Sealing your criminal record in Nevada is a time-consuming process. It typically takes between three and nine months to complete. Although we can certainly expedite the process from our end, there are several third-party agencies, that must be involved, whose time-tables we cannot control. This is why the time range for completion is so difficult to predict. The process itself can be divided up into three phases.
Phase One (Fingerprinting and Record Compiling)
The first thing you should do is determine whether you are even eligible to seal your Nevada criminal record. Here at The Hayes Law Firm we will provide you with a free and confidential consultation to determine whether you are even eligible to seal your Nevada criminal record. If you do not already have one, you must obtain a government issued identification card during this phase. Once we make the threshold determination that you are eligible, we will direct you to a local certified fingerprinting technician to secure your fingerprints. We will also request and obtain your “Criminal History Report” from the Nevada Criminal History Central Repository and your criminal history “SCOPE” printout(s) from the appropriate police department(s). Phase One typically takes two months, most of which we are awaiting for the arrival of your criminal records. If you are sealing a gross-misdemeanor or felony conviction, we will also need to request copies of the “Judgment of Conviction(s)” from your case(s) as well as your discharge paperwork (if you were on probation or parole).
Phase Two (Document Preparation and Submittal to Prosecutor’s Office)
Once we obtain your Nevada criminal records and reports back from the relevant agencies, we will draft and prepare the necessary paperwork to submit to the relevant prosecutor’s office(s). During this phase, we will meet with you to discuss your subject criminal record(s), your life circumstances and the changes you have made to turn your life around. We will work together to prepare an Affidavit for your signature. The Affidavit will contain your testimony concerning why you are entitled to have your Nevada criminal record(s) sealed. Your Affidavit will be submitted with your paperwork. During Phase Two, we will submit your documents to the appropriate prosecutor’s office (City Attorney’s office for municipal proceedings and the Clark County District Attorney’s Office for county proceedings (Justice Courts and District Court). Phase Two can take more than three months.
Phase Three (Submittal to Proper Court and Serving Order(s))
If the subject prosecutor’s office stipulates to sealing your Nevada criminal record, we will submit your petition to the proper Court for execution and entry of the appropriate order(s). If the subject prosecutor’s office refuses to stipulate, we will request a hearing with the appropriate Court and ask the Judge to grant your petition notwithstanding the prosecutor’s position. If the Court grants your petition to seal your Nevada criminal record(s), we will prepare and submit formal order(s) for the Court’s signature. We will then mail the order(s) sealing your Nevada criminal record(s) to all of the appropriate agencies (police departments, justice courts, municipal courts, District Court, Parole and Probation, Nevada Department of Corrections, etc.).
If the Court denies your petition, you will have to wait a statutorily prescribed period of two years before you can re-petition. Additionally, you cannot petition the Court to seal a Nevada criminal record more than two times.