Record Sealing

On July 1, 2019, a criminal justice reform bill, referred to as the Nevada Second Chance Act, went into effect. This piece of legislation streamlines the process for having certain crimes wiped from a person’s record. Governor Steve Sisolak signed the measure into law in May of 2019, stating that this new statute would allow a better future for those who were convicted of a now-decriminalized offense.

Sealing Records for Offenses that Are No Longer Unlawful

Although the bill applies to convictions for crimes that are no longer illegal under Nevada statutes, or may in the future become decriminalized, it will substantially affect people charged with minor marijuana offenses.

On January 1, 2017, it became legal for adults 21 years of age and over to purchase, possess, and consume the substance. Yet, it was difficult for an individual charged with a related offense before the law went into effect to get their record cleared.

Having a criminal conviction makes it difficult for a person to get credit, purchase or rent a house, or even attend higher education. Now, with the new process, individuals can complete a specific form and submit it to the court to have their conviction wiped clean. That means it would no longer be accessible to the public or appear on most background checks.

The Request Could Be Challenged

Although the record-clearing process is more efficient, the prosecuting attorney could challenge a person’s request, providing proof that the application should be denied. If the prosecutor contests the submission, the filer must respond within 10 days.

For Seasoned Legal Representation, Contact the Law Offices of Kenneth A. Stover

Understanding the adverse effects a conviction can have on your life, our attorney is here to guide you through the record-sealing process. We have extensive experience helping individuals successfully wipe their criminal past clean and prevent public access of it.

To discuss your circumstances and record-sealing options, call us at (775) 502-1575 or contact us online.

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.