Las Vegas DUI Expungement Lawyer
Experienced Criminal Defense Lawyer Assisting Clients with the Expungement and Record Sealing Process
We all make mistakes. But if you’ve been convicted of a crime, whether that criminal conviction was for a misdemeanor DUI or a felony DUI, these criminal charges will stay on your permanent criminal history. As a result, your past criminal charges will have a lasting negative impact on your entire life moving forward, denying you the chance to work for certain potential employers, obtain professional licenses, work for certain agencies, hold office, and more. Simply moving on emotionally from your DUI offense can be a difficult challenge, but that is nothing compared to how your criminal arrest record follows you and impacts your life. That is why so many people in Las Vegas, NV, turn to an experienced criminal defense attorney to help seal their criminal record.
What is the Difference Between a Pardon, Expungement, and Getting Your Record Sealed in Las Vegas, NV?
In legal terms, expungement is the permanent removal of a criminal conviction after completing probation and parole obligations and entering a not-guilty plea. Expunging a criminal record essentially erases the record completely, almost as though it never existed in the first place.
However, the state of Nevada currently does not allow for the expungement or deletion of criminal records. Instead, those with a criminal history are encouraged to take legal action to seal records from background checks and public view, thus restoring some of their rights and granting them a clean slate in the eyes of a potential employer.
Getting your record sealed is your only option in Nevada. Just the same, however, sealing your criminal record still offers you many of the similar benefits granted by expunging your criminal history.
To learn more about the differences between expungement and record sealing, we encourage you to contact our legal team to discuss your questions and concerns in a free initial consultation today.
On the other hand, a pardon forgives a criminal conviction and removes the limitations placed on a person because of that conviction. A pardon does not overturn the court’s judgment in the criminal conviction, and the crime will still be evident on the record, but the crime has been forgiven.
How Can Having a DUI on Your Criminal Record Negatively Affect You and Your Prospects in Nevada?
If you have a previous criminal or DUI conviction, your past DUI conviction will become immediately known to law enforcement officers, which can affect how they treat and respond to you at a traffic stop.
A previous criminal conviction can also result in the loss of certain legal rights, such as the right to vote, serve on a jury, hold office, or possess a firearm.
Old criminal convictions, including those for offenses you made as a minor, may still show up on routine background checks. Such criminal charges showing up on a background check can negatively impact your chances of gaining employment with prospective employers, succeeding with a housing application, seeking credit loans, and pursuing educational opportunities.
Just think about all the embarrassing questions you may be asked about your criminal past in a job interview with a prospective employer. You must legally disclose any information about a past criminal conviction.
All of these challenges can be avoided by sealing your criminal records with the help of a DUI expungement attorney. To learn more, please get in touch with our Las Vegas law firm to schedule your free case review today.
What Are the Benefits of Sealing Your Criminal Records?
Once your criminal records are sealed, you will have many Nevada rights restored to you, including the reinstatement of the right to vote, the right to hold office, the privilege of serving on a jury of your peers, and the right to deny a criminal record on any future job application.
Perhaps the chief reason to consider having your records sealed is the many job opportunities it presents you if you do so. If you have sealed your records, you can answer ‘no’ to all questions regarding whether you have ever been arrested or convicted of a criminal offense. This is possible because the potential employer can no longer access your sealed records in any background check.
Are You Eligible to Have Your DUI Records and Criminal Records Sealed?
The category of crime that was committed plays a significant role in whether or not a person is eligible to have their records sealed. Additionally, whether criminal charges are still pending, whether the defendant has completed their parole obligations, and when they were released from custody or probation can play a role in whether they are eligible to have their records sealed.
To better understand your eligibility and whether you meet the criteria to have your record sealed, don’t hesitate to contact our law firm for legal assistance.
When Can You Not Seal Your Record?
Certain types of criminal convictions cannot be sealed under any circumstances.
For example, crimes committed against children under the age of 18, including kidnapping, false imprisonment, prostitution, or pandering, are criminal offenses that cannot be sealed.
Additionally, certain sexual offenses cannot be sealed in Nevada. If you’ve committed sex crimes against anyone under the age of 18, this criminal history cannot be sealed.
What Criminal Offenses and DUI Convictions Can Be Sealed with the Help of an Expungement Lawyer?
In Nevada, the general public can see your DUI conviction. But once a court approves the petition to seal your records, the record of that conviction will be hidden from various databases, rendering your criminal history unavailable to the general public.
Nevada allows DUI convictions to be sealed after a seven-year waiting period following a first or second misdemeanor DUI conviction.
A felony DUI conviction cannot be sealed in the state of Nevada. Felony DUI convictions include third and further offenses for DUI’s, as well as any DUI case where the drunk driver caused a fatality or serious injury.
What is the Record Sealing Process in Nevada?
The first step is to obtain a verified copy of your criminal history from the Las Vegas Metropolitan Police Department. A petition, affidavit, and order that includes all the arrests you wish to be sealed, the dates of those arrests, your criminal charges, which police or government agency arrested you, and the final disposition of each arrest you want to be sealed.
Then, you must deliver all of this information to the Las Vegas District Attorney’s office. After a time period of somewhere between four to eight months, you may expect a response from the courts either approving or denying your request.
The waiting periods and process for petitioning to have your records sealed can be complex and difficult to navigate. It is highly recommended that you retain professional legal counsel from experienced criminal defense attorneys when going through the process. Contact our law firm for legal guidance.
How Long Does It Take to Seal Your DUI Record?
Before you attempt to seal your criminal record in Las Vegas, you must fulfill the terms of your sentence. And then, once your sentence is complete and the criminal case is closed, the clock starts ticking on when you will be allowed to seek to have your record sealed. Different waiting periods must pass for each offense before you can petition the court to have your records sealed.
For example, misdemeanor domestic violence charges require a seven-year waiting period before the defendant can seek to have their Nevada criminal record sealed. Similarly, a misdemeanor DUI requires seven years. A gross misdemeanor, on the other hand, requires only two years. The waiting time for a felony Category A is a full decade, however.
Who Can See Sealed Records in Nevada?
Certain government agencies, such as the Nevada Gaming Control Board, have the right to access a person’s sealed criminal record to determine their fitness to hold a professional gaming license.
Additionally, prosecutors and others involved in a DUI incident have the legal right to petition the court to open sealed records to find information relevant to the criminal case.
Schedule a Free Case Evaluation with an Experienced DUI Expungement Attorney Today
Our Las Vegas, Nevada, law firm has extensive experience providing legal counsel to clients seeking to have their records sealed and their potential for the future restored. As your lawyers, we will work to have your records sealed, granting you a new lease on life free from the negative effects of your DUI criminal convictions.
Goodwin Law Group will review your criminal case and determine whether your criminal record is eligible to be sealed. First, we will review the differences between sealed and expunged records. Then, your Las Vegas expungement attorney will help you petition the court to have your record sealed.
To learn more about criminal record sealing and the legal services that our law firm provides, we encourage prospective new clients to contact our Las Vegas law offices to schedule free, no-obligation case evaluations. 702-819-8242.