Las Vegas Expungement Lawyer

Fact-Checked

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Chandon S. Alexander who has years of legal experience as a criminal defense attorney. Our last modified date shows when this page was last reviewed.

Last Modified: December 18, 2023

GIVE US A CALL

(702) 660-1234

Related Practice Areas

Contact Us

Record Sealing & Expungement In Las Vegas, Nevada

A conviction for a misdemeanor or felony is considered a permanent criminal record, which may have long-term consequences. The documented history of your conviction is sealed or “dismissed” so that it can never be seen by the general public through expungement. Expunge refers to striking out, erasing, or removing someone’s record, and this is what record sealing accomplishes. After your record has been expunged, you will no longer have to disclose it on a job application or any other written form. Your future will be secure and you will be spared the embarrassment and disadvantages associated with a misdemeanor or felony conviction with the legal help of a Las Vegas record sealing attorney at the Spartacus Law Firm.

Table of Contents

Record Sealing vs. Expungement

Expungement is the removal of a conviction after completion of probation and entering a plea of not guilty. Certain crimes in Nevada may be sealed from public view with the help of a Las Vegas record sealing attorney. This implies that, depending on the circumstances, your court record, police record, and state record will be erased and you will be deleted from databases. To seal or expunge a criminal record requires a court order signed by a judge. But currently Nevada does not allow the expungement or deleting of criminal records.To seal your record, you or your Las Vegas record sealing attorney must file a Petition to seal your record and an Order with the court of jurisdiction. An attorney may assist with the Petition and Order to ensure that it is completed correctly the first time. In some cases, you’ll need to appear in court and make a case for sealing your history. The Spartacus Law Firm provides affordable prices and payment options for petitioning to seal your record at our law office.

Qualifications To Have A Criminal Record Sealed In Nevada

There are different qualifications to have your record sealed in Nevada depending on the circumstances of your criminal charges. Under Nevada law, you and your Las Vegas record sealing attorney can petition the court to have your records sealed for a:

Category A felony ─ 10 years after completing your sentence (release from actual custody or discharge from parole or probation, whichever occurs later)
Category B, C, or D felony ─ 5 years after completing your sentence
Class E felony or any Gross Misdemeanor ─ 2 years after completing your sentence
Misdemeanor DUI (Drugs or Alcohol) ─ 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.
Misdemeanor Battery Domestic Violence ─ 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.
Misdemeanor (Battery, Harassment, Stalking or Temporary/Extended Order of Protection) ─ 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.
Lesser Misdemeanor ─ 1 year from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.

However, the distinction between felony classifications is not always clear. First-degree murder and other offenses that result in a death sentence or life imprisonment are considered Category A felonies. Robbery and assault with a deadly weapon are both Category B felonies, while unlawful possession of a controlled substance is a Class E felony.

At the time you request that your records be sealed, you must have completed all elements of your sentence and not face any new criminal charges (other than a minor traffic ticket). If you received a Dishonorable Discharge from probation, your records may not be sealed. You cannot seal records linked to a conviction for:

Crime against a child
Sexual offense
Felony DUIs and commercial DUIs in work zones/pedestrian zones
DUI Death or Substantial Bodily Harm
DUI Homicide while driving a motor vehicle or vessel (boat, watercraft) while under the influence

Our qualified record sealing and expungement attorney in Las Vegas can take a look at your case and provide you with the answers you need. If you want to know what is on your criminal history, whether it’s from a long time ago, or anything else about your public record, we can answer your questions promptly and establish the best post-conviction relief course of action for you. Many Clark County residents have minor, misdemeanor offenses on their records that continue to be an embarrassment and a problem for them to explain. Some individuals have worked hard to turn their lives around, only to be stopped by prospective employers and others bound by rules or prejudice who will not hire them once they learn of their criminal record. Take the next step today for a brighter future free of criminal charges.

Criminal Record Clearing Options Available in NV

It’s important to understand that there are different options when it comes to record sealing and expungement in Nevada. The quickest and simplest approach to figure out which alternatives are available to you is to contact our Las Vegas record sealing attorney to discuss your situation. Below are details on some of the services provided in Nevada.

How Does An Arrest Warrant Issue?

Arrest warrants most commonly are issued by the return of a grand jury indictment or information. NRS 173.015 properly defines an indictment or information as the first pleading on the part of the State. NRS 173.025 provides that the several courts of this state shall have and may exercise the same power and jurisdiction to try and determine prosecutions upon information for crimes, misdemeanors and offenses, to issue writs and process and do all other acts therein as in cases of like prosecution under indictment.

