Record Sealing
Record sealing in Nevada is done to prevent prior arrests and convictions from appearing in background checks. This allows applicants to legally deny ever having a criminal record.
How A Criminal Record Is Sealed In Clark County, Nevada
The record sealing process is highly-detailed and is best handled by an attorney, since one mistake could delay the process by months.
The first is to obtain a current, verified copy of the petitioner’s criminal history, called a SCOPE. A SCOPE contains information about the arrest, such as date of arrest, criminal charges, and convictions. If the defendant was convicted, then the petitioner must also obtain a judgment of conviction and discharge. The discharge papers are obtained from the District Court Clerk.
The next step is to read the SCOPE to determine which court within the Clark County judicial system the petitioner will have to contact. If there is only one court recorded in the SCOPE, then the petitioner only needs to file the record seal petition in that court. But defendants with multiple courts in their record will need to consult with an attorney to determine which court to petition.
The third step is to compose an affidavit, petition, and order. Templates for these documents can be downloaded at the Clark County District Attorney’s Record Sealing website. The petitioner will need to type in the following information:
- Arrest(s)
- Date of arrest(s)
- Agency or agencies that performed the arrest
- Criminal charge(s)
- Final disposition of the arrest(s), such as acquittal, conviction, or dismissal
If the SCOPE doesn’t list a final disposition, then the petitioner needs to contact the law enforcement agency that arrested the defendant or the court where the arrest was filed.
The petition and order should list every agency that has a copy of the petitioner’s criminal record. The petitioner then needs to sign and date the petition, affidavit, and order, and make three copies of each document.
The fourth step is to mail or drop off the paperwork at the District Attorney’s Office. The paperwork should include:
- The SCOPE
- The judgment of conviction and discharge (if the defendant was convicted)
- The original petition, affidavit, and order, and three copies of each
The District Attorney’s office will review the petition, keep a copy of everything, and mail back the originals and excess copies.
If the District Attorney signs the order to seal, then the office will mail a signed order to seal and submit all paperwork to the court clerk, who will then pass it to the judge. The judge will typically agree to sign the order. Once the judge has signed the order to seal, then all forms will be returned to the petitioner. It is the petitioner’s responsibility to distribute signed copies of the order to all agencies with copies of the petitioner’s criminal records. The agencies must then remove the criminal record from their databases.
If the District Attorney doesn’t sign the order seal, they will send a short explanation to the petitioner. If the reason is because the petitioner failed to correctly fill out the forms, then they will resend the corrected paperwork immediately.
If the District Attorney says the petitioner is ineligible for a seal, the petitioner may ask for a judicial hearing to seal the record. Petitioners should only do so with a criminal defense attorney, since it is difficult to win a record seal hearing without a District Attorney’s approval.
Schedule a Consultation
Contact Moskal LawCall, text, or leave a message
Disclaimer: The information contained on this website is provided for informational purposes only, and should not be construed as legal advice on any matter.
Copyright © 2024 Moskal Law, All rights reserved. | Privacy Policy | ADA Disclaimer | Powered by: Dynamo Web Solutions
