Criminal Record Expungement in Nevada

 

Having a Nevada criminal record can make life quite tough for those who have made a mistake and are just trying to put their lives back on track. Whenever an individual or agency performs a background check on you, they will immediately discover your criminal record and be able to see the charges against you. Obviously, this is not going to make them see you in a positive light. Unfortunately, the kinds of people and agencies most commonly requesting background checks are potential employers and landlords, banks, credit card companies, and organizations that offer professional licenses. Think of how hard your life would be if you couldn’t get work, find a place to live, or use any credit. Sadly, that is a reality for many individuals who have a criminal record.

 

The federal government saw the problem in this and decided to allow a legal process called expungement whereby the criminal records of specific people in specific circumstances can be deleted so that no one in the public or in general law enforcement will be able to see them. It gives individuals the legal right to state that their offense never happened. In this way, people genuinely putting forth an effort to live normally and find work would be much more likely to be able to do so and not have to resort to criminal acts just to survive.

 

Expungement in the State of Nevada

Because the federal government believed expungement to be a privilege rather than a right, freedom was given to each state on how they wished to utilize the process, and currently the state of Nevada has no statue for the expungement of criminal convictions. What this means in layman’s terms is that, for all intents and purposes, expungement does not exist in Nevada.

 

However, this does not mean that Nevada has no provisions for deleting criminal information. While only a relative few people qualify for the process, Nevada jurisdiction allows record sealing for its citizens.

 

Record sealing is not the same as expungement. The extent to which records can be sealed does not go as far as expungement, refusing access to the public, but continuing to allow government agencies and law enforcement to see the information without need for a court order.

 

Record Sealing Eligibility in Nevada

Whether or not a record may be sealed in Nevada depends both on the circumstances of the particular crime and case, as well as the individual being charged with the crime.

 

In general, people who have been charged and convicted of crimes are eligible to have them sealed, but only after designated time periods. Such time periods vary depending upon how serious the offense in question is, and can be for a number of years. People still waiting for their conviction or even to be charged with an offense are required to keep waiting until the court tells them when they may apply for record sealing.

Under Nevada Law 179.259, records can also be sealed for those individuals who have finished reentry programs, and for people who were arrested but later received an acquittal or had their charges dismissed.

 

It is also possible under NRS 176A.850 for those who have been honorably discharged to have their records sealed, but it should be noted that even for records are sealed away, if the sealed record is for a conviction, it may still be used in any applications for licenses, permits, and public employment, for future convictions, and for the purpose of impeachment.

 

When juveniles turn 21 years of age, they also become eligible to have their records sealed. However, if a juvenile would have received a felony charge if they were charged as an adult, this record may not be sealed until they reach 30 years of age. Felonies of this type include:

 

• Sexual assault
• Battery with the intent to commit sexual assault
• Threatening by force or violence
• Lewdness involving a child

 

Juveniles with these types of crimes will only be eligible for record sealing if they have no charges other than traffic violations after they turn 21.

 

The Record Sealing Process in Nevada

The state of Nevada automatically seals offenses for juveniles once they turn 21 years old except in the types of cases mentioned above or where the person has records of being adjudicated.

 

Adults who wish to have their records sealed are required to petition the court that handled their cases and where their records are maintained. Section 179.245 states that petitions must include:

 

• Current records of the individual’s criminal history
• The Central Repository for Nevada Records of Criminal History
• Name of the local law enforcement agency in the city or county where the conviction occurred

 

Just because an individual is eligible for record sealing does not mean that sealing will be granted. The Nevada court always retains the ability to deny petitions.