In the state of Nevada, those who are arrested, indicted, or convicted of certain offenses have the ability to request that their records be sealed. There are different requirements and processes for sealing records depending upon whether the individual who is seeking to have his records sealed completed a program of reentry, was convicted, or was acquitted and had his charges dismissed.
In any circumstances where the sealing of records is ordered however, the person who sought to have the records sealed will need to ensure that any agency of criminal justice with access to his records is provided with a copy of the court order. This means that a person who has sought to have his records sealed will need to know what an agency of criminal justice is.
LV Criminal Defense can provide assistance to those who are working through the process of sealing their records. In addition to helping you to petition the court and make a compelling case for why your records should be sealed, we can also help you to identify the appropriate agencies of criminal justice which you need to ensure obtain a copy of the court order.
The process of having records successfully sealed can be complicated, so give us a call to find out about how Las Vegas defense attorneys can help.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Nevada laws on sealing of criminal records are found in N.R.S. 179.241 through N.R.S. 179.301. Under these laws, a person who has completed a program or reentry can have his record sealed after program completion, even without a hearing on the issue of record sealing, unless the department of parole and/or the department of probation request a hearing. A person who has had charges dismissed or who has been acquitted can also request records be sealed right after the dismissal or acquittal. And, someone who has been convicted could potentially have records sealed after a designated period of time, depending upon the offense committed.
N.R.S. 179.275 stipulates that persons who are eligible to have their records sealed and who obtain a court order mandating the sealing of records will need to distribute the order to the Central Repository and to every agency of criminal justice that is named in the order. The agency of criminal justice must seal the records that are in its custody related to the court order, must provide notice to the court of compliance with the order, and then must seal the court order that had directed them to seal the records.
It is N.R.S. 179.242 that defines exactly what an agency of criminal justice is. According to the relevant statute, an agency of criminal justice has the meaning which is “ascribed” to it (or assigned to it) in Nevada Revised Statute section 179A.030. That definition found in N.R.S. 179A.030 indicates that an agency of criminal justice is any court, any government agency, or any subset of a government agency that provides services during the process of administering criminal justice under authority vested in the agency by either an executive order or a statute. To be considered an agency of criminal justice, the agency must also allocate a substantial portion of its budget to facilitating the administration of criminal justice.
It is important that you understand what an agency of criminal justice is, because many agencies in the state may have copies of records related to your involvement with the criminal justice system. If the relevant agencies are not provided with notice that the records are to be sealed, the agency could unknowingly disclose information from your sealed record in a background check.
Las Vegas criminal defense attorneys at LV Criminal Defense will help you to understand what the laws are when it comes to sealing records and will assist you in taking steps to both get your records sealed and notify the proper agencies of criminal justice.
To find out more about how our legal team can assist you, give us a call today.