Nevada law does not offer criminal record expungements, however, Nevada law does offer record sealing as an alternative. Expunging and sealing both accomplish the same purpose essentially. Sealing is making the record invisible whereas expunging is physically destroying a record. In either situation the record will not show up on future background checks. Background checks are common when seeking employment in addition to other important application processes, such as renting a home or an apartment and other circumstances. Today, we at Kajioka & Associates, Attorneys at Law, would like to further discuss this subject matter.
How to Seal Records in Nevada
To get a Nevada criminal record sealed, there are five main steps to take. Do keep in mind however, that each court has its own specific procedures.
1) From law enforcement, obtain a copy of the criminal record. Additionally, it may be necessary to obtain a copy of the record from the Nevada Department of Public Safety’s Criminal History Repository in Carson City.
2) To seal the record, compose the petition. Defendants can use the sample forms that are usually found on the court’s website.
3) Submit. You will need to give the prosecutor the petition to seal the record and any supporting documentation, which is the district attorney in justice court or district court cases, or the city attorney in municipal court cases. Submit the paperwork to the court should the prosecutor approve the petition.
4) Send out copies. Mail a copy of the signed court order to each government agency that has a copy of the criminal record, like the prosecutor’s office, police department, and the Criminal History Repository in Carson City in the event the court signs off on the record.
5) Takes about a year for completion. In the state of Nevada, the entire process of getting a criminal record sealed takes up to one year. Due to the time it takes for the prosecutors’ office to approve the petition is what leads to the long wait and to approve the petition and for the various agencies to comply with the order to seal.
File a Motion to Seal Records?
Judges require a hearing to decide whether to seal the case in some cases. The judge will usually rubber-stamp it as long as the prosecution approves. They should first determine whether they are even qualified for a seal before people try to seal their criminal record. To petition the court for a seal right away, people whose criminal charges get dismissed, with or without a trial acquittal. The seriousness of the original charges does not matter. Before the court will grant a seal, there is a waiting period should the defendant be previously convicted. Depending on the criminal conviction, the wait time is dictated.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
If you are looking to get your record sealed in the State of Nevada, call in the professionals of Kajioka & Associates, Attorneys at Law and let us assist you. Ensuring your record is sealed allows for better opportunities. Contact us today for your consultation.