Criminal Record Sealing

Let’s face it: everyone makes mistakes. We all hope to avoid the kind of mistakes that leave behind a record, but in real life, that just isn’t always the case. Having a criminal record is something anyone would wish they could erase, especially since that record can come back to haunt you at the absolute worst times. In fact, past criminal charges could prevent you from being eligible for certain career opportunities you would like to pursue. Fortunately, the State of Nevada has provided a process for having your criminal record sealed so that you can go ahead and get on with your life.

Nevada favors Second Chances

If you take the time to explore Chapter 179 of the Nevada Revised Statutes you will find a lot of encouraging language regarding having your criminal records sealed. One section in particular (179.2445) creates what the law refers to as a presumption in favor of criminal record sealing. A presumption means, in this case, that the laws in Nevada have established certain facts that make a solid case for allowing criminal records to be sealed by the court. This presumption does not mean that all criminal record may be sealed, but it does mean that the courts will treat such petitions favorably. In fact, another section of the Nevada Revised Statutes (NRS 179.2405) states that the public policy of the State is “to favor the giving of second chances to offenders who are rehabilitated and the sealing of the records of such persons.” It is encouraging to know that the lawmakers of your State believe that everyone deserves a second chance. With the help of the right attorney, you can petition the court and take advantage of this opportunity to start fresh.

Which Offenses Can be Sealed

The rules for sealing your criminal record in Nevada are generous and quite expansive. Most convictions can be sealed by petitioning the courts, including some serious felonies. In fact, the rules are so generous that it is actually easier to list the offenses which are not eligible to be sealed than to list the offenses which can be sealed. The five types of offenses which cannot be sealed are outlined in the Nevada Revised Statutes, Section 179.245. They include:

  1. A crime against a child

  2. A sexual offense

  3. Invasion of the home with a deadly weapon pursuant

  4. A felony DUI

  5. A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance

Any other offenses other than those listed can be sealed by the court. This can be accomplished by filing a petition with the court, with the help of attorney, requesting that your records be sealed. Often times these petitions are not challenged, especially if the offense happened years or decades previous. If your criminal record is getting in the way of your employment opportunities or advancements, you may want to consider petitioning to have your record sealed. Because this is a formal process through the courts, retaining the help of an attorney to draft your petition will be your best bid for success.

Don’t allow yourself to be tied down by past mistakes.
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