Prostitution charges in Nevada carry legal consequences that extend far beyond the courtroom. A conviction can affect employment options, housing applications, and personal relationships for years.
People often ask, can I get a prostitution charge expunged from my record? In Nevada, certain prostitution convictions may be eligible for record sealing, which can limit public access to the case. Nevada has specific laws governing who qualifies and how the process works.
If you’re dealing with a prostitution charge on your record, you may want to speak with a knowledgeable prostitution defense attorney near you for a confidential consultation.
What Constitutes Prostitution Under Nevada Law?
Nevada law defines prostitution as engaging in sexual activity for money or other forms of compensation. In most parts of the state, except for licensed brothels in specific rural counties, this activity is illegal. Both the person offering sexual services and the person purchasing them can be charged. Soliciting prostitution, offering to engage in prostitution, or working as a prostitute outside a licensed establishment can all result in criminal charges.
Penalties for Prostitution Convictions
The penalties depend on the nature of the offense and any prior convictions. A first offense for misdemeanor prostitution may lead to fines, community service, and possibly short-term jail time. Repeat offenses often result in steeper fines and longer jail sentences. In some situations, prostitution charges can be elevated to more serious offenses, especially if the case involves underage individuals, coercion, or related crimes.
How Prostitution Charges Affect Your Future
A prostitution conviction leaves a public record that employers, landlords, and licensing boards can access. Even a misdemeanor can make it harder to get a job, secure housing, or apply for certain professional licenses. The stigma attached to prostitution charges often influences personal relationships as well. Sealing your record can help reduce the long-term effects of a past mistake.
Can You Expunge a Prostitution Conviction in Nevada?
Nevada law doesn’t technically erase criminal records the way some states do. Instead, the state offers a process called “record sealing.” Once sealed, your record is hidden from most public access, including standard employer background checks, rental applications, and many licensing boards. However, certain government agencies and law enforcement can still view it in limited situations. For most people, sealing achieves the same result as expungement in terms of daily life.
Sealing a prostitution conviction in Nevada can reduce the long-term impact of a past mistake, but the process has strict rules about eligibility, timing, and procedure. Whether you qualify depends on the nature of the charge, your criminal history, and whether you’ve met all court-ordered obligations.
Nevada’s Record Sealing Laws
Nevada Revised Statutes set out the rules for sealing criminal records. The law applies to both arrests and convictions, but the waiting periods and qualifications differ. When a record is sealed, it’s removed from public databases and most background check reports. You gain the legal right in most circumstances to state that the arrest or conviction never occurred.
Law enforcement agencies, prosecutors, and certain licensing boards may still view sealed records, especially for security-sensitive positions. For example, if you apply to become a law enforcement officer or work in certain regulated industries, those agencies may still have access.
Eligibility Requirements for Expungement
Not all prostitution-related convictions qualify for sealing. Key factors include:
- Completion of all sentencing requirements: You must finish probation, community service, treatment programs, and pay all fines or restitution before the waiting period begins.
- Type of offense: Misdemeanor prostitution charges may qualify sooner, while felonies require longer waits. Certain charges, such as those involving minors or human trafficking, are not eligible for sealing.
- Criminal history: A pattern of repeated convictions can extend waiting periods or reduce eligibility. Each conviction is reviewed separately.
- Outcome of the case: If your charge was dismissed, dropped, or you were acquitted, you may petition for sealing immediately without a waiting period.
Timeline Restrictions for Different Offense Levels
Nevada law sets different waiting periods depending on the severity of the prostitution charge. The clock starts after the case is fully closed, meaning you’ve completed all court-ordered terms.
Misdemeanor prostitution convictions
For a first-time misdemeanor prostitution conviction, you must wait one year from the case closure date before filing your petition. This shorter period is designed for less severe offenses and gives many first-time offenders a chance to move forward sooner.
Gross misdemeanors
If your prostitution-related charge is a gross misdemeanor, such as solicitation under certain conditions, the waiting period increases to two years. These cases carry higher penalties and are treated more seriously by the courts, so the delay is longer before sealing is allowed.
Felonies
Felony-level prostitution charges, such as those involving coercion or organized activity, have significantly longer waiting periods. Depending on the exact charge, the wait can range from five to ten years. Felonies that involve minors or human trafficking are generally not eligible for sealing under Nevada law.
Nevada’s record sealing process offers a path toward privacy and new opportunities, but it requires strict adherence to the state’s legal requirements. Understanding the type of conviction, the applicable waiting period, and whether you meet all eligibility rules is the first step. For many, working with a skilled Nevada criminal defense attorney helps ensure the process is completed accurately and without unnecessary delays.
The Nevada Record Sealing Process
The process of sealing a record in Nevada involves multiple steps, each with specific requirements. Missing a step can result in delays or denials.
Required Documentation and Forms
Before you can file a petition, you’ll need to collect several documents:
- Certified copy of your criminal history: You can obtain this from the Nevada Department of Public Safety or the local police department.
- Court records: These include the judgment of conviction, sentencing orders, and proof of completed probation, community service, or treatment programs.
- Petition to seal records: This form outlines your case information, the specific charges, and the legal basis for sealing.
