Record Sealing: Do I Need a Lawyer?
Las Vegas, Nevada

Record sealing: What is involved

One of the questions that come up all the time is, "Do I need a lawyer to seal my criminal record? Can I apply for record sealing myself?"

Theoretically, yes, you can do it yourself. In reality - it is not so simple.

You can get the record sealing packet, fill in all the blanks, attach necessary documents, pay the petition fee to the court (which at the time of writing is $300) and apply.

In reality, it is more complicated. It requires knowledge of court procedures and often doing additional legal research. The court rejects all incomplete or incorrectly prepared petitions for record sealing, and the process starts from the beginning again.

Can I hire a paralegal services to help with an application?

Yes, you can. However, paralegal services' abilities are minimal. They may help you with the paperwork but require you to fill out the documents and file the paperwork with the court. Only a licensed attorney, not a paralegal, can appear with you and fight on your behalf in court. Furthermore, if the District Attorney rejects the record sealing petition, you will be on your own to fight for your criminal record seal.

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Motions or hearings

Paralegal services cannot file motions or request hearings. Paralegal services can't discuss your case with a Judge directly. Attorneys, on the contrary, deal with the judges and District Attorney's office almost daily and have a working professional relationship with them and, if needed, can approach them directly.

Paralegal services: Fee

Many additional fees are involved in filing a petition for record sealing to the court. Most of the time, the low price that paralegal services charge to seal a criminal record is only to make you walk to the door. The end price may be very different.

How to know where to submit the petition for record sealing?

In general, you have to submit the petition to the court that processed the charge; however, the district court has the authority to approve sealing records for other jurisdictions in Nevada.

How to know if the record is sealed?

At the end of the process, an Order to Seal Records is sent to all the government agencies involved. These agencies will seal the record and send back a Letter of Compliance stating that your criminal record has been sealed. Next, you can request another criminal history report from the police department. The new report will show that "No Criminal History Was Found." Read our article "Is my record sealed?" for more information.

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Can I see my criminal record?

Anyone can see their criminal record. You will need to go to the police department that arrested you or gave you the citation, and you have to request a criminal history report. For example, if you were arrested or cited in Henderson, you must go to the Henderson Police Department. If you were arrested or cited in Las Vegas, you must go to Las Vegas Metropolitan Police Department.

The sealed record still shows up. What to do?

Usually, once the record is sealed, the only agencies that will still have access to the arrest record are the Federal ones.

The FBI, CIA, the State Gaming Control Board, The Nevada Gaming Commission, and a few professional organizations will continue to access your criminal record. These agencies are under no obligation to follow a state court's order to seal a criminal record.

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