Arrest and Conviction Record Sealing (Expungement)

Nevada law allows you to have your criminal record, convictions, and dropped cases sealed. An arrest that does not result in a conviction is eligible right away. Convictions must be earned after fulfilling the requirements set forth by the legislation. The waiting periods for felonies range from 2 years for minor misdemeanors to 15 years for Class A and B offenses.

Sex Offender Registration Termination

Nevada’s sex offender registration requirements have changed considerably in recent years, as the state has updated its legislation to comply with new federal guidelines. However, the practical effects of these adjustments are still being figured out. There’s no need to be embarrassed or harassed if you’re not legally required to register or if you can ask the court to cancel your participation. Contact our Las Vegas record sealing attorney today to see what can be done to assist you clear your criminal record in Nevada. If you have any queries, please do not hesitate to contact us or chat with us online for a free, confidential consultation.

Sealing Juvenile Records In Las Vegas, NV

In Nevada, most juvenile records are automatically erased when a kid reaches the age of 21. This means you do not have to request the court to seal them; instead, they will take care of it on their own. However, although most records are sealed once juvenile turns 21, there are exceptions and may require additional legal muscle from a Las Vegas juvenile crime attorney. The following crimes are exceptions to this regulation:

Sexual assault or rape
Battery with intent to commit sexual assault
Lewdness with a child
Any felonious offense involving violence

When a minor is 21 years old, if one of these offenses is still on their record, things become more difficult. They’ll have to wait until they’re 30 to ask the juvenile court to seal it. And, if they’ve been convicted of any additional crimes since then, the court may not seal it. Speak with our criminal defense lawyer at Spartacus Law Firm today if you feel that you may be in this position.

Frequently Asked Questions

What Are The Benefits Of Sealing My Record?

Once someone has been convicted of a crime, he or she loses access to certain privileges and benefits. You can regain the following rights and advantages after your Nevada criminal record is erased:

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 most common reasons for having a record sealed is to improve job prospects. The individual with a sealed record can refuse to answer any questions about whether or not he or she has ever been arrested or convicted of a crime when applying for work. They may honestly state that they have never been arrested or convicted of a crime because the potential employer cannot check their sealed records.

What Is The Record Sealing Process In Nevada?

The process of record sealing in Las Vegas takes anywhere from six to eight months to complete. Not to mention, timelines can be extended without an experienced Las Vegas record sealing attorney in your corner. Even after the required time limit has passed, your record will not be sealed automatically. You must submit an official petition asking the court to seal your file. Although someone can seal their criminal history on their own, it is both time and labor-intensive. A competent record expungement attorney in Clark County will ensure that your record is properly sealed by following these steps:

1. Obtain a current, verifiable copy of your criminal history from the Las VegasMetropolitan Police Department
2. Type out a stipulation, petition, affidavit, and order that include:

All of 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

3. Mail or drop your package off at the Las Vegas District Attorney’s Office
4. After roughly 4-8 months you will get a response either denying your request with an explanation or approving your request

Can I Get A Partial Record Seal?

No. Nevada courts will either seal the entire record or nothing at all. If a person has been convicted of both drug possession (a sealable offense) and felony DUI (an unsealable charge), for example, the drug case may not be sealed. Although drug possession is typically sealable, having a felony DUI conviction prevents the person’s entire record from being sealed. People convicted of sealable crimes are advised to seek assistance from a Las Vegas record sealing attorney as soon as possible in order to preserve their records if they subsequently commit an unsealable crime.

Will A Record Seal Restore My Gun Rights In Nevada?

No. A Nevada pardon is the only kind of restoration that can possibly restore a person’s gun rights. People who have lost their gun rights as a result of a felony or battery domestic violence offense cannot regain them through the sealing of records. Pardons are government-issued “forgiveness” for past crimes. pardons do not hide offenders’ criminal histories from public view or prevent law enforcement agencies from accessing data as sealing does. Note that pardons are another method to restore one’s right to vote and serve on a jury.

Contact Our Las Vegas Record Sealing & Expungement Attorney Today

The process of record sealing in Nevada can be difficult to navigate, and your petition must be well-written and submitted. Whether you’re eligible may be debatable, but speaking with a knowledgeable Las Vegas record sealing attorney at the Spartacus Law Firm can help you figure out how to move forward with your expungement. We’re human; we all make mistakes. But we believe a mistake should not define the rest of your life. Contact our office today for a consultation and to learn more about how we can help you move forward with your life.