Record Sealing Overview

If you have a previous conviction on your record, it can affect you in many ways. When you’re stopped by the police, they can see you were arrested and convicted in your past. An old conviction, even if it was for a minor mistake you made many years ago, will show up on a background check when you apply for credit, housing or a job. You may be asked, and be required to disclose, a previous arrest of conviction when you are trying to impress a potential employer in a job interview.

You may be able to avoid this unnecessary embarrassment. In Nevada, if you have a criminal record, you may be able to get that record “sealed.”

Legally speaking, when you “seal” your record, it’s as if the arrest or conviction never happened. All proceedings in your past record are treated as if they never occurred. Once your record is “sealed,” or as it is sometimes referred to “expunged,” you are no longer legally required to disclose or list that record on a job application. More importantly, any civil rights you had to give up, such as to vote, hold office, or serve on a jury, are restored.

How long do I have to wait?

The time you have to wait before you can apply to have your criminal record history sealed is sometimes referred to as the “waiting period.” The amount of time you have to wait depends on the type of crime for which you have been convicted. Generally, the waiting period to seal an individual’s record is as follows:

If the crime is a category A or B felony:

15 years from the date you are released from custody or discharged from parole or probation, whichever is later;

If the crime is a category C or D felony:

12 years from the date you are released from custody or discharged from parole or probation, whichever is later;

If the crime is a category E felony:

7 years from the date you are released from custody or discharged from parole or probation, whichever is later;

If the crime is a category Gross Misdemeanor:

7 years from the date you are released from custody or discharged from probation, whichever is later;

If the crime is a DUI (misdemeanor) or Battery Constituting Domestic Violence (misdemeanor):

7 years from the date you are released from custody or from the date when your suspended sentence ends, whichever is later;

If the crime is a Misdemeanor:

2 years from the date you are released from custody or from the date when your suspended sentence ends, whichever is later;

There are some incidents that likely can never be removed from your record by applying to have your record sealed. For instance, if your conviction involves a crime with a child victim, or if you are convicted of an offense that is sexual in nature, you will probably not be permitted to seal your record. In some cases these convictions can be removed from ones record via a different method, such as a pardon.

If you think you want to have your record sealed, your best bet is to find a lawyer who is knowledgeable in the process and how best to achieve success.

Call today for a Free Initial Consultation

Contact our office today to discuss your criminal history record and whether you are a candidate to have your record sealed. The experienced Las Vegas criminal law attorneys at the Law Firm of Hofland & Tomsheck, including Partner Josh Tomsheck, will give you an honest assessment of your situation and let you know what we can do to help. We are available during regular business hours and can be reached 24/7 in the case of an emergency. Call 702-895-6760 or e-mail right now to schedule an appointment.