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Nevada Records Sealing Lawyer Serving Reno
Helping Client Seal Their Records in Fallon, Fernley, Reno, & Other Nevada Regions
In Nevada, if you're convicted of a felony or misdemeanor for domestic battery it is illegal to possess a firearm. A misdemeanor DUI charge can also present serious problems for traveling to Canada and other countries, and, of course, all criminal records can have implications for career prospects, among other issues.
To regain your gun rights and ease travel, your record may qualify to be sealed. Contact the Law Offices of Kenneth A. Stover to discuss your case.
How Does the Sealing Process Works in Nevada?
The record sealing process in Nevada involves several steps to ensure that eligible criminal records are hidden from public access.
Here's how it works:
- Determine Eligibility: Check if your offense qualifies for sealing. Eligibility depends on the type of crime and the time elapsed since the case resolution. Some offenses, like serious violent crimes, may not be eligible.
- Obtain Criminal Records: Request a copy of your criminal history from the Nevada Department of Public Safety.
- File a Petition: Submit a Petition to Seal Records in the court where the offense occurred. Include supporting documents, such as evidence of rehabilitation if required.
- Notify Agencies: Inform all relevant entities, like the police department, district attorney, and court, about your petition.
- Attend a Hearing: In some cases, a judge will review your petition in a hearing. Be prepared to explain why sealing your record is justified.
- Receive Court Approval: If approved, the court issues an order to seal your record.
- Notify Agencies Again: Share the court order with all involved agencies to ensure they seal their records.
Sealing a record doesn’t erase it but hides it from public view, offering benefits like improved job prospects and housing opportunities.
Who Qualifies to Seal Their Record in NV?
Eligibility to seal a record in Nevada depends on several factors, including the type of offense, the time elapsed since the case resolution, and whether the individual has met all legal requirements.
Here's a detailed breakdown:
- Type of Offense: Certain offenses, such as violent crimes, sexual offenses, and crimes against children, are typically not eligible for sealing. Misdemeanors, non-violent felonies, and dismissed charges are more likely to qualify.
- Waiting Periods: Nevada law requires a specific amount of time to pass after the case is resolved before you can apply for record sealing. The waiting period varies:
- For misdemeanors, it’s typically 1-2 years.
- For non-violent felonies, it can range from 5-10 years.
- Dismissed charges or acquittals may be eligible immediately.
- Completion of Sentence: You must have completed all aspects of your sentence, including probation, parole, and payment of fines or restitution.
- No New Offenses: You must not have committed any new crimes during the waiting period.
- Exceptions: Some crimes, like DUIs or domestic violence misdemeanors, have specific rules or longer waiting periods.
When Can I Petition the Court to Seal My Record?
If the case was dismissed, you have the right to have it sealed upon dismissal. If you were convicted, it depends upon the nature of the conviction. Some offenses, such as felony sexual offenses and felony Driving Under the Influence cases can NEVER be sealed.
Other cases can be sealed after the defendant has completed all obligations to the Court upon sentence and the following time period has passed without a subsequent conviction:
- Misdemeanors (other than DUI and domestic battery): 1 year
- Misdemeanor DUI and domestic battery: 7 years
- Gross Misdemeanor: 2 years
- Category E felony: 2 years
- Category B, C, or D felony: 5 years
- Category A felony: 10 years
Understanding the Benefits of Record Sealing
Record sealing can have a significant impact on your future opportunities and quality of life. By sealing your criminal record, you can improve your chances of securing employment, housing, and other opportunities that may be affected by a criminal history. Our experienced Reno record sealing lawyers can guide you through the process and help you understand the benefits of record sealing in Nevada.
Some of the benefits of record sealing include:
- Increased job opportunities
- Eligibility for professional licenses
- Ability to pass background checks
- Improved housing options
- Peace of mind and a fresh start
Don't let a criminal record hold you back. Contact our Sparks criminal record sealing attorney today to learn more about how record sealing can positively impact your future.
How Long Does it Take to Seal Your Record in NV?
First, you’ll need to determine your eligibility based on the waiting period for your offense, which can range from no waiting period for dismissed charges to 5-10 years for certain felonies. After confirming eligibility, gathering required documents like court records and your criminal history may take 2-4 weeks. Filing the petition with the court often takes an additional 1-2 months, depending on the court’s schedule and workload.
If objections are raised, the process may require additional time for a hearing, which can extend the timeline by 1-3 months. Once the petition is approved, it takes another 1-3 months for law enforcement and other agencies to seal the records and update their systems.
Overall, dismissed charges can usually be sealed in 3-6 months, misdemeanors may take 6-12 months, and felonies can take longer, depending on complexity. Working with an experienced attorney can help streamline the process and reduce delays.
Nevada Criminal Record Sealing Attorney Serving Sparks
Because our Reno criminal defense lawyer has been working on the record sealing process for the better part of 25 years, the Law Offices of Kenneth A. Stover knows exactly what needs to happen in order to successfully seal a criminal file. We are able to help clients work with the appropriate federal and state authorities to file with the FBI and get the record removed from the National Criminal Information Center.
To discuss clearing a criminal record during a free initial consultation with Reno criminal defense lawyer Kenneth A. Stover, call (775) 502-1575.
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Our Victories
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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charge reduced Armed robbery
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charge dismissed DUI causing death
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charge reduced DUI causing death
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charge reduced DUI causing substantial bodily harm
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not guilty DUI causing substantial bodily harm
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YOUR RESULTS, YOUR FREEDOMS, & YOUR DEFENSE ALL MATTER
Speak with a Native Nevadan Who Is Committed to Protecting Your Rights
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