get a free consultation 1-800-870-8910

Clearing Your Name: The Benefits of Working with Record Sealing & Expungement Lawyer Las Vegas, Nevada

Record sealing lawyers Las Vegas

If you’ve ever been charged with a crime, you understand the weight that a criminal record carries. Even after serving your sentence, the consequences of a conviction can linger, affecting various aspects of your life. However, there’s hope in Nevada’s legal system through the process of record sealing. In this comprehensive guide, we’ll explore what record sealing entails, the benefits it offers, and why partnering with an experienced criminal defense lawyer in Las Vegas is essential.

Understanding the Nevada Criminal Record Sealing Process

Record sealing, often referred to as expungement in other states, is a legal process that allows individuals to seal certain criminal records from public view. This means that once your records sealed, it’s effectively hidden from background checks conducted by potential employers, landlords, or any other entity that might request access to your criminal history.

Which Records Can You Seal?

Nevada law permits the sealing of various types of records, including misdemeanor convictions, non-violent felony convictions, and even some category B felonies. However, it’s important to note that certain offenses, such as sexual offenses and crimes involving children, are typically ineligible for record sealing. Your sentence may be served in the mind of the court – but these records can follow you for years. This can limit your ability to find gainful employment, successfully pass rental applications, or other screening processes. It is important to identify all potential outstanding records and get them all sealed so that you have a clean slate going forward.

How Soon Can You Seal Your Record?

The timing for sealing a criminal record varies depending on the nature of the offense and the outcome of the case. Generally, individuals must wait for a specified period after completing their sentence, probation, or parole before they can petition the court for record sealing. This waiting period can range from one to several years, so it’s crucial to consult with a knowledgeable attorney to determine your eligibility and the applicable waiting period.

Refer to the following table for the duration of your waiting period:

Class of Offense Waiting Period
Category A Felony  10 years
Category B Felony  5 years
Category C Felony    5 years
Category D Felony     5 years
Category E Felony  2 years
Gross Misdemeanor  2 years
Misdemeanor 1 year
Misdemeanor DUI 7 years
Misdemeanor Domestic Violence  7 years

This table outlines the waiting period for various classes of offenses, providing clear guidelines for understanding when you may be eligible to proceed with certain legal actions.

When Can’t You Get Your Record Sealed?

While record sealing offers a second chance to many individuals with past convictions, there are circumstances where sealing may not be possible. For instance, if you have pending criminal charges or if you’ve been convicted of certain serious offenses, such as murder or sexual assault, you may be ineligible for record sealing. Additionally, if you’ve violated the terms of your probation or failed to complete your sentence, you may not qualify for record sealing.

How to Seal Your Record

Sealing your criminal record in Nevada is a multi-step process that involves careful preparation and adherence to legal requirements. While the process can be complex, understanding the steps involved can help you navigate it more effectively. Here’s a comprehensive guide on how to seal criminal records in Nevada:

  1. Determine Eligibility: Confirm whether you meet the criteria for record sealing, which typically involves completing your sentence, probation, or parole and adhering to waiting periods.
  2. Gather Documents: Collect all necessary paperwork, including criminal history report, certificates of completion for rehabilitation programs, court documents, and any other evidence of rehabilitation.
  3. Complete Petition: Draft a petition for record sealing containing essential details about your case, rehabilitation efforts, and reasons for seeking record sealing.
  4. File Petition: Submit your petition to the appropriate court along with the required filing fee, ensuring compliance with court rules and procedures.
  5. Serve Notice: Serve notice of your petition to relevant parties, such as the district attorney’s office, if required by law.
  6. Attend Hearing: Attend any scheduled court hearings to present your case to the judge and address any concerns raised.
  7. Await Decision: Await the court’s decision on your petition, which will either grant or deny your request for record sealing.
  8. Notify Agencies to Seal Records: Mail the court’s order granting your petition to various agencies to seal your record, including police departments, courts, and department of public safety. Once your record is sealed with these agencies, they will mail you a letter back confirming your record is sealed.  NOTE: This part of the process is essential and there may be several agencies involved that need to be served the courts order.

