A criminal conviction record has a negative impact on various aspects of your life. Fortunately, if you were convicted in Nevada, sealing your criminal record is now easier, according to a recent law that went into effect on October 1st, 2017.
The law significantly shortened the waiting period that applies to the request to seal one’s criminal record. It also includes different provisions that apply to the entire process of sealing a criminal record. This is good news to people who were charged, for example, with misdemeanor DUI or another criminal offense and would want their criminal records expunged.
In passing some of the necessary changes to the law, Nevada declared that the policy favors offering second chances to rehabilitated convicts and sealing their criminal records. Here are other changes in the new law.
- A presumption in favor of sealing a criminal record if all the statutory conditions are met, especially if the convict was honorably discharged from probation.
- A convict who was dishonorably discharged from probation can now apply to have his or her criminal records sealed. However, the presumption (i) does not apply. Previously, if you were dishonorably discharged from probation, you couldn’t file a request to seal your criminal records.
- The new law presents a new process for submitting a request for sealing criminal records in many jurisdictions.
Currently, there are particular waiting periods after your case has been closed before you can submit a request to seal your criminal records. There are varying conditions too, but the timeframes are particularly important. The good news is, the new waiting durations are shorter than before. The new waiting periods are as follows;
- For category A felony, burglary or crime of violence, the waiting period has been reduced from 15 years to 10 years for all category A felony charges, the crime of violence according to the NRS 200.408, and burglary according to the 2015.060.
- For category B, C, and D felony, the waiting period has been reduced from seven years to two years.
- For a gross misdemeanor, the new waiting period is two years, reduced from half a decade.
- For non-felony battery domestic violence, non-felony DUI, and non-felony medical related offenses, the new waiting duration is seven years for the following offenses.
- Non-felony domestic violence (according to the NRS 33.081), there is no variation in the waiting period.
- Non-felony DUI offenses (violation of the NRS 484C.120 OR 484C.110), there is no change in waiting duration.
- Specific non-felony medical crimes (different violations of the NRS 422.540 to NRS 422.570)
- For misdemeanor stalking, battery, violation of an extended or temporary order for protection and harassment, the new waiting period is two years for the following offenses.
- Stalking (NRS 200.575)
- Misdemeanor battery (NRS200.481)
- Violation of an extended or temporary order for protection
- Harassment (NRS 200.571)
In addition to the set waiting duration, there are other requirements that you must meet before the court of law seals your record. Talk to your lawyer and find out if you meet all the eligibility criteria.