Now It’s Easier to Seal a Criminal Record in Las Vegas: New Nevada Law Shortens Waiting Periods & More
A criminal conviction on your record can negatively impact your life. But, if you have a Nevada conviction, sealing your record may just have become easier. A new law went into effect on October 1, 2017. It significantly shortened most of the waiting periods that apply to requesting to seal a criminal record. The law also includes other provisions that apply to the process. Las Vegas criminal defense attorney Joseph Gersten wants to make sure the news about the changes reach everyone who may be eligible to request that a record be sealed.
Important Changes in Nevada Law on Sealing Criminal Records
In passing the changes to the law, the Nevada Legislature declared that public policy favors giving second chances to rehabilitated offenders and sealing the criminal records of those offenders. In addition to significantly decreasing many of the statutory waiting periods for filing a request to seal a record, the new law includes other substantial changes:
- There is now a presumption in favor of sealing records when all the statutory requirements are met, if the offender was honorably discharged from probation.
- An offender dishonorably discharged from probation may now apply to have records sealed, but the presumption noted above does not apply. Previously, a dishonorable discharge from probation prevented an offender from filing any request to seal records.
- The law also created a new process for submitting a single request for sealing records in multiple jurisdictions.
New Waiting Periods for Sealing a Criminal Record in Las Vegas
In Nevada, there are specific waiting periods after a case closes before you can apply to have the record sealed. There are other requirements too, but the time limits are especially important. In many cases, the new waiting periods are significantly shorter than previously. The new statutory waiting periods are:
Category A Felony / Crime of Violence / Burglary
The waiting period is now ten (10) years — reduced from fifteen (15) years — for these offenses:
- Category A felony
- Crime of violence under NRS 200.408
- Burglary under NRS 205.060
Category B, C, or D Felony
For a Category B, C, or D felony, the new waiting period is five (5) years — reduced from fifteen (15) years for a B felony and from twelve (12) years for a C or D felony.
Category E Felony
For a Category E felony, the waiting period is now two (2) years — reduced from seven (7) years.
The new waiting period for a gross misdemeanor is two (2) years — reduced from five (5) years.
Non-Felony DUI / Non-Felony Battery Domestic Violence / Non-Felony Medicaid-related Offenses
For these offenses, the waiting period is seven (7) years:
- Non-felony DUI-related offenses: violation of NRS 484C.110 or 484C.120 (no change in waiting period)
- Non-felony battery domestic violence under NRS 33.018 (no change in waiting period)
- Certain non-felony Medicaid-related offenses: violation of NRS 422.540 to 422.570
Misdemeanor Battery / Harassment / Stalking / Violation of a Temporary or Extended Order for Protection
For these charges, if the offense is not covered under one of the prior categories, the waiting period is two (2) years:
- Misdemeanor battery under NRS 200.481
- Harassment under NRS 200.571
- Stalking under NRS 200.575
- Violation of a temporary or extended order for protection
Previously, the waiting period for these offenses was as much as five (5) years, when the offense constituted a gross misdemeanor.
For misdemeanors not covered in other categories above, the waiting period is now one (1) year — reduced from two (2) years.
Requirements and Eligibility
In addition to the statutory waiting period, there are other requirements that need to be met before the court will seal a criminal record. Visit our page about sealing Nevada criminal records to learn more about the other requirements and eligibility for having a record sealed, the process, and benefits.
Talk With a Las Vegas Attorney About Sealing a Nevada Criminal Record
Las Vegas criminal defense attorney Joseph Gersten has extensive experience getting criminal records sealed. If you would like to explore your options under the new law or have questions regarding sealing Nevada criminal records in Las Vegas or elsewhere in Clark County, contact Attorney Gersten to schedule a free consultation.