After a person is convicted of a criminal offense, he or she may be able to have the record of the crime sealed. If a record is sealed, documents related to the offense could be hidden from public view and not accessible by private or governmental agencies. The proceedings would be treated as through it did not occur.
In Nevada, sealing a criminal record is a complex process, and not everyone with a criminal record can have it sealed. Working with an attorney who understands the process and what it takes to get a record sealed could be beneficial to your future.
Having a criminal conviction on your record could present a plethora of difficulties. Sealing your record could allow you to move forward with your life and leave mistakes in the past. Contact Las Vegas record sealing lawyer Jeffrey Jaeger for knowledgeable and educated legal counsel.
Jeffrey is adamant about helping his clients. He will work diligently to ensure all options are available to you. Call (702) 816-3888 to schedule a free consultation with a dedicated attorney. The Law Offices of Jeffrey Jaeger represents clients throughout Clark County, including those in Las Vegas, North Las Vegas, and Henderson.
After a person has been convicted of a crime, he or she could be eligible to have the record sealed. According to Nevada Revised Statute 179.245, a person convicted of a Category A or B felony could file a petition 15 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later.
If a person is convicted of a Category C or D felony, he or she must wait 12 years. If the conviction was for a Category E felony, the offender must wait seven years to file the petition. Any gross misdemeanor would require a five year-period, and a misdemeanor would require a two-year period.
According to the law, the petition must be accompanied by the petitioner's current and verified records and a list of agencies, companies, or other officials who could be in possession of the records. Information identifying the record must also be included, such as:
If the person was convicted in a district court, justice court, or municipal court, the prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
If the court finds the person has not been charged with a crime or convicted of an offense within the designated period after the date of release or discharge, the records could be sealed. Any files in the custody of any criminal justice agency or any public or private agency, company, official, or other custodian of records could be hidden from public view.
Although criminal records can be sealed in Nevada, there are some restrictions. According to Nevada Revised Statute 179.245, a person may not petition the court to seal a record relating a conviction of the following offenses:
In these cases, the term crime against a child could mean kidnapping, false imprisonment, sex trafficking, and involuntary servitude. A sexual offense, according to state law, could mean sexual assault, statutory sexual seduction, open or gross lewdness, incest, and other crimes.
Petitioning to have a record sealed after a dismissal is slightly different from petitioning after a conviction. According to Nevada Revised Statute 179.255, a person who was arrested for a crime and had the charges dismissed can petition to have his or her record sealed if any time after the dismissal.
If the charges were declined for prosecution, the accused can petition to have the record sealed any time after the applicable statute of limitations expires, any time 10 years after the arrest, or pursuant to a stipulation between the parties.
If after the hearing the court finds the prosecution was declined or the charges were dismissed and there is no evidence that further action will be brought against the person, it could order all records of the arrest and of the proceedings leading to the acquittal, declination, or dismissal to be sealed.
If a person is successful in getting his or her criminal record sealed, it would be as though the offense and any subsequent proceedings never occurred. This could have significant benefits in daily life.
Sealing a criminal record, however, is different from expunging or erasing a record. When the record is sealed it is hidden from public view. Some governmental agencies like the FBI and CIA could have access to the files under certain circumstances.
If you are seeking to have your criminal record sealed, contact Las Vegas record sealing lawyer Jeffrey Jaeger. He can work with you to ensure your rights are protected. Call The Law Offices of Jeffrey Jaeger at (702) 816-3888 to schedule a free consultation today.
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