Record Sealing Laws in Las Vegas
Your Second Chance
You deserve a second chance and you deserve a "fresh" start. The record sealing process provides you with that "fresh" start.
In many cases, if you seal your record, you gain the legal right to deny (or fail to acknowledge) anything that has to do with the arrest and the legal proceedings from the case itself.
Your sealed record is no longer a public record. When applying for a job or school you can answer "no" to all the questions about your previous arrests or convictions. You can also deny having a criminal history to civilian organizations, as well as to friends and family.
If you were previously charged with a criminal offense in Las Vegas, Henderson, North Las Vegas, Summerlin, Boulder City, Clark County and/or throughout the surrounding areas of Nevada, you maybe eligible for record sealing. Contact the attorneys at Heshmati & Associates at 702-432-1000 to learn more. Often we can look up your criminal record while you are on the phone and let you know whether you are eligible or not.
All in all, it is recommended to seal even a small misdemeanor charge, like shoplifting, drunk driving or possession of illegal drugs. It is important to seal these charges because it may stop you from getting a job, as they will appear on your background check.
The Difference Between Record Sealing and Expungement
Record sealing and expungement are two different things.
When a criminal record is sealed, it is hidden from the public view. When a criminal record is expunged it is physically destroyed.
To seal or expunge a criminal record requires a court order signed by a judge. It is important to know that the state of Nevada does not allow criminal records to be expunged, only records to be sealed.
Record Expungement Questions
We get many questions about record expungement process in Nevada, especially from people who moved to Nevada from other states. Questions like,"Can I expunge my driving criminal record?" or "How to expunge a felony record in Nevada?" come up all the time. The answer to all these questions is the same. In Nevada, you can only seal your criminal record; record expungement is not applicable to Nevada.
I Moved to a State Where Expungement is Allowed. Can my Las Vegas Criminal Record Be Expunged in That State?
No. The removal of a conviction from a person’s criminal record must be done in the Jurisdiction in which the crime occurred. Moving to another state does not change that.
Since Nevada does not allow expungement, the Nevada criminal records can only be sealed, never expunged.
Which Records Can Be Sealed
Not all records can be sealed.
Crimes against children, felony DUIs, and sexual offenses cannot be sealed. In addition, if you were dishonorably discharged from probation, that record cannot be sealed.
The Clark County District Attorney publishes a list of all charges NOT eligible for record sealing. If your offense is not on that list – you are eligible for record sealing.
Background Check and Record Sealing in Las Vegas, Nevada
When your record is sealed, private employers cannot look into your records during a background check. Your landlord cannot look into these private records. You do not have to reveal your criminal record on your professional license application. When you apply for a loan or financial-aid, the lenders can’t see your arrest record.
As person convicted of criminal charges, you lose certain benefits and privileges. You can lose the right to vote, hold office, and serve on a jury. However, once you seal your criminal record, your rights and privileges are re-instated.
How Long Does It Take to Seal a Criminal Record in Las Vegas?
The judge must give permission to seal your court record. Currently, the whole process of sealing a criminal record in Las Vegas takes between eight (8) and ten (10) months.
How Many Court Records Can Be Sealed?
In Nevada, there is no limit on the amount of records that can be sealed at any given time. However, all records to be sealed must meet the record sealing requirements. These requirements are constantly changing. To insure the best results, the attorneys at Heshmati & Associates stay on top of the latest changes in the record sealing process.
Record Sealing & FBI Inquiries
Note that having your records sealed does not mean that they'll be removed from the FBI's records. As a federal agency, the FBI is under no obligation to follow a state court's order to seal a record.
The FBI, CIA, the State Gaming Control Board, The Nevada Gaming Commission, and a very few professional organizations will continue to have access to your criminal record after you seal.
Do I Have to Worry About
Re-Sealing of My Record?
No. Once a record is sealed there is no reason to re-seal it. Record sealing doesn’t expire.
Can an Embezzlement Charge Be Sealed?
Yes. The wait time to seal any charge depends on the category of the charge ultimately plead to. Call our office for more information.
Record Sealing & Immigration
Record sealing does NOT help for immigration. In Nevada, record sealing does not destroy the original SCOPE (arrest record); it only "seals" it from private employers who do a background check.
The government still has access to all your arrest record.
Nevada Record Seal Rules
Nevada law (NRS 179.245) allows for convictions of most crimes to be sealed after specified waiting periods have been met.
Once sealed, the conviction comes off of your record and you can truthfully say that you were never convicted.
|Type of Offense||Waiting Period (from the close of the case)|
|Felony Category A||10 years|
|Felony Category B,C,D||5 years|
|Felony Category E||2 years|
|Gross Misdemeanor||1 years|
|Arrest Only||Immediately after the case is dismissed|
DUI and Domestic Violence
False Claims re: State Medicaid
Battery (NRS 200.481)
Harassment (NRS 200.571)
Stalking (NRS 200.575)
Violation TPO/Extended PO
This law was last changed on October 1, 2017.
How the Attorney for Record Sealing Can Help
The record sealing process in Las Vegas can be very laborious. And it has to be done right the first time.
The Law Offices of Heshmati & Associates handles dozens record sealing applications every week. The attorneys at Heshmati & Associates conduct the research, file the necessary motions, respond to written or oral opposition from the district attorney, and, if necessary, argue the case in front of the judge.
In most cases, the client doesn't have to physically appear in court.
If you want to seal your criminal record or if you have questions about the record sealing application process in Las Vegas, call us at 702-432-1000.
Last updated on February 7, 2018.