Record Sealing / Expungement

A misdemeanor or felony conviction gives you a permanent criminal record which can negatively impact your future. Through expungement, the documented record of your conviction is sealed or “dismissed” so that it can never be accessed by the public. Expunge means to strike out, obliterate, or delete and that is what record-sealing accomplishes. Once your conviction record has been sealed, you no longer have to expose it on a job application or any other written form. With the experienced legal assistance of a Las Vegas record-sealing expungement lawyer at Hofland & Tomsheck, your future will be secure and you will be spared the embarrassment and disadvantage that a misdemeanor or felony conviction can bring as you move through life.

If you have a previous criminal conviction and are pulled over or stopped by the police, your conviction will immediately become known to them, which can affect how you will be treated. A previous conviction may also result in the forfeiture of certain rights, such as the right to vote, hold office, serve on a jury, or possess a gun. Old convictions, even those for minor offenses you may have made many years previously, will show up on any routine background check. These checks are typically run when you apply for a job, housing, or credit and can cause you to be passed over by a potential employer, landlord or leasing agency, or financial institution. In a job interview, you may be asked embarrassing questions and be legally required to disclose information about such a conviction. All of these difficulties can be avoided through record-sealing.

After an expungement, it’s as if your arrest and conviction never happened and you are within your rights to never mention it on an application or in any other circumstance. The only exception to this is if you apply for a government job—a job which requires a government-issued license, certificate, permit, or security clearance. Under those circumstances, your conviction will be made known.

An expungement is sought through a petition to the court in the county in which your arrest and/or conviction occurred. In Clark County, you may petition the court to have your records sealed after a case dismissal, acquittal, or after a conviction. The waiting period for when you may apply will depend on the type of offense involved. For example, in cases of category A or B felonies, the waiting period is 15 years from the date you were discharged from probation or parole or released from custody. For misdemeanors, the waiting period is generally two years from the date you were released from custody or your suspended sentence ended. Other factors are also pertinent which will either make you eligible or ineligible for an expungement. Certain offenses cannot be expunged, such as those involving crimes against children or sexual crimes.

The rules regarding record-sealing can be complicated and your petition must be properly prepared and submitted. You can talk to an experienced criminal defense lawyer at Hofland & Tomsheck about whether you are eligible and how to move forward with your expungement. Contact us to get an honest assessment of your case in a free, initial consultation.