Misdemeanors and Record Sealing
Domestic Violence, DUI, Hit and Run Charges

Sealing misdemeanors

First, what is a misdemeanor?

Under Nevada law, a misdemeanor is a minor criminal charge. An example of a misdemeanor could include petty theft, a traffic ticket, battery domestic violence, DUI, hit-and-run, prostitution, resisting arrest, or operating a business without a license.

Attorneys recommend sealing any minor criminal charge because it will come up during your background check.

The most common misdemeanor charges the law firms seal are:

• Domestic violence charge,
• DUI, or
• Hit-and-run (without bodily damages),
• Criminal citations (tickets).

Sealing a domestic violence charge

Can you seal a domestic violence charge?

Generally, yes. Suppose it is your first-time misdemeanor domestic violence offense. In that case, in Nevada, you can apply for record sealing as long as the time requirements are met eligibility table).

The problem becomes when the client is charged with domestic violence on several occasions. The district attorney's office will hesitate to approve any seal whether the battery domestic violence case was dismissed or denied by the court. They might believe the defendant has not learned from their previous mistakes and will do it again.

Still, each case is different.

If you had more than one battery domestic violence charge in the past and want to seal your criminal record, consult a criminal defense attorney. When an attorney knows the details of your criminal charges, they can give your a recommendation tailored to your specific situation.

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Sealing a DUI charge in Nevada

You can seal your DUI misdemeanor if your DUI offense meets time requirements (see eligibility table).

The start date to be eligible for record sealing after a DUI arrest is when the case is closed, or the defendant is released from probation, whichever occurred later. Please note that some felonies - the felony DUIs or DUI resulting in death or substantial bodily injury (SBI), can not be sealed.

For more information, speak with a criminal defense attorney.

Sealing a hit-and-run charge

Minor damage to the vehicle with no personal injuries usually could be reduced to a traffic citation and can be sealed.

However, with felony hit-and-run charges, the rules are different. Some felony charges have a long waiting requirement (see eligibility table), and some felony charges are NOT eligible for record sealing.

Can you remove a felony from your record?

Yes. In Nevada, you can seal a felony charge. The only problem - the wait time for felonies is longer than for misdemeanors. Some felony charges (e.g., Crimes Against Children) cannot be sealed. Check the latest record sealing time requirements.

Sealing misdemeanor criminal citations (tickets)

Usually, people get a citation in Las Vegas for trespassing, drug paraphernalia, or disturbing peace. These are not very serious crimes, but they stay on your record and can have serious consequences when you are applying for a job or trying to rent an apartment. Therefore, these citations should be sealed as soon as possible.

Can you seal a plea bargain?

When a record is sealed, the seal includes all proceedings and documents of the case. A plea bargain is one of them. To obtain detailed materials regarding a sealed case, a person must have a signed order from a judge.

A guilty plea & record sealing

If the charge meets the required statutes and is eligible to be sealed (see latest record sealing time requirements), your criminal record will be sealed regardless of the plea. Please be aware that the time requirements change every few years.

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Can you get a partial record seal?

No. Partial record seals are not allowed. Every criminal offense on your record must be eligible, or you cannot seal your record. Minor traffic citations will not hinder the sealing process.

Can a sealed record be used against you?

Once you seal a criminal record, the petitioner (person who received a record seal) can deny all proceedings recounted in the seal, and the sealed criminal records are deemed never to have occurred. The petitioner can answer "NO" according to any inquiry, including inquiries relating to an application for employment, a mortgage, a college application, or a request for financial aid.

Can hospitals see a sealed record in Nevada?

No. For a hospital to obtain a sealed record, they need to have a signed order from a judge.

Can you seal a hospital record?

No. Criminal record seals only pertain to criminal events, NOT medical records.

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