The Record Sealing Process
When You Don't Live
in Las Vegas or Nevada

Record sealing requests from non-residents of Nevada

What if you currently don't live in Nevada, but your arrest occurred in Nevada?

Will your arrest come up during your background check?

Yes, your arrest will come up in a background check and can cause many problems when applying for a job, loan or financial aid, or renting an apartment. You need to seal your criminal record.

If the arrest occurred in Nevada, you or your attorney file the petition for record sealing in Nevada, and Nevada's court should approve your petition.

The good part, you don't need to fly to Nevada to file the petition for record sealing. This article explains what is involved.

Can I seal a record in the state where I currently live?

No. The record sealing process must be originated in the same jurisdiction where the person was charged with a crime. In other words, if your arrest happened in Las Vegas, you must petition a Las Vegas court to seal your criminal record.

Do I have to return to Las Vegas to file a petition?

No. Today, you can do everything via electronic mail.

The attorney's office creates a Record Seal Petition, sends you a record sealing packet with instructions, and highlights where your signature is required. If the attorney's office needs additional information, they will call you or send an email.

How long does it take to seal the record in Nevada?

The time frames change depending on the number of petitions submitted for processing. During pandemics, everything takes much longer than expected. In our experience, record sealing in Las Vegas takes 6 - 12 months. In some very complex cases, especially when the record seal is contested (the parties disagree about the issues of the case), it may take up to 2 years.

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Who approves the petition for record sealing?

The Judge and District Attorney's Office (or the local prosecutor who filed the original charges) approve every petition.

Can a criminal record be expunged in Nevada?

No. Nevada allows only record sealing. Record expungement is not an option in Nevada.

Documents you need to provide

To start working on your petition, the attorney's office needs three (3) documents from you:

• Authorization to obtain your criminal history report (SCOPE)
• Fingerprint card
• Copy of your driver's license

Authorization to obtain the criminal history report

An authorization to obtain the Nevada criminal history report or SCOPE must be signed, notarized, and returned to the office promptly so the office can request your criminal history report from Las Vegas Metropolitan Police. All petitions for record sealing require a criminal history report.

Fingerprints

You can go to any local police station where you currently reside and request a fingerprint card. Keep in mind that there could be a fee involved for fingerprinting. The cost may vary from state to state.

In addition, what is essential to know is that the court accepts only an original fingerprint card. Copied fingerprint cards are not allowed.

Note: When mailing the fingerprint card, please remember not to bend the paper.

Driver's license

Lastly, the attorney's office will need a front and back copy of your driver's license. Usually, you can email or fax a copy of your driver's license.

Keeping contact info current

Please remember to update your contact information regularly. If you are planning to change your address or phone number, inform your law office so they can update your contact information on file. Sometimes, the office may need additional information from you, and they need to get in touch with you as soon as possible.

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If you are a non-U.S. citizen

For non-U.S. citizens or foreigners, the process is the same as for non-residents. You send most documents electronically to the law office, and the same set of documents is required to start working on your petition.

If you currently have an immigration case, you must contact a skilled immigration lawyer. The immigration lawyer who has experience handling criminal convictions will determine how the record sealing will affect that case.

How much does it cost to seal a criminal record in Las Vegas or Nevada?

The fee for sealing criminal records depends on the complexity case.

Some petitions involve one (1) arrest record, while others include multiple arrests spread over 20 years. There is no limit to how many criminal records you can seal. What is essential to know - you should seal ALL arrest records simultaneously, and you should include ALL arrest records in one petition.

The District Attorney's Office does not approve partial record sealing.

And then there is the complexity of the case itself.

When your case doesn't fit into any existing category or the District Attorney's Office rejects the petition, the case goes to a hearing. The hearings require an additional set of documents and additional mandatory court filing fees.

During the hearing, the attorney must present a valid argument to the Judge as to why, in this case, the Judge should make an exception and allow to seal this specific case from the public eye. One can never be sure about the outcome of such a hearing.

So, the fee for record sealing are case by case.

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