SEALING ARREST RECORDS IN NEVADA
If You've Been Arrested, You Have a Record
If you have a criminal record in Nevada, you know the frustration. Whether you’re charged, convicted, or only arrested for a crime in Nevada, a criminal record is created with the Nevada Department of Public Safety’s Records, Communications and Compliance Division RCCD, who then forwards these records to the FBI Criminal Justice Information Services Division, making your records available in a background check.
This Information Is For You
Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.
To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.
You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our secure, confidential Eligibility Test and then schedule an appointment to discuss your results and options.
Mr. Eastman serves as the firm’s managing partner, and is licensed to practice law in California, Oregon, and Texas.
Sam has helped thousands of clients expunge, seal, and set-aside records across the country, and has a passion for criminal justice reform. Previously, Mr. Eastman represented a number of corporate clients, focusing on tax law, mergers and acquisitions, and a variety of corporate transactions.
Mr. Eastman earned his JD and LLM from the University of San Diego School of Law, and his undergraduate degree from the University of Oregon.
Can You Get Your Nevada Arrest Record Sealed?
When you have a criminal record without a finding of guilt, Nevada law is generally referring to one of the following situations:
- General Requirements to Seal a Nevada Arrest Recordexpand_more
You were arrested, but no charges were filed
Your charges were dismissed
You were found not guilty or acquitted at trial
The prosecution declined to prosecute the matter
In the above situations, there may not have been a finding of guilt, but, unless you do something about it, the arrest record will remain on your criminal record forever, regardless of there being merit to the charges. Fortunately, you can typically seal these types of criminal records, as long as the statutory requirements of NRS 179.255 are met.
- Sealing Arrest Records when you are Acquitted or Charges are Dismissedexpand_more
You may immediately seek the sealing of your Nevada arrest records in the following situations:
Your charges were dismissed
You were found not guilty or acquitted
- Sealing Arrest Records When You Were Not Properly Chargedexpand_more
You can ask the court to seal records of the arrest, investigation, and detention relating to an offense for which you were not charged, or for which prosecution was declined in two circumstances:
At least 8 years has passed since the arrest.
The Statute of Limitations to prosecute you have passed.
The above requirements appear to be straightforward, but the process is often difficult to navigate due to issues with calculating the relevant statute of limitations for your offense.Understanding a Statute of Limitations
Petty offenses (both drug-related and otherwise): one (1) year after sentencing
Any drug-related misdemeanor: two (2) years after sentencing
Drug-related Class 3 or 4 felonies: three (3) years after sentencing
Class 2 or 3 misdemeanors: two (2) years after sentencing
Class 4, 5, or 6 felonies: three (3) years after sentencing
All other offenses not otherwise prohibited: five (5) years since sentencing
The length of the statute of limitations depends on the criminal offense, so you may need to research the offense to determine the particular statute of limitation. However, these are some general rules of thumb in Nevada you can use to understand the concept:
Most Felonies: 3 years
Most Gross Misdemeanors: 2 years
Most Misdemeanors: 1 year
Many serious offenses have much longer statutes of limitations, some of these include:
Murder or Terrorism: No Statute of Limitations
Rape and Sex Trafficking: 20 years
Child Victims of Sex Crimes: until the victim turns 36 or 43, depending on discovery of the sex offense
Legal Effect Of Sealing Your Nevada Arrest Record
- How Will Sealing My Nevada Arrest Record Help Me Get A Job?expand_more
Sealing your criminal record is currently the best way for you to improve your chances of getting a job when you have an arrest on your Nevada criminal history. If an order sealing your records is granted, your sealed records and criminal history will be removed from general information sources, and the proceedings will be deemed to have never occurred.
Sealed criminal records will not be destroyed, but they cannot be accessed by the general public, and will not show up in background checks for employment unless it relates to the Nevada Gaming Commission or other state licensing agencies (NRS 179.295). Unless one of these exceptions apply, a sealed Nevada record should not prevent you from passing a background check for employment, and you may legally state that you have not been arrested for the sealed criminal incident.
- Will Sealing My Nevada Arrest Record Restore My Second Amendment Rights to Own and Possess a Firearm?expand_more
An arrest should not result in your firearm rights being taken away from you. However, just to be clear, sealing an arrest record in Nevada does not have any effect on restoring your Second Amendment right to own a gun.
What You Need to Do to Get Rid of Your Record
If you are tired of having a criminal record hold you back, reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind. Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals. Using our secure, confidential Eligibility Test is the best way to get the process started.Some of the Potential Benefits of Setting Aside Your Arrest Record in Nevada Include:
Removing a finding of guilt and closing the case on your criminal record to help you get a better job
Restoring your Second Amendment Rights to own a firearm
Becoming eligible for professional licenses you previously did not qualify for
Increased eligibility for student loans, housing assistance, and government programs
Improving your ability to obtain higher-paying job opportunities
Improving access and admission to college and other educational resources
We Are Here to Help
Each of Nevada's methods for dealing with your criminal record have different requirements and are meant for different circumstances. To move forward, it’s important to determine what Nevada criminal record services are available to you, and then select the services that will provide the greatest benefit. Eastman Meyler, PC is here to help you navigate this very specific area of Nevada criminal law, fight to protect your rights, and assist you in moving forward in life without the effects of a Nevada criminal record.
You can trust that you will get exceptional service from our law firm, as we have an A Rating from the Better Business Bureau, and prestigious attorney rating services such as Thompson Reuters and Avvo list our attorneys as Super Lawyers and Superb Attorneys. Our law firm has attorneys licensed to practice law in all Nevada state courts, provides low price guarantees, and is here to fight for you and put your criminal record behind you!