People will need a Las Vegas criminal defense attorney to file an expungement of their criminal records instead of a petition to seal their criminal record. While Nevada only provides for the sealing of records pursuant to NRS 179.245, the effect of either achieves relatively the same purpose. Instead of having the physical file destroyed resulting from an expungement, an order sealing records provides that all proceedings recounted in the record are deemed never to have occurred.
The Order sealing the record immediately restores the civil rights to vote, hold office and to serve on a jury and a background check will not reveal any of the arrest or other related information. Likewise, an order sealing the record entitles the person to truthfully answer the she was never arrested or convicted of the matter on any application for employment. The petition to seal the record can be filed immediately after a dismissal or acquittal.
A Misdemeanor conviction (except for a DUI and Domestic Battery which requires 7 years) generally requires you to wait 2 years from the date of release from custody or discharge from parole and probation in Las Vegas, whichever occurs later, and 7 years for any Gross Misdemeanor or Category E Felony. The statutory waiting period is extended to 12 years for a category C or D felony and 15 years for a category A or B felony. Any convictions relating from a felony drunk driving or felony Domestic Violence, or any sexual offense is not eligible for sealing.
If you wish to pursue the sealing of your record, you first must obtain a print-out of your NCIC scope from Metro. After filing the petition to seal, the prosecuting attorney’s office may appear at a hearing to oppose the petition to seal. If the petition is granted, then the order is sent to the FBI, Metro and other law enforcement agencies so that the information relating to the arrest and criminal proceedings are redacted.