Finally, Your Record is Sealed! Now What?

Once you receive confirmation from the various agencies, your criminal record is effectively sealed from public view. This means that most employers, landlords, and other individuals or entities conducting background checks will no longer have access to your past convictions. You can move forward with your life with the peace of mind that comes from knowing your past mistakes won’t continue to hold you back. Enjoy not having to explain past criminal convictions at every important step of life from a new job or new apartment. This should be stress relieving!

The Difference Between Sealed Records and a Pardon

It’s essential to understand that record sealing is different from a pardon. While record sealing hides your past convictions from public view, a pardon is an official forgiveness of the offense by the government. A pardon does not erase the conviction from your record but rather acknowledges that you have been rehabilitated and deserve a second chance. However, pardons are relatively rare and may be difficult to obtain.

What are the Benefits of Sealing My Record?

The benefits of sealing your criminal record are numerous and far-reaching. Here are just a few:

  1. Improved Employment Opportunities: With a sealed record, you can pursue employment opportunities without the fear of being disqualified based on past mistakes that appear on your criminal history.
  2. Enhanced Housing Options: Landlords and property managers often conduct background checks on prospective tenants. A sealed record can make it easier to secure housing and avoid denied housing applications based on past criminal history.
  3. Peace of Mind: Knowing that your past mistakes are no longer visible to the public can provide a sense of relief and allow you to focus on building a brighter future.
  4. Restored Civil Rights: In some cases, sealing your record may restore certain civil rights that were suspended as a result of your conviction, such as the right to vote or serve on a jury.
  5. Protection from Stigmatization: Having a criminal record can carry a social stigma that affects your relationships and community standing. Sealing your record allows you to move forward without the burden of judgment or prejudice.
  6. Prevention of Traffic Stops Based on Known Criminal Records: Police will not have this information during future license plate checks and traffic stops to use against you every time they stop you in the future. This can help prevent additional future suspicion that could lead to additional charges down the line. Concealing past DUI’s so they don’t presume you are a repeat offender, previous drug possession charges where they start to “smell” odors and call dogs to delay stops. The list goes on. Traffic stops go much differently for those with clean records vs those with a past.

List of Nevada Statutes Relating to Record Sealing

Navigating Nevada’s record sealing laws can be complex, but understanding the relevant statutes is essential. Here are some key statutes related to record sealing in Nevada:

  • NRS 179.245: Provides the legal authority for individuals to petition the court for the sealing of their criminal records.
  • NRS 179.255: Outlines the eligibility requirements for record sealing, including the waiting periods for different types of offenses.
  • NRS 179.259: Specifies the procedures for filing a petition for record sealing and the documentation required to support the petition.
  • NRS 179.275: Addresses the effect of sealing a criminal record and the limitations on access to seal records by government agencies and the public.

Why Choose The Bourassa Law Group Record Sealing Lawyers?

Choosing the right record sealing lawyer is crucial to the success of your case. At the Bourassa Law Group, we understand the significance of clearing your name and moving forward with your life. Here’s why you should trust our team of experienced record sealing lawyers in Las Vegas:

  1. Expertise and Experience: Our attorneys have extensive experience navigating Nevada’s record sealing laws. We have helped numerous clients successfully seal their criminal records, allowing them to move forward with their lives without the burden of past criminal record.
  2. Personalized Approach: We understand that every case is unique, and we take the time to understand your specific circumstances and goals. Our team will work closely with you to develop a personalized legal strategy tailored to your needs.
  3. Thorough Preparation: Successfully sealing a criminal record requires careful preparation and attention to detail. Our attorneys will ensure that your petition is properly prepared and supported by the necessary documentation, increasing your chances of success.
  4. Courtroom Experience: If your record sealing petition requires a hearing, our attorneys are prepared to advocate on your behalf in the courtroom. We have extensive experience presenting cases before judges and will work tirelessly to secure a favorable outcome for you.
  5. Compassionate Representation: We understand that dealing with past convictions can be a challenging and emotional experience. Our team is committed to providing compassionate and supportive representation every step of the way, guiding you through the process with empathy and understanding.
  6. Commitment to Results: At The Bourassa Law Group, our top priority is achieving the best possible outcome for our clients. Whether you’re seeking to seal a misdemeanor conviction or a more serious felony offense, you can trust that we will fight tirelessly to help you clear your name and move forward with your life.
Record sealing lawyers Las Vegas

