Nevada law defines a “gross misdemeanor” as “every other crime” that is not a misdemeanor or a felony. NRS 193.120(4). This means that a “gross misdemeanor” is every crime punishable by imprisonment in a county jail for more than 6 months but not punishable by death or by imprisonment in the state prison. Some examples of common gross misdemeanor offenses include possession of 1 ounce or less of marijuana (third offenses), open or gross lewdness (first offense), indecent exposure (first offense), stalking (second or subsequent offense), malicious destruction of property and unlawful use of a hotel key.
The types of gross misdemeanor proceedings that you can seal include gross misdemeanor arrests, gross misdemeanor convictions, any and all police reports and/or investigation files associated with your event and any and all court records associated with the same.
Although all gross misdemeanor criminal records can be sealed in Nevada, there are several conditions that must occur and/or be satisfied before you can petition the Court to seal your gross misdemeanor criminal record, including the following:
- Your Nevada gross misdemeanor event must be closed; and
- After the gross misdemeanor proceeding is closed, an additional statutorily prescribed time frame must pass before you can have your Nevada gross misdemeanor criminal record sealed.
If you have any questions concerning sealing a Nevada gross misdemeanor criminal record, including questions pertaining to your eligibility, please contact The Hayes Law Firm and schedule a free consultation.