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.

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 Record

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  • 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 Dismissed

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  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 Charged

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  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?

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  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?

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  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 Sealing 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.