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Sealing of records of criminal proceedings

 

Nevada Defense Lawyer Explains Sealing of Records of Criminal Proceedings

Sealing of records of criminal proceedingsWhen you have been involved with the criminal justice system, this record of your involvement could show up on background checks when you try to get a job, obtain an apartment, or volunteer to do community service work. Because of your record, it is possible that your ability to live and work where you want could be impacted. Unfortunately, you can have a record of arrests and prosecution even if you are not convicted and just this suspicion of wrongdoing alone could haunt you.

Nevada law does allow you to avoid having your reputation marred by black marks on your record in certain circumstances. This can happen when your criminal records are sealed. There are strict laws regarding what it means to seal records, when sealing records is possible, and how you can get records sealed. Because the law on this issue can be complicated and because it is your future reputation at stake, you should make certain to get legal help from skilled and experienced Las Vegas defense lawyers if you are interested in trying to get your records sealed.

LV Criminal Defense can work with you to determine if sealing records is an option and, if so, can advocate for you throughout the entire process of having your records sealed so you can maximize the chances that you’ll be able to make your criminal history private.

Contact our legal team today to find out more about what sealing records means, how the process works, and how our Nevada defense firm can help you through the process.

What Does Sealing Records Mean?

Many people confuse sealing of records with expungement. Expungement involves having a criminal conviction erased in the eyes of the law. The offense is removed from a criminal record after expungement. Sealing, on the other hand, involves preventing the general public from seeing the record of the arrest or conviction on a person’s record.

When the court orders that records be sealed, a copy of the court order must be sent to the Central Repository for Nevada Records of Criminal History, according to N.R.S. 179.275. Copies of the court order must also be sent to all criminal justice agencies, public companies, private companies, other agencies, and officials, and custodians of records who have information on the criminal proceedings which are being sealed.

When the court order is received, the person who receives the order should seal the records that are in his or her custody. All records related to the criminal matter for which the court order pertains to must be sealed.  The person who seals the records at each agency should provide notice to the court that the order to seal the records has been complied with. After the court has been notified, the order to seal the records must also be sealed.

What are Nevada Laws on Sealing Records After Criminal Proceedings?

Nevada law addresses sealing of records after a conviction, sealing of records after a dismissal or acquittal, and sealing of records after completion of program for re-entry.

  • According to N.R.S. 179.245, a person convicted of a category A or B felony can petition the court in which he was convicted to have his records sealed 15 years from the date he was released from custody or discharged from parole or probation, whichever is later.
  • A person convicted of a Category C or D felony can petition the court for records to be sealed 12 years after release from custody or discharge from parole or probation.
  • A person convicted of a category E felony can petition the court for records to be sealed seven years after release from custody or discharge from parole or probation.
  • A person convicted of a gross misdemeanor can petition five years from release or discharge.
  • A person convicted of most other misdemeanors can petition after two years.
  • According to N.R.S. 179.255, a person can petition for records to be sealed immediately after the time when charges are dismissed or immediately after the time when acquittal was entered after the date of the dismissal or acquittal.
  • According to N.R.S. 179.259, a person who has completed a program for re-entry who is eligible to have records sealed can petition the court to have those records sealed as soon as the program is complete.

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The specific process for petitioning the court and convincing the court to seal records will vary depending upon whether the petition is being made after a conviction, after an acquittal or after entering a program of re-entry. For example, the court can order records to be sealed after completion of a program for reentry even without a hearing, unless the Division of Parole and Probation or the Department of Public Safety asks the court for a hearing.

When a petition is submitted to the court, there is not necessarily a guarantee that the court will always order records sealed. A number of factors affect the court’s decision on whether or not to seal records, including the conduct of the person who is petitioning for the records to be sealed in between the time of the past conviction and the petition.

Those who want to maximize the chances of having their records sealed will need to talk with an experienced Las Vegas defense lawyer to find out how to make the most compelling possible arguments to convince the court that records should be sealed so members of the public who conduct background checks will not be alerted to your past involvement with the criminal justice system.

Getting Help from Nevada Criminal Defense Attorneys

When your reputation is at stake, you cannot afford to make mistakes that impact your ability to keep your past criminal record sealed from public view. LV Criminal Defense will aggressively advocate for your right to have your records sealed in appropriate circumstances where the law allows your records to be kept confidential.

To find out more about how our experienced Vegas criminal defense lawyers can help you, give us a call today or contact us online to speak with a member of our legal team.

 

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