You cannot seal the records for severe crimes in Nevada. Many of these crimes will remain permanent on your record unless you can get them removed through a pardon or other special legal circumstances. Otherwise, you can expect to have a really difficult time reintegrating into society.
Fortunately, there are still options that allow convicted individuals to get some post-conviction relief. For instance, your Las Vegas lawyer may advise you that you can get your sentence reduced to a sealable offense.
Reduce to a Sealable Offense?
Yes, your lawyer can help you get your conviction down to a sealable offense. In most cases, this may involve a plea deal with the court, where the defendant can admit their guilt in a charge in exchange for a reduced or less severe sentence. In the case of a post-conviction hearing, the defendant can contend that proper procedure was not followed, or they were not properly advised on how the proceedings went down. Such situations can lead to a reduction of the sentence or a retrial, depending on the circumstances. These reduced charges give a chance for the defendant to get a sealable offense.
Do I have to wait before I can Seal my Case?
Just like standard convictions, sentences reduced from unsealable charges have a cooldown period before they can be eligible for sealing. The cooldown period always depends on the severity of the crime, regardless of the type of crime committed. The common waiting periods are listed below.
Crimes reduced to misdemeanors can be sealed after one year.
Gross misdemeanors, minor felonies, and minor domestic violence cases require two years.
Crimes downgraded to D, C, and B felonies cannot be sealed until five years have passed.
Misdemeanor DUI cases and battery charges require seven years.
All other crimes short of unsealable charges require a ten-year cooldown.
What Are the Consequences for Me?
Unsealable convictions have serious consequences on a person’s life down the line. On top of making it difficult to regain employment, you are also barred from voting, running for a government position, regaining your license, or serving on a jury. It will be hard to regain your footing with a conviction permanently on your record.
On the other hand, getting a record seal can partially bring back some of your rights. You can potentially seek a job or regain a driver’s license as soon as the records are sealed. However, some of your rights may still be curtailed; for example, you are still barred from owning a firearm.
For people with severe criminal charges, getting a reduced sentence is the best way to avoid more severe punishments. It is best to ask a competent lawyer to find the best step to have your charges reduced.