Can Judge Deny Record Sealing Request?

When a judge denies a petition

Our clients have many questions about "If the judge denies a record sealing request, what to do next?" or "How many times can you apply for record sealing?"

How many times can I apply for record sealing?

In Nevada, a person can petition the court to seal their record only two (2) times. Ultimately, a judge will decide to approve or deny sealing your criminal record.

Sometimes, a judge will deny the petition for record sealing even though the prosecutor's office does not oppose it.

In this unique situation, when a judge denies the petition, the waiting period is extended for two (2) more years. After you meet the two-year extended waiting period requirement, you can petition the court to seal your record again.

True, there is a limited amount of opportunities the state will allow someone to seal their record. Hiring an attorney with experience handling petitions for record sealing will increase the chances that your petition will be approved the first time.

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Career advancements within your company & record sealing

Many people contacted our office and told us that they often hesitate to apply for a better job or career advancement in their company. They worry that the management won't approve their transfer because of their criminal record.

What you need to know is that once the record seal is complete, you will be on an even playing field with others applying for the same position you are.

Most employers cannot see sealed criminal records. Once the judge has approved and signed the Order to Seal Records, the petitioner (a person who made a formal application to a court to seal their criminal record) does not have to disclose the criminal events that occurred in the past or they were alleged.

It is worth mentioning that the FBI, CIA, the State Gaming Control Board, The Nevada Gaming Commission, and a few professional organizations will continue to access your criminal record after you seal it.

What is SCOPE in Nevada?

A SCOPE is a document used by the Las Vegas Metropolitan Police Department that shows a person's criminal background. The SCOPE will display information regarding arrests, citations, and convictions. SCOPEs are helpful for the record sealing process because they can give some insight into specific details needed when drafting the Petition to Seal Records.

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Court seal stamp: What is that?

At the end of the sealing process, the judge will sign a document called an Order to Seal Records. This document states that the judge orders any agency with documents/records of the criminal events listed in the Order to Seal Records to seal them immediately. The court clerk's office will certify the Order to Seal Records by stamping the document with the court's seal to show that the document is authentic.

Can you expunge a sealed record?

Expungements of criminal records are only allowed in some states. The state of Nevada does not allow expungements for criminal records. When an expungement is conducted (depending on the state), the physical documents associated with the case are destroyed; however, once a record seal is complete, the documents/records related to the criminal case still exist.

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