Those who have been through the legal system, and have felony, gross misdemeanor or misdemeanor convictions/arrests to show for it, have an uphill battle fight. Once time is served, community service is rendered, fines are paid, the guilty party is left with the task of rejoining society. This challenge is complicated by his or her criminal record. In fact, even with a determination of not guilty, the accused might lose out on job opportunities, professional certification and bank loans due to one’s criminal history. Nevada, offers a way to avoid such obstacles and shame. A criminal record sealing is an option that should be taken advantage of if one has been arrested or convicted.
How Does A Record Sealing Work?
When records are sealed, inquirers–prospective employers or lenders, e.g.–cannot gain access to or see arrest records or judicial proceedings pertaining to the individual. Although the records remain, they are not visible to the general public. So, if a Nevada business runs a background search on a job applicant, no conviction will appear in the results. This does not nullify the conviction; it merely makes the history no longer public.
Nevada does not offer expungements, only record sealing. Nevada does offer Pardons, but that is another topic.
Who Can See My Sealed Record?
There are certain exceptions to who may unseal and gain access to your criminal record. Pertinent to Nevada, the state Gaming Commission or Control Board can view such files if the matter relates to gaming. A prosecutor assigned to try a subsequent offense by the convicted person also might have access to this information. Of course, pardon commissioners would also be able to inspect the records. A seasoned professional record sealing attorney, like attorney Adam Graves, can provide all of the exceptions allowed by the Nevada record sealing statute.
One may even need to Petition the Courts to unseal his or her own criminal record. For example, you previously sealed your record and now you need proof of your record for immigration matters.
Am I Eligible for a Record Sealing?
Certain violations cannot receive the benefit of a record sealing. Most sexual crimes, for example are not eligible for a record sealing. Neither are felony DUIs (driving under the influence) convictions. Still, most criminal convictions and arrests are eligible as long as the defendant fulfills waiting periods and is not arrested for other crimes in the interim. Since different infractions carry different waiting periods, the best strategy is to consult with an experienced practitioner like recording sealing attorney Adam Graves.
What Is the Procedure for Sealing?
A Petition, Affidavit and Order to Seal must be prepared and submitted by a competent attorney to the court of Jurisdiction. See our Record Sealing Flow Chart on the record sealing process. LINK>
Contact the Law Office of Adam J. Graves for more information at (702) 895-9111 or visit www.adamgraveslaw.com.
