All criminal convictions become permanently part of a person’s legal record in Nevada. These previous convictions have an adverse effect on a person’s life. For example, one won’t be able to get better jobs, purchase a new house, own a firearm or renew a driving license if they have a conviction for certain crimes. As such, these people endeavor to have their criminal convictions sealed with the help of a Nevada defense attorney.
Record sealing is not always available as an option, however. There are crimes that prohibit any form of record sealing no matter how many years have passed. Let’s take a look at which crimes are ineligible for record sealing in Nevada.
Felony DUI charges
Nevada has a regular problem with drunk drivers. In Las Vegas alone, police officers made 15 DUI arrests on average in 2021, a significant increase from the year prior. DUI fatalities may not be high compared to the national average, but felony DUI cases still inflict a significant amount of damage to life and property. It is no wonder, then, that people convicted with felony DUI cannot file for record sealing.
Felony DUI charges that prohibit record sealing include the following:
- third DUI conviction committed within 7 years of the previous one
- DUI leading to injuries or death
- Vehicular homicide (DUI led to death, and the convicted had three previous DUI convictions)
Crimes Against Minors
Minors under the age of 18 are considered extremely vulnerable victims. As such, any crimes committed against them merits severe penalties in Nevada, even for first-time offenses. These crimes cannot be sealed, as well.
The following crimes against minors are barred from record sealing and will always appear on background checks:
- Sex trafficking and/or prostitution
- Kidnapping (only counts if the defendant is not the parent or legal guardian)
- False imprisonment (only counts if the defendant is not the parent or legal guardian)
- Involuntary servitude (only counts if the defendant is not the parent or guardian)
- Convictions for attempting any of these crimes against a minor
Sex Crimes
Nevada takes a tough stance against sex crimes. The state heavily regulates the adult industry and exacts a heavy penalty on violators. Convicted sex offenders can also expect to have their charges permanently listed in their personal records without the option for sealing.
The following sex crimes cannot be sealed in Nevada:
- Felony open or gross lewdness
- Felony indecent exposure
- Felony statutory sexual seduction
- Sexual abuse and/or exploitation of a child or mentally ill individual
- Rape
- Child pornography
- Sex charges involving drugging the victim
- Incest
- Sexual relationships between a school administrator/staff/teacher and a student
- Battery with intent to commit sexual assault
- First-degree murder during a sexual assault/abuse/molestation of a child under 14
- Lewdness with a minor
- Necrophilia
- Attempt to commit any of the above crimes
Home Invasion with a Deadly Weapon
Forcible entry of someone else’s property is already a severe crime, whether or not the property was occupied at the time of the crime. Forcible entry while armed with a deadly weapon greatly escalates the degree of the crime significantly. This also invalidates it for record sealing if a conviction is handed down.
Felony convictions invalidate any attempts to seal crimes. As with many problems, the best way to avoid this fate is to avoid getting convicted in the first place. Get in touch with a veteran Las Vegas defense attorney if you have trouble with felony charges or record sealing.