on a lack of due process.  This type of challenge does require a substantial amount of work and expense.  Challenging the dishonorable discharge of probation is billed at an hourly basis.  I would expect the additional cost to be around $3,000.

Outside of that, the only other hope for getting a record sealed in Nevada when the person had a dishonorable dischrage fro probation lies in a change in Nevada law.  Rep. Michelle Fiore introduced leglislation in 2015 that would changed Nevada's record sealing law and allowed some former offenders who were not honorably dischraged from probation to have their record sealed.  Her bill, Assembly Bill 357, which our law firm helped draft, was passed by the Assembly.  However, it died in the Senate Judiciary Committee.  We are hoping that the bill will be revived in the next legislative session.
18th October 2015 11:00am
hello, I took your eligibility test.  I live in Nevada, and my conviction was in Riverside, California in 1998.
I desire to get my record sealed and see if I qualify to get off of the mandatory registration.
Hi Robert,  you will have to seek record clearing relief in California for the conviction.  Please see our page on CA expungement for more information on that service. Additionally, you should view our page on Nevada Sex Offender Registration Termination to see if you fit into one of the categories of offenders that can petition for that relief from the court.  Please contact us if you would like to sign up over the phone or complete the sign up process at the conclusion of the eligibility test. Thank you.
13th May 2015 10:26am
For Nevada Gaming Employee Registration, do I have to disclose in the application my arrest and conviction if my records were sealed?
The Gaming Control Board and Gaming Commission will have access to sealed records in certain cases, if your sealed case related to gaming. However, you are not generally required to disclose sealed cases.  If your case is of the type that they will have access to it may be advisable to disclose it up front.
8th August 2014 6:00am
How can I unseal a sealed record? USCIS demands a disposition.
8th August 2014 6:43am
A motion to unseal the record needs to be filed in the court that ordered the record sealed. It is a very uncommon motion, but it is possible.

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