Sealing Criminal Records

Las Vegas Criminal Defense Attorney Explains Criminal Record Sealing

Record sealing is about making the charges against a person hidden so that it won’t be easily retrieved by any public or private agency. Upon successful sealing of an individual’s records, all litigations will be dismissed as if they never took place. While the records can still be accessed, the accused individual can behave and carry on with his life as if the offense did not happen.

A Las Vegas attorney explains the benefits of record sealing, the procedures involved, and etc.

Why Choose Record Sealing?

The effect of having your records sealed is that previous convictions and legal proceedings will be regarded as if they never took place. The process can greatly benefit your employment intentions because you can rightfully say that you have no criminal records. Your records will be treated unstained and so, you’ll be considered qualified for your preferred jobs.  You’ll also be eligible to acquire certain professional licenses and special civic liberties which are deprived from convicted individuals.

Las Vegas Criminal Record Sealing: The Advantages

Upon an individual’s conviction of criminal offenses, certain rights and privileges are likewise taken away. These privileges can be restored to their original state once your Nevada records have been successfully sealed:

• The right to cast a vote
• The right to hold and maintain office
• The right to serve on a panel or jury
• The right to repudiate criminal record on job applications

One major reason why people are incited to have their records sealed is to have better and more extensive employment possibilities. Some companies refuse to accept applicants with criminal records regardless of their skills and credentials. With record sealing done, an applicant can legally refuse to acknowledge his conviction or arrest throughout the whole application process. Applicants can claim that they have never been convicted because the employer won’t have accession to sealed records.

Las Vegas Criminal Record Sealing: Record Expunction versus Record Sealing

Sealing only makes the records unobtrusive to the public eye as well as private and government agencies. However, special government authorities such as the FBI, CIA, and the Gaming Control Board can still regain access and view the sealed records should the need arise.

Expunction, on the other hand, completely erases the record. However, not all offenses can be expunged. Several factors like the case severity and age of majority will be checked prior to record expunging.

At present, the record expunction is not yet available in Nevada. You may only have your records and offenses sealed but the process still has benefits which are greatly similar to expunction.

The Process of Record Sealing

The completion of Las Vegas record sealing usually consumes six to eight months’ time. After the given time, the process does not stop there and the records do not automatically get sealed. You still have to request the court to officially seal your record by filing a petition. Record sealing can be done by an individual himself but the processing time will be lengthened and the labor will be exhausting. It is practical to hire an experienced attorney so that you will be thoroughly guided along the way. Listed below is the step-by-step procedure for record sealing:

• Obtain an updated and verified copy of your criminal offense record from the Las Vegas Metropolitan Police Department.
• Produce a stipulation, petition, affidavit, and order that includes:

• The specific arrests which you want to be cleared and sealed
• The name of the police agency that arrested you
• The date of the arrests which took place
• The criminal charges placed on you
• The final disposition of each arrest (whether it ended up with conviction, acquittal or dismissal)

• Mail or drop the necessitated documents directly at the Las Vegas District Attorney Office
• Wait for about 4-8 months for the office’s response. Your request can either be approved or denied with a valid reason provided.

It is possible for you to get all the requirements but it is better to let an experienced attorney handle the paperwork so that there will be an increased chance of approval. Apart from the documents mentioned above, forms, affidavits, and reports should be passed as well. To ensure a hassle-free and formal legal process, having a lawyer assist in your criminal record sealing is a wise step.

Las Vegas Criminal Record Sealing: Eligibility

Record sealing seems to be a very inconvenient procedure and there are areas that will be significantly considered by the authorities to know if your record is permitted to be sealed. Pending charges cannot be sealed in Las Vegas right away. Most importantly, the offense committed will also be examined.

Perpetrated crimes against minors including actual or attempted kidnapping, pandering, prostitution, or false imprisonment is not eligible to be sealed. Typically, sexually-offensive activities may not be sealed in Las Vegas if they are done to individuals under the age of 18.

A defense attorney will execute thorough and careful case inspection to determine your chances of getting your record sealed by Clark Country. If your situation is in accordance with the following criteria, your records are more likely to be sealed:

• If your case was dismissed or you were acquitted, there’s a high probability for record sealing as long as no other criminal actions have been filed against you.
• If your conviction in Nevada has reached the amount of time required without you committing other offenses, you may have your record sealed.

Las Vegas Criminal Record Sealing: The Lists of Criminal Offenses

Before attempting to have record sealing in Las Vegas, you are required to comply with the terms of your sentence. The complete closure of your case and sentence will signal the start of the constitutional waiting period. The waiting period has to elapse before petitioning record sealing. During this period, it is mandatory that you to not commit further crimes and offenses or you will forfeit your record sealing opportunity.

The succeeding chart contains the statutory waiting period corresponding to different offenses:

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	2 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

* For possession of controlled substance, the convicted individual must abide by parole obligations and be declared rehabilitated for the court to seal the record.

Juvenile Records Sealing

In cases wherein juveniles are involved, the records may be sealed once the convicted minors turned 21 years of age. However, for felony offenses, the defendant has to reach the age of 30 before filing a petition to the court to seal the juvenile record.

Las Vegas Criminal Record Sealing Attorney, Ross Goodman

Committing a crime is a serious issue but it does not have to stop there. If you or someone you know wants to have a record sealing, don’t hesitate to reach Ross Goodman for a legal consultation. Ross Goodman is a trained Las Vegas attorney who will efficiently assist you n sealing your record and restoring your rights.

Ross Goodman knows holds a dynamic defense practice in Las Vegas. He is available to assist individuals who are aiming to have their records secured and sealed as long as their violations are suitable for sealing and the appropriate time has been attained. Ross Goodman’s law office represents the interest of clients throughout Las Vegas including areas close at hand. For your questions regarding record sealing, you may contact Ross Goodman for an immediate action.