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Blogs from December, 2017

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  • If you have a criminal record, you are likely all too familiar with the difficulties associated with it. You might have trouble finding housing or securing a job, for example. However, you do not have to live with this mark on your past forever. It is possible, in some cases, for a criminal record to be sealed in Nevada. When you comply with the procedure for sealing your criminal record, it will be removed from government databases and inaccessible to the public. This does not happen automatically, so it is important that you make sure other courts and agencies are informed of the court’s order to seal your criminal record.

    The Benefits of Sealing Your Criminal Record

    With a criminal record, you might encounter many difficulties, even the inability to apply for credit or a loan. If you have your criminal record sealed, landlords, potential employers, and lenders will no longer be able to access them and discriminate against you. Additionally, your right to vote can be restored, as well as your right to hold office or serve on a jury. Even under oath, you will not have to tell anyone that you have a criminal record.

    Can a Criminal Record Be Reopened Once it is Sealed?

    In some cases, a criminal can be reopened and investigated if:

    • A prosecutor wants to reopen it after you are charged with an offense similar to the one you were charged with.
    • A prosecutor or other criminal defendant applies to reopen your criminal record to discover information about others who were involved in a crime you were convicted of.
    • Certain agencies want to inspect your criminal record for a particular purpose. For example, the Gaming Control Board might be able to view your record if you apply for a gaming license.

    Who Can Have Their Criminal Record Sealed?

    Eligibility for sealing a criminal record depends on a wide range of factors, such as the type of offense you committed and when you were released from custody. Here are some examples of cases in which you would not be eligible to have your criminal record sealed:

    • You were charged with an offense that is still pending
    • You committed or attempted to commit a crime against a child or children under the age of 18
    • You committed a felony sexual offense against a child or children under the age of 18

    You might be eligible to have your record sealed if:

    • Your case was dismissed or you were acquitted of all charges and do not have another pending criminal action against you
    • You were convicted of a criminal offense in Nevada if the required amount of time has elapsed (this will vary, depending on the offense)

    Courts can decline to seal a criminal record that is eligible for sealing, so make sure to consult with a skilled criminal defense attorney to increase your chances of success.

    Record Sealing Attorney in Reno, Nevada

    If you are looking to seal your criminal record, it is imperative that you consult a criminal defense attorney who is experienced in this area to increase your chances of successfully putting the past behind you. At the Law Offices of Kenneth A. Stover, we have been working on the record sealing process for over 16 years and are ready to do the same for you.

    Contact us today at (775) 502-1575 to schedule a free consultation.

    How Record Sealing Works
  • When it comes to fake IDs, Nevada treats this offense seriously. As such, it is illegal for any individual to possess, sell, or even transfer a document or personal identifying information for the purposes of establishing a false identity, status, membership, license, or occupation for any reason. Basically, if you have or are selling fake IDs, you are going to run into some legal troubles.

    Here are some common fake ID scenarios:

    • An undocumented alien using fake naturalization papers in order to secure work benefits that only legal immigrants should have access to
    • An underage person using a fake ID to claim he or she is over the age of 21
    • An individual selling or giving fake IDs to others
    • A thief using a counterfeit card to access another individual’s money

    Is Having a Fake ID a Felony?

    If you have a fake ID and are arrested, whether you will be charged with a felony or a misdemeanor depends on the use of the fake ID. If you are using a fake ID to get alcohol or cigarettes or to gamble, you would be charged with a misdemeanor; however, using a fake ID to engage in credit card fraud, forgery or online fraud is a felony offense.

    What Are the Penalties for Using or Selling a Fake ID?

    If an individual possesses a fake ID in order to purchase or consume alcohol or cigarettes or to gamble, he or she would be charged with a misdemeanor, which is punishable by a maximum jail sentence of 6 months and fines of up to $1,000.

    If a person uses a fake ID to engage in credit card fraud, forgery, or online fraud, this will be treated as a category C felony, which is punishable by a maximum prison sentence of 10 years and a fine of up to $1,000. Other offenses involving the possession of a fake ID will be treated as a category E felony, resulting in a maximum prison sentence of 4 years and a fine of up to $5,000.

    Selling or giving away a fake ID to a minor for the purpose of allowing them to drink alcohol, buy cigarettes, or gamble is a gross misdemeanor, punishable by a maximum jail sentence of 364 days and fines of up to $2,000. Selling or giving away personal identifying information that belongs to an individual over the age of 60 or someone who is vulnerable is a category B felony and can result in a maximum prison sentence of 20 years and fines of up to $2,000. The same penalty can apply as a result of selling or giving away the personal information of 5 or more individuals, or selling or giving away personal information that causes another individual to suffer a financial loss or injury of $3,000.

    Reno Criminal Defense Attorney

    If you are facing charges regarding fake IDs, the Reno criminal defense attorney at the Law Office of Kenneth A. Stover is prepared to fight for your rights and help you secure the results you need in order to move forward with your life. It is our mission to help you walk away with a cleared name and, if possible, a clean slate. Do not hesitate to reach out to us today.

    Call our office at (775) 502-1575 to schedule a free consultation.

    Fake ID Laws in Nevada