Expungement & Criminal Record Sealing
Record sealing is the legal process of concealing or hiding charges from a person’s permanent criminal record so that it is not accessed by any public, private or government agency. Once a person’s records are sealed, all of the proceedings recounted in a person’s record are treated as if they never occurred. Although there are few occasions when those records can be accessed, you can conduct yourself as if the incident never happened.
Las Vegas Record Sealing Attorney
Joel Mann has an active criminal defense practice located in Las Vegas. He can help anyone needing to have their records sealed, providing their offenses are eligible to be sealed and the proper time limits have been met. His office represents clients throughout Clark County, including Las Vegas, North Las Vegas, Henderson, Spring Valley, Sunrise Manor, and nearby areas. Contact Joel Mann with your questions about record sealing.
What are the benefits of sealing my record?
People lose certain benefits and privileges once they are convicted of criminal charges.
With your Nevada criminal record sealed, you can enjoy the following reinstated rights and privileges:
- The right to vote
- The right to hold office
- The right to serve on a jury
- The right to deny a criminal record on job applications
One of the main reasons people get their records sealed is so they have wider employment opportunities. When applying for a job, the person with a sealed record can answer “no” to all the questions asking whether or not the person was ever arrested or convicted of a crime. They can honestly answer that they have never been arrested or convicted of a crime because the potential employer cannot access their sealed records.
What happens after the record is sealed?
The result of sealing your criminal record in Nevada is the criminal proceedings are treated as if they never happened. For job purposes, you can say that you have not been convicted or arrested for the sealed criminal offenses. By sealing your records, you’ll be eligible for jobs that would otherwise exclude you based solely on your Nevada criminal history as well as professional licenses and other civic liberties.
What is the difference between sealing and expunging a record?
Sealing a criminal record renders the contents of the record invisible to the majority of public, private and government agencies. It is possible for some government agencies like the FBI, CIA and the Gaming Control Board to get access to sealed records.
Expunging a criminal record essentially erases the record completely just as if it never existed. Usually, juvenile records can be expunged once the juvenile reaches the age of majority.
Currently, Nevada does not have an expungement option. You can only get your records sealed in Nevada. However sealing your record still offers you close to the same benefits as expunging your record.
What is the process for sealing my record in Nevada?
The process of record sealing in Las Vegas can take anywhere from six to eight months to complete. Even after the required time limit elapses, your record does not automatically get sealed. You must file an official petition requesting that the court seal your record. Although a person can go through the process of sealing their record themselves, it is very time and labor intensive. Having an experienced lawyer complete the sealing will you give you the peace of mind that it was done right.
Below are the steps to follow in order to seal your record:
- First, you must get a current, verified copy of your criminal history from the Las Vegas Metropolitan Police Department.
- Second, you must type out a stipulation, petition, affidavit and order that include:
- All your arrests you wish to be sealed
- Which police agency arrested you
- The date of the arrests
- The criminal charges
- The final disposition of each arrest (conviction / acquittal / dismissal)
- Mail or drop your package off at the Las Vegas District Attorney Office.
- After roughly 4-8 months you will get a response either denying your request with an explanation or approving your request.
Note that it is possible for you to obtain the required information and mail the package off, but it is a wise decision to let a lawyer handle the paperwork. There are multiple copies of forms, affidavits and other reports that must be submitted. In order to make sure the process runs as smoothly and efficiently as possible it would be beneficial to retain a lawyer to help you seal your criminal record.
Am I eligible to have my record sealed?
Being charged with any offense where the charges are still pending cannot be sealed in Las Vegas. Also, being convicted of any offense except for moving or standing traffic violations during the waiting periods mentioned above can prevent a person record from being sealed in Las Vegas. The category of the crime that has been committed also plays a significant part in whether or not a person’s records are eligible for being sealed along with when the person was released from custody or from probation.
Crimes committed against children under the age of 18 involving kidnapping, false imprisonment, pandering, prostitution or an attempt to commit one of the offenses previously listed cannot be sealed. Also, sexual offenses typically cannot be sealed in Nevada or Las Vegas if they are against a child under the age of 18 and are considered a felony or involve sexual exploitation of a child under the age of 18.
It is best to consult a criminal defense lawyer to see if you are eligible to have your record sealed by Clark County. In most cases, if you meet the following criteria you can get your record sealed:
- If your case was dismissed or you were acquitted, you may be eligible to have your record sealed as long as you don’t have other criminal actions pending against you.
- If you have a conviction in Nevada, you may be eligible to get your record sealed if the required amount of time has elapsed.
What offenses can be sealed and what is the waiting time?
Before you try to seal your Las Vegas record, you’ll need to fulfill the terms of your sentence. Once your sentence is complete and the case is closed, that is when the clock starts running for the statutory waiting period. You will need to complete the entire waiting period before a case is able to be sealed. During that time, you can’t have committed any other crimes, and you can’t be under indictment for further offenses.
The following chart represents waiting period attached to categories of offenses. After the waiting period has passed for the particular offense, you can petition the court to have your record sealed:
|Class of Offense||Waiting Period|
|Felony Category A||15 years|
|Felony Category B||15 years|
|Felony Category C||12 years|
|Felony Category D||12 years|
|Felony Category E||10 years|
|Gross Misdemeanor||7 years|
|Misdemeanor DUI||7 years|
|Misdemeanor Domestic Violence||7 years|
|Possession of Controlled Substance*||NRS 455.3363 – immediately upon completion|
|Arrest without a conviction||Immediately after dismissal or acquittal|
*Individual must satisfy parole obligations and be considered rehabilitated for the court to seal record for the offense of possession of a controlled substance.
List of Nevada Statutes Relating to Record Sealing
If you want to find out more about record sealing in Nevada, consult the following sections of the Nevada Revised Statutes for detailed information. The code number and the topics are listed for your convenience.
- NRS §179.245 – Sealing Records after conviction
- NRS §179.255 – Sealing Records after dismissal or acquittal
- NRS §179.275 – Orders for Sealing Records – Distribution Compliance
- NRS §179.285 – Order Sealing Records – Effect
- NRS §179.295 – Reopening Sealed Records
- NRS §179.301 – Inspection of Sealed Records by Certain Agencies
Sealing Juvenile Records
In some instances, juveniles may have their records sealed automatically when turning 21 years of age. This includes juveniles who have not been convicted of a crime that would have been a felony had an adult committed the crime. If the record is not automatically sealed, at the age of 30 the individual can petition the court to seal a juvenile record.
Las Vegas Metropolitan Police Department – Check with the police department to obtain your criminal records.
Las Vegas Metropolitan Police Department Records Bureau
City Hall – 1st Floor
400 East Stewart
Las Vegas, Nevada 89101
District Court Clerk – Obtain additional information about the judgments on your particular criminal record in Clark County.
200 Lewis Avenue,
Las Vegas, Nevada 89155.
Law Office of Joel M. Mann | Sealing your Nevada Criminal Record
If you or someone you know needs their criminal record sealed, contact the Law Office of Joel M. Mann for a free legal consultation. Joel Mann is an experienced Las Vegas criminal defense attorney who can efficiently seal your criminal record providing you meet all the necessary eligibility criteria in order to get your record sealed.