Sealing a DUI Record in Nevada: How a Las Vegas DUI Lawyer can help
If you have been convicted of driving under the influence (DUI) in Nevada, you may feel the weight of that conviction following you for years. From employment challenges to housing difficulties, a DUI on your record can significantly impact your life. However, Nevada law provides an opportunity for individuals to seal their DUI conviction records, offering a path to a fresh start. At Hofland & Tomsheck, attorney Josh Tomsheck is a nationally board-certified criminal defense lawyer with extensive experience in DUI defense and record sealing. This page will explain the process of sealing a DUI record in Nevada and how Josh Tomsheck can help you regain control of your future.
What Is Record Sealing?
Under Nevada law, record sealing makes your criminal record inaccessible to the general public, meaning most employers, landlords, and financial institutions won't see the conviction in background checks. Record sealing is not the same as expungement, as the record still exists and can be accessed by law enforcement or in limited legal circumstances. However, sealing your record allows you to legally deny the existence of the conviction in most cases, providing a significant advantage in improving your future prospects.
NRS 179.245 outlines who may petition for record sealing in Nevada, specifying the requirements and waiting periods for different offenses, including DUI convictions.
Eligibility for Sealing a DUI Record in Nevada
Nevada law allows for the sealing of most DUI convictions after a waiting period has passed. The waiting period begins after you have completed all terms of your sentence, including any jail time, probation, fines, and any court-mandated programs.
First-Time Misdemeanor DUI (NRS 484C.110)
Waiting Period: A first-time misdemeanor DUI conviction can be sealed 7 years after the case closes. This waiting period begins after the completion of probation, payment of fines, or any other requirements imposed by the court. (See NRS 179.245(1)(a)).
Second Misdemeanor DUI (NRS 484C.400)
Waiting Period: Like a first-time DUI, a second misdemeanor DUI conviction is also eligible for sealing 7 years after the case closes, provided all terms of the sentence are completed. (See NRS 179.245(1)(a)).
Felony DUI (NRS 484C.410)
Not eligible: For felony DUI offenses, including a third DUI or DUI resulting in significant injury or death, the record is NOT eligible for record sealing. In addition to the more harsh punishments for a conviction, Nevada law makes these offenses substantially more serious because it is permanent and cannot be sealed. (See NRS 179.245(1)(b)).
Why Seal Your DUI Record?
Sealing your DUI record can provide numerous benefits, including:
Employment Opportunities: Many employers perform background checks as part of the hiring process. A DUI conviction can hurt your chances of securing a job. Sealing your DUI record means it won't appear in most employment screenings.
Housing: Landlords frequently run background checks, and a criminal conviction can make it difficult to secure housing. With a sealed record, you can apply for housing without the stigma of a past DUI.
Financial Opportunities: Some financial institutions may review criminal records before approving loans or credit. A sealed record can help you qualify for better loan terms and financial opportunities.
Peace of Mind: Once your record is sealed, you can move forward with your life knowing that your DUI conviction won't hold you back.
The Process of Sealing a DUI Record in Nevada
Sealing a DUI record in Nevada involves several steps, each governed by Nevada's statutory requirements. Below is an overview of the steps, and it's important to consult an experienced attorney like Josh Tomsheck to ensure the process is completed correctly.
Determining Eligibility (NRS 179.245)
The first step is confirming whether your DUI conviction is eligible for sealing. Under NRS 179.245, misdemeanor DUI convictions can be sealed after a 7-year waiting period, while felony DUI convictions can be sealed after 10 years, as long as no other disqualifying factors exist.
Requesting Your Criminal History (NRS 179A.100)
To begin the record sealing process, you will need to obtain a copy of your criminal history report from the Nevada Department of Public Safety. This report will confirm your eligibility and provide the necessary information for your petition. (See NRS 179A.100).
Filing the Petition (NRS 179.255)
Once you confirm eligibility, the next step is filing a petition to seal your record in the court where your DUI conviction occurred. Your petition must include your criminal history, supporting documents, and a request for the court to seal the record. This process is detailed in NRS 179.255, which outlines the procedural steps for record sealing.
Serving the District Attorney (NRS 179.255(2))
After filing the petition, it must be served to the District Attorney's Office. The District Attorney has the right to object to your petition. If the DA objects, a hearing may be scheduled to resolve the matter. Having an attorney like Josh Tomsheck by your side ensures that you have the best chance of overcoming any objections from the DA's office. (See NRS 179.255(2)).
Court Review and Decision (NRS 179.265)
Once the District Attorney has had the opportunity to respond, the court will review the petition. If all requirements are met, the court will issue an order sealing the record. However, if the court denies the petition, you may have the option to refile or appeal, and attorney Josh Tomsheck can guide you through these next steps. (See NRS 179.265).
Why Choose Josh Tomsheck to Help Seal Your DUI Record?
Sealing a DUI record involves navigating complex legal processes, and any mistakes in the paperwork or failure to meet the statutory requirements could lead to delays or a denial of your petition. Attorney Josh Tomsheck has successfully helped numerous clients seal their DUI records and move forward with their lives.
Here are several reasons why you should choose Hofland & Tomsheck for your record sealing:
Comprehensive Understanding of Nevada DUI Law: Josh Tomsheck's experience in both DUI defense and record sealing means you'll have an attorney who knows the legal system inside and out.
Personalized Legal Service: Every client is unique, and Josh Tomsheck provides personalized representation to help you achieve your goals. From initial consultation to the final order, Josh is with you every step of the way.
Proven Track Record: With a strong history of successful record sealing petitions, Josh Tomsheck can ensure your petition is completed correctly and stands the best chance of success.
Contact Hofland & Tomsheck Today
If you are looking to seal your DUI record in Nevada, contact the experienced legal team at Hofland & Tomsheck. Attorney Josh Tomsheck is a nationally recognized criminal defense lawyer who will guide you through the record sealing process with precision and expertise. Call us today!
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