When a criminal record casts a shadow over your life, it can feel like an invisible chain. It might prevent you from getting the job you want, the apartment you need, or even volunteering at your child’s school. That feeling of being held back, long after you’ve paid your debt to society, is a silent burden many carry.
At The Law Offices of Michael I. Gowdey, LTD, we understand this frustration profoundly. I’m Michael Gowdey, and for over 30 years, my firm has been dedicated to helping individuals in Las Vegas and across Nevada break free from their past criminal records. You paid your dues. Now, it’s time to reclaim your future. This guide will clarify the crucial difference between expungement and sealing, explain why a clean record is essential, and provide a clear roadmap to achieving a fresh start in Las Vegas.
The Invisible Chain: Sealing Your Criminal Record in Las Vegas, NV
Imagine this: You made a mistake, you went through the court system, you served your time, you paid your fines. You’ve moved on, built a new life, maybe started a family. But that old criminal record? It can follow you like an invisible chain, popping up on background checks, causing job applications to mysteriously disappear, or apartment doors to close.
It’s a stark reality for millions of Americans. Surveys show a whopping 92% of employers check criminal records when hiring for some or all positions (Source: Nolo, referencing employer surveys). If a prospective employer finds an arrest or conviction record, it can be incredibly difficult to compete in today’s job market. This isn’t just about jobs; a criminal record can also limit housing opportunities, professional licenses, and even civic rights like serving on a jury.
In Nevada, the way to break this chain is through record sealing. While some states use the term “expungement,” Nevada law primarily uses “sealing.” It’s vital to understand the difference.
Expungement vs. Sealing: Understanding the Nevada Difference
Many people use the words “expungement” and “sealing” interchangeably, but in Nevada, there’s a key legal distinction you need to know.
- Expungement (Not Used in Nevada Law): In states that allow expungement, it means the record is essentially destroyed or erased from the system as if it never happened. It vanishes.
- Sealing (What Nevada Does): Nevada law does not allow for the expungement of criminal records. Instead, it allows for records to be sealed. When a record is sealed, it is not destroyed. Instead, it is made inaccessible to the general public. This means it won’t show up on most background checks conducted by employers or landlords. While law enforcement agencies, courts, and certain government agencies can still access sealed records under limited circumstances (like criminal investigations or sentencing for a new crime), for almost all practical purposes, you can legally deny the existence of the arrest or conviction on applications or under oath. This provides a truly fresh start for your everyday life.
Why Your Criminal Record is Holding You Back (and How Sealing Helps)
Your past doesn’t have to define your future. Sealing your criminal record offers truly life-changing benefits:
- Improved Employment Opportunities: This is often the biggest motivator. With a sealed record, past arrests or convictions are generally no longer visible to potential employers. This levels the playing field, allowing your skills and experience to shine through without immediate prejudice. You can often legally answer “no” when asked about past convictions on job applications.
- Enhanced Housing Opportunities: Landlords frequently run background checks. A criminal history can lead to discrimination or denial of housing. Sealing your record significantly improves your chances of securing better housing options and establishing a stable living environment for yourself and your family.
- Professional Licenses and Education: Many professional licensing boards (for fields like nursing, teaching, real estate, or finance) conduct thorough background checks. A criminal record can be a serious obstacle. While some licenses may still require disclosure of sealed records, having it sealed demonstrates rehabilitation and significantly improves your chances compared to an open record. It also removes barriers to educational opportunities.
- Restoration of Civil Rights: In Nevada, sealing your record can restore crucial civil rights that you might have lost, such as the right to vote, the right to hold public office, and the right to serve on a jury.
- Privacy and Peace of Mind: Perhaps most importantly, sealing your criminal record brings immense peace of mind. Knowing that your past mistakes are no longer readily available for others to uncover or judge allows you to truly move forward with confidence and privacy.
Who Is Eligible? Navigating Nevada’s Sealing Requirements
Not every criminal record is eligible for sealing in Nevada, and the waiting periods vary significantly based on the severity and type of offense. The waiting period generally begins after you have completed all terms of your sentence, including any jail time, probation, payment of fines, and any court-mandated programs.
Here’s a general overview of waiting periods for common offenses in Nevada (NRS 179.245):
- Most Misdemeanors: 1 year after the case closes.
- Gross Misdemeanors & Category E Felonies: 2 years after the case closes.
- Most Category B, C, or D Felonies: 5 years after the case closes.
