DUI in Nevada – Can You Have the Arrest Removed from Your Record?

DUI Conviction Stays with You

Getting convicted for a DUI means that arrest, and subsequent conviction, will remain on file  with the court that handled your DUI case and in state and local criminal history files for the foreseeable future. If that was not bad enough, an arrest (absent a conviction) will continue to appear on your record regardless of whether the charges were dropped or reduced to a lesser offense. Your driving history in Nevada is a public record, which means many members of the public can access it in accordance with Nevada Revised Statute 481.063. This means prospective employers, banks, school admissions offices, landlords, etc. can view your criminal records.

How You Can Potentially Seal Your Arrest Record

According to Nevada Revised Statute 179.245, you may be able to have your criminal record “sealed” after a period of time. Sealing your record means that the contents of your record cannot be obtained through a standard background check conducted by an employer, educational institution, and so forth. The only exception is government agencies, including law enforcement agencies. They would still be ale to access your record, even if it contains sealed information.

When You are Eligible for Sealing a DUI Arrest or Conviction Record

If your DUI charge was dismissed, you can immediately apply to have the arrest sealed. If your DUI charge was reduced to reckless driving, you can apply to have the arrest and conviction sealed after one year. If you were convicted of a first or second misdemeanor DUI, you will have to wait seven years to have the conviction sealed.

If you were convicted of a felony DUI, you generally cannot have this conviction sealed. It remains on your record for the rest of your life.

Steps to Get Your Nevada DUI Record Sealed

The actual process to get your DUI record sealed is quite complicated. You need to secure copies of all relevant records and signatures authorizing the sealing request. The information that needs to be submitted to a court for review includes:

• Copy of your criminal history from the Nevada Criminal History Central Repository;
• Current, verified copy of your criminal history from the Shared Computer Operations for Protection and Enforcement system;
• Signed petition for the order to seal your DUI record;
• Order signed by a judge ordering records sealed;
• Signed affidavit attesting to the authenticity of these documents.

Sealing petitions first to the District Attorney for review and approval. If the District Attorney approves the petition, you then submit your petition to the Clerk of Court for review and signature by a judge. If your petition is denied, you will need to wait two years to seek petition for a rehearing, according to Nevada Revised Statute 179.265.