Criminal Record Sealing Can Be a Long Process but Worth It
The criminal record sealing process restores your civil rights and gets you back to life before the conviction. If you’ve been convicted of a crime, you know that potential employers will discriminate against you and college admissions boards will overlook you and deny you entrance into certification programs. Some property managers may not even rent a home or an apartment to you because of your criminal record. If you’ve been convicted of a felony then you’ve also lost the right to vote, serve on a jury, hold office, and own a gun.
Completing the Criminal Record Sealing Process
It takes multiple steps and several months to complete the criminal record sealing process and this is after you have waited the required amount of time. It is a good idea to seek an experienced criminal lawyer that can help you navigate this process. However, once your record is sealed you can legally tell future employers and everyone else that you have no criminal background. Having your record sealed means that your criminal record is no longer accessible to the public. Once completed, your right to vote, serve on a jury, and hold office are restored. However, to get your gun rights back you will need to additionally seek a Governor’s Pardon. This too can be a lengthy process but well worth it.
Waiting Periods for the Criminal Record Sealing Process
The severity of the crime is what dictates the length of wait time for the criminal record sealing process to begin. Cases ending in dismissal or acquittal can be sealed immediately, however serious convictions have a 10 year wait period before you can even begin the process. The following is a list of crimes and how long someone must wait before beginning the criminal record sealing process:
- Acquitted Cases or Cases Dismissed – Immediately
- Most Misdemeanors– 1 Year
- Gross Misdemeanor, Category E Felony, Misdemeanor Battery, Stalking, Harassment, and Violation of Protection Order– 2 Years
- Category B, C, D Felonies– 5 Years
- Misdemeanor DUI and Domestic Battery – 7 Years
- Category A Felony, Burglary of a Residence, and Felony Crimes Involving Drugging Another– 10 Years
Steps to Completing the Record Sealing Process
Obtain a current, verified copy of the petitioner’s criminal history called a SCOPE. If any of the criminal charges resulted in a conviction, a “judgment of conviction” sometimes may be required.
Review the SCOPE and determine which court within the Nevada judicial system to petition. If you have convictions you want to seal, you should contact an experienced record sealing lawyer to help navigate this process. Petitioning the wrong court will be denied and you will have to start over. The SCOPE is only valid for 30 days, so this could be a real set back.
Compose a petition, affidavit, and order. These documents must be typed and contain all the petitioner’s arrests, the arresting police agency or agencies, date of arrest, criminal charge, and final disposition of each arrest. The petition must also list all the agencies that have copies of the petitioner’s criminal records. Finally, sign and date the petition and affidavit, and make copies of each document and the proposed order.
Mail or submit your petition in person to the District Attorney’s office and attempt to get them to stipulate to the petition to seal.
If the District Attorney’s office mails back a signed stipulation to seal, take all the paperwork mailed to you to the court clerk. They will hand it over to a judge to review and hopefully sign off on the order. Once signed you will then be responsible for distributing signed copies to all the agencies that have copies of your criminal record.
If the District Attorney’s office did not sign the stipulation to seal, they will usually let you know why. The paperwork might have been filled out incorrectly. If so, fill it out correctly and resubmit. However, if the District Attorney indicates they won’t stipulate, you will have to ask for a judicial hearing and argue for the criminal record sealing.
Jesse Kalter is Ready to Fight for Your Freedom
Your freedom means everything to you. Having a conviction on your record is a severe impediment to that freedom. Jesse Kalter has gotten countless charges sealed and restored the civil rights of many Nevadans. His tenacious pursuit of justice gets people back to their lives and he can do the same for you. He is available to serve the people of Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern Nevada rural counties.
Ensuring Your Record is Sealed Correctly Takes an Experienced Lawyer.
Contact Jesse Kalter Today for a Free Confidential Case Evaluation and Consultation
CLICK HERE to Contact Him Online or Call 775-331-3888
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