Sealing DUI Charges
If you were charged with or convicted of a DUI, you may be wondering, “How long does a DUI stay on your record in Nevada?” The answer depends on whether you were convicted of the DUI, your criminal history, and whether you pursue the process to seal your DUI records. Sealing your records can help you avoid the negative stigma associated with having a criminal record, but the process of sealing your record may be complex. A DUI attorney can help with this process.
If you are wondering about sealing DUI charges, it is crucial that you work with a criminal defense lawyer who is familiar with this process. I am a member of the National College for DUI Defense and an Avvo Clients’ Choice in DUI Defense. I understand the complexities of Nevada’s criminal record seals and will work at every stage to protect your rights. Contact the Law Office of Joel M. Mann for a free consultation.
Are DUIs Public Record?
Yes, DUI records are public records. They can show up on routine background checks that are run for employment, housing, or credit purposes.
How Long Does a DUI Stay on Your Record in Nevada?
While many people wonder, “How long does a DUI stay on record?” the truth is that DUIs can stay on your record indefinitely. The only way to prevent the public disclosure of your records is to petition the court to seal your records.
What Is a DUI Record Seal in NV?
A DUI record seal makes your criminal record pertaining to DUI charges and convictions invisible to most others. The process is not automatic. You must petition the court for this relief and show that you meet all of the eligibility criteria. Once your petition is approved, the record of conviction is hidden in government databases that store criminal records.
Why You Should Get a DUI Charge Sealed
Having a criminal record with a charge for driving under the influence can negatively impact your life. You can be denied employment, security clearance, or housing. DUI arrests and convictions are public record. Even if your charges are ultimately dropped, they can still show up in background checks. By sealing your DUI charges, you can ensure that they do not appear on background checks and that landlords, creditors, and employers do not use this information against you.
What Is the Record Sealing Process for A DUI?
Each court and law enforcement agency has its own process to seal criminal records. The general process to seal a criminal record requires the following steps:
- Obtain a current, verified copy of your criminal history and pay the required fees
- Obtain a judgment of conviction and discharge, if applicable
- Obtain documentation of the final disposition of the case with the law enforcement agency that arrested you or the court where the arrest was filed
- Prepare a petition, affidavit, and order with all relevant and required information
- List all government agencies that have copies of your criminal record
- File the petition, affidavit, and proposed order with the applicable court
- Provide a copy of the filing and documents to the relevant district attorney’s office
- Get the district attorney to sign the order to seal
As you can see, this process can be quite complex. An experienced criminal defense lawyer can help you complete this process.
Am I Eligible to Have My DUI Charge Sealed?
To have your DUI records sealed, you must meet the following eligibility criteria:
- Your case has a final disposition
- The offense allows for sealing
- You wait the requisite time before petitioning to seal your record
- You properly prepare a petition to seal your DUI record
How Long Do I Have to Wait to Seal My DUI?
If you have a first or second offense DUI, you can petition to have your DUI records sealed seven years after the end of the case. If you are worried about a DUI reduced to reckless driving on a background check, you can avoid this issue by petitioning to have your records sealed one year after the end of the case. If you were charged with but not convicted of any type of DUI and the charges were dropped, you can petition for a record seal immediately.
However, if you were convicted of a felony DUI, you cannot have your records sealed. Felony DUI includes a third offense DUI or DUI causing serious injury or death.
If you already petitioned to have your record sealed but your application was denied, you have to wait two years after the date of rejection to apply for a record seal.
Can You Get a DUI Completely Off Your Record?
Many people wonder about how to remove a DUI from their record. Sealing a criminal record in essence makes a criminal record invisible to the public. However, the record still exists, so it’s not possible to get a DUI completely off a record. Most people would not be able to find it, though.
Who Can See Sealed Records?
Most people cannot see sealed criminal records, including background check companies. There are only a few agencies that can see sealed records under very limited circumstances. For example, the Nevada Gaming Control Board and Nevada Gaming Commission can view sealed criminal records to determine if someone can hold a gaming license. Prosecutors or other parties involved in a DUI incident may be able to find information about the case if they petition the court to do so.
Let Joel Mann Help You Seal Your Record
At the Law Office of Joel M. Mann, our legal team understands how a criminal record can negatively impact a person. We are committed to protecting your rights at every stage in your case, including helping you to avoid negative consequences stemming from a criminal charge or conviction by taking advantage of the criminal record sealing process.
Contact us for a free case review to discuss your options to seal your DUI records.