In Nevada, sealing DUI criminal records can be achieved under certain conditions. If the DUI conviction is a first or second misdemeanor offense, Nevada law allows for the sealing of these records seven years after the case has concluded. However, felony DUI convictions, such as a third offense or DUI resulting in injury or death, cannot ever have their criminal records sealed.
If a DUI charge is reduced to reckless driving, it is possible to have the record sealed one year after the case has closed. Furthermore, should the charge be dismissed altogether, the record can be sealed immediately. The presence of a DUI charge on a criminal record may have negative effects on employment prospects, as it denotes a poor judgment to potential employers. Moreover, even if the charge is dropped, the arrest remains visible during background checks. Consequently, it is highly recommended that defendants consult with an attorney in order to expedite the sealing of their DUI criminal records as efficiently as possible.
What is the purpose of having a DUI record “sealed” in Las Vegas, Nevada?
Obtaining a “sealed” DUI record in Nevada essentially conceals a person’s conviction for driving under the influence from public visibility. Typically, criminal records, including DUI convictions, are accessible to the public in this state. However, when a court “seals” a DUI record, it becomes hidden within government databases, making it inaccessible to the general population.
The primary motivation behind pursuing a sealed record is to obtain a clean background check. This is particularly important when seeking employment, as most employers prefer hiring candidates without previous criminal offenses in their history. By having a DUI record sealed, an individual’s chances of securing employment may significantly improve.
What is the waiting period in Nevada before I can seal my DUI conviction?
In Nevada, individuals convicted of a misdemeanor DUI must wait a total of seven years after the conclusion of their case before they can submit a petition to the court for sealing their criminal record. However, for those who have been convicted of a felony DUI, the unfortunate reality is that their record may never be sealed. This is also the same for those charged with a third DUI or a DUI that resulted in severe injury or death.
The following breakdown further illustrates the waiting periods associated with sealing records for various DUI-related offenses in Nevada:
- Felony DUI (including 3rd DUI or causing serious injury/death) — Record sealing is not possible
- Misdemeanor DUI (1st or 2nd offense) — Seven years after the case concludes
- Misdemeanor Reckless Driving — One year after the case concludes
- Dismissal of the entire DUI case — No waiting time, can be immediately sealed
It’s important to remember that the waiting period to request a record seal begins when the criminal case has been officially closed rather than when the arrest occurred. As a result, a typical misdemeanor driving under the influence case might last several months or even a year after the initial arrest.
When can I request to have my Nevada arrest record sealed if my DUI case is dismissed?
In the event that the district attorney decides to dismiss the DUI charges against an individual, thereby avoiding a conviction, the person accused can immediately file a petition to have their arrest record sealed. There’s no need to endure any waiting period in this situation.
In Nevada, if my DUI charge is reduced to reckless driving, when will I be eligible to have my record sealed?
In a situation where an individual facing a DUI charge opts for a plea bargain and instead pleads guilty to misdemeanor reckless driving, the waiting period for seeking a record seal is significantly shortened. Specifically, they must wait only one year after the case’s conclusion to make this request.
Example: Jason and Hannah were both arrested for DUI in Las Vegas. After pleading guilty to a lesser charge of reckless driving, Jason was required to wait one year before he could petition the court to have his record sealed. Meanwhile, Hannah’s case was dismissed due to insufficient evidence, and she could immediately begin her process of pursuing a sealed record without waiting any time.
Can you explain the process of having a DUI record sealed in Nevada?
The process of sealing a DUI record in Nevada can be quite complex, time-consuming, and laborious. For this reason, it’s highly recommended that individuals seek the assistance of experienced legal counsel to manage the extensive paperwork involved. This is crucial to avoid minor errors that could potentially hinder the chances of successfully sealing the record.
Will my application to seal my DUI record be approved?
In most cases, a properly prepared DUI record-sealing application is likely to be accepted. However, if the court happens to reject a submitted application, there is a mandatory waiting period of two years before the applicant can make their final attempt to seal the record.
What is the expected duration of the DUI record-sealing process in Nevada?
The duration of the DUI record-sealing procedure in Nevada is typically a matter of months. Much of this time involves waiting for responses from various governmental agencies, such as the Nevada Criminal History Repository.
What advantages can be obtained in Nevada by having a sealed DUI record?
One of the primary advantages of sealing a DUI record in Nevada is the subsequent removal of the conviction from various background checks. This means that potential employers, property owners, and creditors will not be privy to this information. Furthermore, individuals who have successfully sealed their records are within their legal rights to assert—even under oath—that they’ve never been convicted of a DUI.
Example: Consider the case of Allan, who was convicted of driving under the influence of drugs in Las Vegas during his youth but has since managed to have the record sealed. Upon learning about Allan’s past through a mutual acquaintance, his employer expresses that he doesn’t want anyone with a DUI on his team. However, because Allan’s record has been sealed, he is legally permitted to deny having had a prior DUI charge.
Can anyone access my Nevada DUI records that have been sealed?
In Nevada, access to sealed DUI records is highly restricted. However, specific organizations such as the Nevada Gaming Control Board can view an individual’s concealed criminal history in order to assess their eligibility for a gaming license. Additionally, parties involved in the DUI case, including prosecutors, might request the court to unseal the records in order to obtain pertinent information related to their case.
Is having a DUI record “sealed” and “expunged” the same thing?
The distinction between “sealing” and “expungement” of a DUI record may vary, depending on the state. For example, in California, expungement involves updating a criminal record to indicate that probation requirements have been met and the charges have been dismissed. Unlike California, Nevada statutes use the term “sealing” rather than “expungement.” Nonetheless, regardless of whether the criminal record is sealed or expunged, it will likely enhance a person’s future employment prospects.
BLG Wins Got You Covered
At BLG Wins, we understand the complexities associated with having a DUI record in Nevada. Our seasoned attorneys are knowledgeable about the laws surrounding these cases and can provide you with top-notch legal advice to help you successfully navigate your way through this ordeal. We will work diligently throughout the entire sealing process, from paperwork to court hearings, so that your record can be sealed as quickly and efficiently as possible. Contact us today to learn more about our services and how we can help you!