Can I Get My Criminal Charge Expunged?
In some states, you may be able to get the record of a past misdemeanor or felony expunged or sealed. If your record is expunged, it is entirely removed from the system and can no longer be accessed at all. Having your record sealed, on the other hand, is a weaker remedy which removes access to your record in normal circumstances. Employers will not see your criminal record when they carry out a background check, but the record still exists and can be accessed by certain government agencies.
It is possible to get your criminal record sealed under certain conditions, but it is not possible to get your record expunged under Nevada law. The process for getting your record sealed depends on the circumstances. If you were acquitted of the charge or it was dismissed, you can apply to the court at any time after the acquittal or dismissal for the record of your arrest and the proceedings to be sealed. If you were convicted of the charge, you can apply to the court for the sealing of your criminal record after a period of time has lapsed, depending on the nature of the charge:
- Category A or B felony. You can apply after 15 years have passed from the date of your release from jail or discharge from parole.
- Category C or D felony. You can apply after 12 years have passed from the date of your release or discharge.
- Category E felony. You can apply after seven years have passed from the date of your release or discharge.
- Gross misdemeanor, DUI or domestic violence misdemeanor. You can apply after seven years have passed from the date of your release or lifting of your suspended sentence.
- Other misdemeanors. You can apply after two years have passed from the date of your release or the lifting of your suspended sentence.
In the case of a conviction, you cannot get your record sealed if you have any convictions or pending charges from the period you are released until the date you become eligible to apply. If your conviction was related to a crime against a child or was a sexual offense, you are not eligible to apply to have your record sealed under any circumstances.
To find out how to get your criminal record sealed in Nevada, arrange a consultation with an experienced Reno criminal defense lawyer.