- Misdemeanor DUI & Misdemeanor Domestic Violence: 7 years after the case closes.
- Category A Felonies, Residential Burglary, Felony Crimes of Violence: 10 years after the case closes.
Important Exceptions – What Cannot Be Sealed:
- Felony DUI convictions: A third DUI offense (a felony) or a DUI causing serious bodily injury/death cannot be sealed in Nevada. This is a critical distinction from misdemeanor DUIs.
- Crimes Against Children & Sexual Offenses: Convictions for crimes against children or sexual offenses that require registration as a sex offender are generally never eligible for sealing.
Even if your charges were dismissed or you were found “not guilty,” you can often petition to seal those records immediately without a waiting period. This is essential to prevent arrests from appearing on your record.
The Sealing Process: A Step-by-Step Roadmap to a Fresh Start
The process of sealing a criminal record in Nevada can be complex and time-consuming, often taking several months. While you can attempt to do it yourself, having an experienced attorney ensures it’s done correctly and efficiently.
Here’s a simplified roadmap of the typical steps:
- Determine Eligibility: The very first step is a meticulous review of your criminal history to confirm if your conviction or arrest is eligible for sealing under Nevada law and if the required waiting period has passed.
- Obtain Your Criminal History: You will need a current, verified copy of your criminal history report from the Nevada Department of Public Safety (DPS).
- Prepare and File the Petition: Your attorney will prepare a formal Petition to Seal Records, along with an affidavit and a proposed Order to Seal. This is filed with the court where your conviction occurred.
- Serve the District Attorney: The District Attorney’s office in the county where your conviction occurred must be formally served with the petition. They have the right to object to your request. If they object, a court hearing will be scheduled.
- Court Review and Decision: The court reviews your petition and any objections. If a hearing is held, your attorney will present your case to the judge, addressing any concerns. The judge decides whether to grant the order to seal.
- Distribute the Order: If the judge grants the petition, the signed order is sent to all relevant agencies (local police, sheriff’s department, Nevada Highway Patrol, FBI, etc.) instructing them to seal your records. Your attorney will ensure proper distribution.
Beyond the Basics: Important Nuances in Nevada Sealing Cases
- DUI Convictions: As mentioned, misdemeanor DUIs can be sealed after 7 years. However, a third felony DUI (or any DUI causing injury/death) generally cannot. This distinction is crucial.
- Out-of-State Convictions: Nevada courts cannot seal convictions that occurred in other states or in federal court. You would need to pursue relief in that specific jurisdiction.
- Compliance is Key: You must have completed all terms of your sentence – probation, parole, community service, fines, classes – before the waiting period even begins. Any outstanding obligations will prevent sealing.
- Prosecutor Objections: While rare for eligible cases, the District Attorney can object. Having an attorney like Michael Gowdey by your side significantly improves your chances of overcoming any objections from the DA’s office.
Why Choose Michael Gowdey to Seal Your Record?
Sealing your criminal record in Las Vegas is one of the most powerful steps you can take to reclaim your future. It’s a complex legal process that demands precision and experienced advocacy.
- 30+ Years of Focused Experience: I’ve spent over three decades personally helping individuals navigate complex legal challenges, including countless record sealing petitions. I understand the nuances of Nevada law and the local court system that gives you the best chance for a successful outcome.
- Direct Access to Your Attorney: When you hire my firm, you get direct access to me, Michael Gowdey. You won’t be passed off. I handle your case personally, ensuring open communication and dedicated support.
- Meticulous Attention to Detail: The record sealing process requires absolute accuracy in documentation and adherence to strict procedures. My firm ensures every step is completed correctly, avoiding common pitfalls that lead to denials.
- Strategic Guidance: I provide personalized guidance on whether you are eligible, what your best options are, and how to present your case most effectively to the court.
- Comprehensive Support: From obtaining your criminal history to filing the petition, serving the DA, and ensuring the order is distributed to all agencies, my firm handles the entire process, allowing you peace of mind.
Don’t let your past hold you back from the future you deserve. If a criminal record is an invisible chain limiting your opportunities in Las Vegas, it’s time to act. Call The Law Offices of Michael I. Gowdey, LTD today for a free, confidential consultation. Let’s discuss your eligibility and start building your path to a fresh start.
Disclaimer: The information provided in this blog post is for informational purposes only and does not constitute legal advice. You should consult with a qualified attorney to discuss your specific situation