Nevada law defines a “felony” as “every crime which may be punished by death or by imprisonment in the state prison.” NRS 193.120(2). Some examples of common felony offenses include possession of drugs (besides marijuana), trafficking or possession of drugs with the intent to sell, DUI (third offenses), domestic violence (third offenses), offenses involving weapons and offenses causing substantial bodily harm.
The types of felony proceedings that you can seal include arrest reports, felony convictions, preliminary hearing transcripts and related documents, any and all police reports and/or investigation files associated with your event and any and all court records associated with the same. If you can seal the felony record, “all proceedings . . . in the record are deemed never to have occurred.” NRS 179.285(1)(a).
Not every felony criminal record can be sealed in Nevada. For instance felony records involving the following crimes can never be sealed:
(a) A crime against a child; NRS 179.245(5)(a);
(b) A sexual offense; NRS 179.245(5)(b)
(c) Any felony DUI conviction (whether a third offense felony, a substantial bodily harm felony, a death felony or a homicide felony); NRS 484C.110, NRS 484C.120; NRS 484C.400(1)(c); NRS 484C.430; NRS 484C.130
(d) A felony BUI (“Boating Under the Influence”) conviction if you have prior felony BUI convictions or your BUI causes substantial bodily harm, death or constitutes a homicide BUI; NRS 488.427; NRS 488.420; NS 488.425
Even if your felony criminal record is eligible for sealing, there are several conditions that must occur and/or be satisfied before you can petition the Court to seal your Nevada felony criminal record, including the following:
- Your Nevada felony case must be closed; and
- After the felony proceeding is closed, an additional statutorily prescribed time frame must pass before you can have your Nevada felony criminal record sealed.
If you have any questions concerning sealing a Nevada felony criminal record, including questions pertaining to your eligibility, please contact The Hayes Law Firm and schedule a free consultation.