Seal Your Record and Unleash Your Potential with BLG

Record sealing offers a valuable opportunity for individuals with past convictions to clear their names and move forward with their lives. By partnering with experienced Las Vegas record sealing lawyers, you can navigate the complex legal process with confidence and increase your chances of success. Don’t let your past mistakes define your future – take the first step towards a brighter tomorrow by exploring your options for record sealing today.

Ready to take control of your future and leave your past behind? Don’t wait any longer, contact BLG now and let us help you navigate the record sealing process with ease. Our experienced team of record sealing lawyers in Las Vegas is here to guide you every step of the way, ensuring that your rights are protected and your voice is heard in court. Getting your record sealed is not a challenging task, but can be time consuming for those not familiar with the courts.

Contact us today for a consultation. Once retained, the process is turnkey. We will keep you updated on the process and give you a final disposition. The process can feel slow at times while the various agencies are going through their processes, but rest assured we will stay on top of any issues that may arise and work to wrap this matter and your record up as quickly as possible. Our past clients will tell you that this is well worth the wait.

More details from Clark County can be found here: https://www.clarkcountynv.gov/government/departments/district_attorney/divisions/criminal/sealing_of_records/index.php

FAQs

How much does it cost to seal your record in Nevada?

The cost to seal your record in Nevada varies depending on factors such as the type of offense and court fees. Generally, expect to pay several hundred dollars in attorneys fees while the application and paperwork necessary to file cost approximately $150 dollars. There is no guarantee that all applications are successful and are at the discretion of the courts.

How do I get my criminal record sealed in Las Vegas?

To get your criminal record sealed in Las Vegas, you typically need to follow a process that involves filing a petition with the court, attending a hearing, and meeting certain eligibility criteria, such as completing probation or parole. It’s advisable to consult with a legal expert for specific guidance tailored to your situation.

What is the Second Chance Act in Nevada?

The Second Chance Act in Nevada is legislation aimed at providing opportunities for individuals with criminal records to reintegrate into society by offering avenues for record sealing, employment assistance, and rehabilitation programs.

How long do arrests stay on your record in Nevada?

In Nevada, arrest records can stay on your record indefinitely unless they are sealed or expunged. However, certain types of arrests may be eligible for criminal record sealing after a specified period, typically ranging from one to seven years, depending on the offense.

Can sealing my record help me with getting an apartment or house rental?

Typically – yes. Landlords are allowed to use criminal records as a factor in the application process. Having your records properly sealed by court order with the arresting agencies can help you not have to disclose those factors to any potential landlord.

Will sealing my criminal record allow me to once again possess a firearm?

Record sealing is not the avenue to restore these rights in Nevada if they were removed. A pardon is required: https://pardons.nv.gov/About/About_The_Board/

Expungement vs Sealing – What is the difference?

An order sealing your criminal records is not an expungement, which allows for the total destruction of the records. Rather, an order sealing records removes the records from general information sources(censors) but does not authorize their complete destruction. In fact, a record sealed pursuant to law may later be used in certain circumstances. The arresting agencies essentially hides the records from public view in a sealing; where someone who was wrongfully convicted and has a conviction reversed may receive an expungement of the record which makes it like it never happened. Source: https://rccd.nv.gov/FeesForms/Criminal/Sealing_NV_Criminal_History_Records/

Can I seal my record if I got a conviction on vacation in Las Vegas?

Yes. This is a common question with the number of tourists annually to Las Vegas. Often times during the criminal process, our lawyers can represent you while you are out of town with minimal requirements for you to be at court in person – this is subject to the courts approval of course. Examples are out of town DUI as you can read about at our blog here Dui Arrest in Nevada for Out of State Visitors

Free Case Evaluation

The evaluation is FREE! You do not have to pay anything to have an attorney evaluate your case.