Everyone makes mistakes in life and if one of your mistakes led to a criminal conviction, you could face difficulty finding employment or housing. People deserve second chances in life, especially if the conviction was many years ago or for a minor infraction. In Nevada, you may be able to have your criminal record sealed as the state does not allow expungement, but the result is similar. Expunged criminal records, just like those sealed in Nevada, cannot be used against you later.
Under Nevada Statute 179.245, a convicted person may petition the court where they were convicted and ask for the record to be sealed. If you were convicted of a category A felony, a crime of violence or burglary conviction, you may request the record sealed after 10 years from the date of release of custody or discharge from parole or probation, whichever occurred later. A category E felony or gross misdemeanor may be sealed after two years while domestic violence convictions may be sealed after seven years. Battery, harassment, and stalking may be sealed after two years as well. Any other misdemeanor may be sealed after one year. Since sealing your record in Nevada is similar to expungement, expunged criminal records cannot be held against you.
Difference Between Sealed and Expunged Criminal Records
Although in most states expunged criminal records no longer appear on your record, sealed records are simply hidden from public view. What this means is that you can honestly answer “no” when applying for a job, school or housing where the application asks if you have been convicted of a crime. If you move to a state that does allow for expunged criminal records and you were convicted in Nevada, the state you moved to cannot expunge your records. You can only ask the court where you were convicted in Nevada to seal your records.
Not All Criminal Records Can Be Sealed
There are criminal records that cannot be sealed in Nevada. Any crime against a child, felony DUI, and sexual offenses cannot be sealed. If you were dishonorably discharged from probation, you cannot seal that criminal record either. There is no limit on how many records may be sealed but all those that are sealed must meet specific criteria. It is also important to note that sealing your records in Nevada does not mean they are removed from the records of the FBI. This means that the FBI, CIA, Nevada Gaming Commission and other professional organizations may be able to access your records. It also does not prevent immigration from seeing your criminal conviction.
If you are interested in having your criminal record sealed, contact Guyman & Hendron today. You can arrange for a no-obligation consultation by calling 702-758-5858 or completing the easy online form.