How Long Does a Nevada DUI Stay on My Record?
Getting a DUI in Nevada can have long-lasting effects. One that most people are concerned about is their criminal record. A DUI in Henderson or Las Vegas will be on your record until it is sealed. In this blog post, we'll talk about the following:
- How long a DUI must stay on your record
- Sealing a Nevada DUI
If Henderson or Las Vegas is charging you with a DUI, reach out to Goodwin Law Group immediately! Our DUI Defense attorney Charles Goodwin may be able to prevent a DUI conviction entirely. Call today for a free case assessment!
How Long Does a Nevada DUI Stay on My Record?
A Nevada DUI can stay on your record forever if you do not seal it. DUIs do not just disappear. If a Las Vegas or Henderson judge finds you guilty of a DUI, it will always be on your record. A Nevada DUI can be sealed off your record by a DUI Defense lawyer, but it can only be sealed after seven years. That is because a Nevada DUI is an enhanceable misdemeanor.
An enhanceable misdemeanor means that the prosecutor will enhance your penalties if you get another Nevada DUI in Henderson or Las Vegas within the seven-year time frame. If you get a third Nevada DUI in seven years, then it is a felony. ALL THREE DUIs MUST BE IN THE SEVEN YEAR RANGE! The seven-year date begins from when the CASE IS CLOSED, not from when you were arrested.
DUI Defense Attorney Charles Goodwin explains how Nevada DUI's enhancements work:
John was arrested for a DUI in April of 2013. He was convicted in September of 2013. John completed all of his requirements and the case was closed in January of 2014. John was again arrested for a DUI in Las Vegas in December of 2020 that closes in March of 2021. It will be charged as a DUI Second Offense because it has only been six years 11 months since his last DUI in Nevada. He is just short of the seven year period.
John will be charged with a DUI Second Offense for his second DUI. However, once he passes over the January 2021 seven-year mark, his first DUI falls off. DUI Defense lawyer Charles Goodwin further explains how another DUI will work:
Returning to John, let's pretend he gets another DUI in September of 2022 that closes in December 2022. He still has a DUI from Las Vegas that was closed in March 2021. However, he has passed the seven year threshold to charge him for a DUI third in Nevada. He will once again be charged for a DUI Second offense.
John will have to keep both of those Nevada DUIs on his record for the next seven years. The courts will also be reluctant to seal the first DUI he had from 2013 until ALL DUIs are eligible to be sealed. However, only DUI misdemeanors are eligible for sealing.
If you are unsure if your Nevada DUI is eligible for sealing, contact Goodwin Law Group today. Our experienced DUI defense attorneys can help answer your questions and look through everything to tell you what is sealable and what is not.
Sealing a Nevada DUI
If your DUI from Las Vegas or Henderson is eligible for sealing, then the next step is to seal it. ONLY DUI First Offense or DUI Second Offense is eligible for sealing. If you have a felony DUI in Nevada, it cannot be sealed.
The sealing process in Nevada takes about a year. That is because there is a lot of administrative work. After about one year, your record should be sealed, and your DUI in Nevada should not be accessible to most people. However, there are instances where the sealed records can be seen. The organizations that still have access to your sealed Nevada DUI:
- Immigration and Custom Enforcement
- Nevada Gaming Control Board if the charge related to gaming, to determine suitability for receiving a gaming license, or obtain a gaming distributor's license.
- Nevada Division of Insurance may look into a sealed record to determine suitability to receive an insurance license.
- A Prosecutor may look into sealed records if they are charging you for leaving a child unattended in a motor vehicle. The sealed charge was related to leaving a child unattended in a motor vehicle.
- The Central Repository for Nevada Criminal History may look into sealed records and report them to employers if the charges are sexual.
- Police officers may inspect records in the ordinary course of their business.
- The Parole Board may inspect records when contemplating granting a pardon if the record were sealed prior.
Most of these requirements will not apply to a sealed DUI, mainly because the sealed records viewed by the Nevada Gaming Control Board and the Nevada Division of Insurance can only be considered if it relates to licensure.
If you are charged with a DUI in Las Vegas or Henderson, contact Goodwin Law Group today! If you hire a DUI Defense Lawyer like Charles Goodwin, you can drastically increase your chances of not being convicted of a DUI in Nevada. The best way to ensure that your record is protected is not to get a DUI! Contact Goodwin Law Group today to get a free case assessment.