sealing of criminal record

HOW IT WORKS:

In Nevada, the ability to petition a court to seal records of an arrest, criminal conviction, acquittal or dismissal is controlled by Nevada Revised Statute Chapter 179.241-179.301. 

 

An order sealing records is NOT an expungement of your record in Nevada, which allows for the destruction of the records themselves.

An order sealing records removes the records from general information sources and your conviction could be later used in certain circumstances.

 

Although the entry of an order by a court requires that certain criminal justice agencies located outside Nevada comply with its direction, these agencies are not bound to follow this order since

they are outside the jurisdiction of the Nevada Court. As such, these records may, or may not be removed from their databases.

 

Pursuant to NRS 179.2595, you are now allowed to seal multiple records by filing a Petition to Seal with the District Court. The District Court will be able to provide an Order instructing the lower Courts (Municipal/Justice) to seal the cases you have in those lower courts if you have a conviction also in the District Court. 

IMPORTANT FACTS REGARDING GUN RIGHTS:

If you have been convicted of a felony, a misdemeanor for domestic violence/stalking, and you have been prohibited from owning or being in possession of a firearm, the ONLY way to restore your ability to own and carry a firearm is through a pardon from the State Pardon Board. Pardon information can be found HERE.

Sealing your criminal record WILL NOT restore your right to bear arms. 

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THE PROCESS:

STEP ONE:

In order to seal your criminal record, you need to first determine if enough time has passed. 

 

Please determine what type of conviction you have and whether enough time has passed:

 

      (a) A category A or B felony after 15 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (b) A category C or D felony after 12 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (c) A category E felony after 7 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (d) Any gross misdemeanor after 5 years from the date of release from actual custody or discharge from probation, whichever occurs later;

      (e) A violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or

      (f) Any other misdemeanor after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.

 

If you believe enough time has passed, you will need to next obtain your Nevada Criminal History.

Packet Includes:($550)

 

Instructions

Filing Form

Civil Filing Sheet

Record Request Form

Petition to Seal Record (with exhibit sheets)

Stipulation for Sealing (for the City/District Attorney)

Request for Submission

Proposed Sealing Order

*All prices do not include the record request fee, arresting agency report fee, court docket fees, or the Court's filing fees.

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STEP TWO:

You will first need to obtain a fingerprint card in which to submit for your history report. 

 

Please click HERE to be taken to a list of private fingerprint services in order to obtain your fingerprint card to send to the Department of Public Safety. The fingerprint service charges vary from each location, check with each one for their fees. They are generally around $40. You will need a 'hard copy' fingerprint card to take with you.

 

Submit the fingerprint card, a money order for $27.50 and request form to:

 

Nevada’s Central Repository for Criminal Records

Public Safety Records and Identification Bureau

333 West Nye Lane,

Carson City, Nevada 89706

(775) 684-6262

 

Please click HERE to be taken to the Department of Public Safety site for the request form and instructions to obtain your copy of Nevada Criminal History. It may take the Department up to 45 days or more to return to you a copy of your history. 

You may submit your fingerprint card and record request yourself, or you may provide High Sierra Legal with your fingerprint card and let us do the rest for you. 

 

Obtain any reports generated by the arresting agency. This is done through the records division of each agency. Reno Police Department charges $45 for each report. The other arresting agencies charge usually per page. You'll typically request the arrest report. This will be attached to your petition to the Court.

 

Obtain the history of the case from the court in which you were tried. Typically, you will request the docket sheet for the case. This will also be attached to your petition to the Court. 

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STEP THREE:

Once you have received your criminal history, the Petition, with all supporting exhibits must be filed with the court within 30 DAYS of receiving your criminal history. After 30 days, the history is considered "stale" and you will need to obtain a new criminal history record. 

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