- Proposed order to seal: This is the document the judge will sign if your petition is granted.
Organizing these records in advance ensures you have everything ready when you begin the filing process.
Filing Procedures and Court Requirements
You must file the petition in the same court where your prostitution case was handled. After filing, you must send a copy to the prosecuting attorney’s office. The prosecutor has the right to review and either agree to or oppose your request.
If the prosecutor agrees, the process may move forward without a hearing. If they object, the court will schedule a hearing where you or your attorney presents arguments and evidence supporting your request. Judges review each case individually, considering the nature of the conviction, your conduct since the case, and whether sealing serves the interests of justice.
Processing Times and Associated Costs
The time from filing to final decision can vary widely by county. Some courts complete the process in as little as three months, while others may take six months or more.
Costs typically include:
- Court filing fees, often around $270
- Costs for obtaining certified records
- Fingerprint processing fees, if required
- Attorney fees, if you choose to hire legal representation
Completing the Nevada record sealing process requires attention to detail and a clear understanding of court expectations. With the right preparation, you can present a strong petition and improve your chances of removing your prostitution charge from public view.
Many choose to work with a knowledgeable expungment attorney to make sure each step is handled correctly the first time.
What Types of Prostitution Cases Can Be Sealed?
Not all prostitution-related cases are treated equally when it comes to sealing.
First-Time Misdemeanor Offenses
First-time misdemeanor prostitution convictions usually have the shortest waiting period for sealing. If you have no other criminal history, the court may view your petition more favorably.
Repeat Offenses and Waiting Periods
Multiple convictions extend the time before you can apply for sealing. Each conviction requires its own petition, and the waiting period resets from the closure date of each case.
Cases Involving Additional Charges
If your prostitution charge was accompanied by other offenses, such as drug possession or assault, the most serious conviction will set the sealing timeline. This means you may have to wait much longer to seal the prostitution charge.
Benefits of Sealing Your Prostitution Record
Sealing a prostitution record can open doors that a conviction might otherwise close.
Employment Opportunities
Employers often run background checks. A sealed record won’t show up on most private employment screenings, which can improve your job prospects.
Housing Applications
Many landlords check for criminal records before approving tenants. A sealed record can remove a significant barrier to finding stable housing.
Professional Licensing
State licensing boards often require disclosure of criminal history. While some agencies still have access to sealed records, many treat sealed convictions differently than open ones.
Background Check Results
With the record sealed, most private background check companies cannot report the conviction, making everyday interactions like applying for credit or volunteering easier.
How a Criminal Defense Attorney Can Help
A skilled criminal defense attorney in Nevada can guide you through the record sealing process to help ensure it’s handled correctly.
Case Evaluation and Eligibility Assessment
An attorney can review your case, determine whether you qualify for sealing, and identify the right time to file your petition.
Document Preparation and Filing
Preparing an accurate and complete petition is essential. A knowledgeable lawyer will ensure all required documents and legal arguments are included.
Court Representation and Advocacy
If the court schedules a hearing, your attorney can represent you and respond to any concerns raised by the judge or prosecutor.
Handling Complex Cases or Objections
Cases with multiple convictions or objections from the district attorney require careful handling. A focused attorney can address these challenges effectively.
Common Obstacles in the Expungement Process
Some petitions for record sealing face hurdles that can slow or stop the process.
District Attorney Objections
Prosecutors may oppose sealing if they believe the case involves serious public safety concerns. Your attorney can respond to these objections.
Incomplete Criminal History Records
Missing documents or incorrect case information can delay or prevent sealing. Obtaining a complete and accurate record is a necessary step.
Technical Filing Errors
Courts often reject petitions that don’t follow the correct format or procedure. Careful attention to detail helps avoid these issues.
Outstanding Fines or Court Obligations
Unpaid fines, restitution, or unfinished community service will typically stop the sealing process until they’re resolved.
FAQs About Expunging Prostitution Charges
How long do I have to wait before I can seal my prostitution record in Nevada?
For misdemeanor prostitution convictions, you typically must wait one year after the case closes. For gross misdemeanors, the waiting period is two years.
Will a sealed record still show up on background checks?
Once properly sealed, the record should not appear on most background checks, though some government agencies may still have access.
Can I seal my record if I was convicted of prostitution multiple times?
Yes, but you’ll need to wait longer between each sealing petition, and each conviction must be addressed separately.
What if my prostitution charge was dismissed or I was found not guilty?
Dismissed cases and acquittals can typically be sealed immediately without waiting periods.
How much does it cost to seal a prostitution record in Nevada?
Court filing fees are typically around $270, plus any attorney fees if you hire legal representation.
Contact an Experienced Prostitution Lawyer in Nevada Now
A prostitution conviction in Nevada doesn’t have to follow you forever. State law allows some people to seal their records, removing barriers to employment, housing, and personal growth. The process requires attention to detail and a clear understanding of Nevada’s specific sealing laws.
The Law Office of Joel M. Mann has the experience to guide you from the first consultation through the final court order. Our firm’s skilled attorney works to prepare thorough petitions, handle court appearances, and address any challenges that come up during the process. Contact the Law Office of Joel M. Mann today for a confidential consultation and take the first step toward clearing your record.
