Record Sealing in NV

Process Overview:

Phase 1: Gather information
Phase 2: Make lists and draft legal forms
Phase 3: Prepare and file forms with the District or Justice Court
Phase 4: Prepare and file forms with the Municipal Court
Phase 5: Notify agencies
Important to note: YOU CANNOT SEAL, Crimes against children (NRS 179D.0357), Felony DUIs , Sexual offenses
Eligibility:

Charge Required Waiting Period
Crimes Against Children, Felony DUIs, and Sexual Offense Ineligible
Category A, Crime of Violence (NRS 200.408), Burglary (NRS 205.060) 10 years
Category B, C, or D felony 5 years
Category E felony 5 years
Enhanceable misdemeanors (including Non-felony DUI and Non-felony battery domestic violence 7 years
Gross Misdemeanors, Misdemeanor Battery (NRS 200.481), Harassment (NRS 200.571), Stalking (NRS 200.575), Violation of a Temporary or Extended Order for Protection 2 years
All other misdemeanors and traffic violations 1 year
NAcquitted/Dismissed charges or Honorable Discharge on charge under NRS 453.3363 No wait
Charges prosecution declined to prosecute|After the statute of limitation has run OR 8 years after the arrest OR if agreed by parties| No wait

Questions to ask about Eligibility:

* First always check if you are trying to seal an ineligible conviction
* How severe was the nature of the crime?
* Has the client met the waiting period? (listed above)
* History of re-offending?
* Do you have any active/open cases or warrants?
* Any recent drug/DUI cases?

PHASE 1 - GATHER INFORMATION

FIRST:
* Request and receive your statewide Criminal History Record (CHR)
* The CHR is a report of your criminal history in the state of Nevada
* You can obtain your CHR from the Nevada Dept. of Public Safety website
* You need 3 Fs to complete your application for your CHR:
* Form (found on Nevada Dept. of Public Safety website)
* Write at the bottom of your repository form: “Please provide 2 copies of
my Criminal History Record.”
* Fingerprint
* 1. Must be taken by a certified fingerprint technician
* 2. Have ALL 10 fingerprints taken at the same time
* 3. Include: Name, Date of Birth, Place of Birth, Identifying information
& your signature
* ORIGINALS no copies of fingerprints
* Fee ($27 fee)
* MUST be in the form of a Money Order or Certified Check
* MUST be made out to: “Department of Public Safety”
* Once the Nevada Department of Public Safety has received your request,
your criminal history will take 6-8 weeks to process
SECOND:
* Request and receive copies of your SCOPE from arresting police department(s)
* SCOPES are printouts of a person's past arrest and convictions
* SCOPEs are available at only one LVMPD location: Records and Fingerprint
Bureau
* 400 S. Martin L. King Boulevard, Building C Las Vegas, Nevada 89106
* Prior to going, call the Records and Fingerprint Bureau at 702-828-3271 for
the most current address
* You must have a photo ID and request the SCOPE in person (Attorneys may get the scope w/ the client giving written permission)
* Fee: $10
* For the purpose of record sealing, SCOPEs are valid for only 45 days.
Therefore, it is important that the person seeking a record seal complete
and submit the record seal application within 45 days of obtaining the
SCOPE.
THIRD:
* If necessary, you will collect other supporting documentation
* If you were convicted of GROSS MISDEMEANOR or FELONY, you will need to get copies of your Judgments of Conviction (JOC)
* You can obtain a JOC from district court clerk’s office for $1

PHASE 2 - FORMS

STEP 4: Make List
* Using the information on your SCOPE and CHR, you will make a list of every charge and conviction
* Example of list:
|--|--|
|Arresting Agency|VEGAS METRO PD|
|Date of Arrest|06/02/2021|
|Case #|04FXX259X|
|Charge|POSS CONT’SUB W/I SELL|
|Final Disposition|FOUND GUILTY|
|Disposition Date|06/08/2021|
* You will make a separate list for each court:
* District Court
* Different Justice Courts
* Different Municipal Courts
* In order to determine what court your case(s) is/are in you can search the websites of the different courts.
Step 5: Draft Legal Forms
* For each list you made, you will fill out the following legal forms:
1. Petition to Seal Records
2. Order to Seal Records
3. Declaration from Petitioner
4. Notice of Entry of Order
5. Certificate of Mailing
* The location of these forms can be found here:
* https://nlslaw.net/get-legal-help/useful-links/
* Select the court you are filing in
* Important to note:
* The 8th Judicial District Court has the authority to seal all charges in
Clark County, including Las Vegas, North Las Vegas, and Henderson Justice
Court and Municipal Court cases.
* If you have charges in SEVERAL different courts, you can file one petition
in District Court. One petition is recommended.
* After clicking on one of the courts within the forms link above:
* In the blue box, click “Create Account”
* After you finish signing up, click “Download your form”
PHASE 3- District Court or Justice Court
* In phase 3, you will prepare your packet of forms, mail it to District
Attorney and file with the District/Justice Court
Step 6: Make Copies of Forms
* Important:
* Put the Notice of Entry of Order AND Certificate of Mailing (listed above) away for Phase 5
* Sign as Petitioner in the Petition, Declaration, and order forms (listed above)
* Make 2 COPIES of everything
* Keep original CHR and SCOPE
Step 7: Prepare Packet Contents
|ORIGINALS PILE|COPIES PILE|YOUR PILE|
|--|--|
|Original petition|Copy of Petition|Copy of Petition|
|Original Order|Copy of Petition|Copy of Order|
|Original Declaration|Copy of Declaration|Copy of Declaration|
|Copy of CHR|Copy of CHR|Original CHR|
|Copy of Supporting Documents|Copy of Supporting Documents|Original Supporting Documents|
Step 8: Prepare & Mail Packet to DA
* Buy 2 large 10x14 envelopes with postage
* Address 1 envelope to yourself & the other to the District Attorney
* Put the self-addressed envelope and Originals pile and Copies pile inside of the envelope addressed to the District Attorney. Drop it in the mail or walk it to the DA’s office
* Address:
* Record Sealing Coordinator
Office of the District Attorney
200 Lewis Avenue, Room 3305
P.O. Box 552212
Las Vegas, NV 89155-2212
Step 9: Wait for DA
* This usually takes about 12 weeks
* DA will either:
* Approve (sign) OR
* Oppose (not sign) your form
* If DA approves, move to step 10
* If DA denies, you will need to fix and resubmit the packet or choose to file
direction with the court
* Resubmission process will take another 6-8 weeks for your forms to be
returned to you
Step 10: File Forms with Court Clerk
* District Court Filing Fee: $270
* Justice Courts Filing Fee:
* Las Vegas Justice Court: $70
* Henderson Justice Court: $70
* North Las Vegas Justice Court: $70
* If unable to pay filing fees:
* Application to proceed in Forma Pauperis
PHASE 4 - Municipal Court
* In Phase 4, you will mail your forms and stipulation to the City Attorney and
then file your forms with the Municipal Court
Step 13: File Forms with Municipal Court
* A stipulation is the only additional and different document needed for
municipal court.
* A stipulation is you and the city attorney’s opportunity to both sign and tell
the court that you agree the record should be sealed
Step 11: Prepare Forms to File with Municipal Court
* USE IN MUNICIPAL COURT ONLY
Step 12-14: Prepare Forms to File with Municipal Court
* Take away:
* You need to include a Stipulation if filing in Municipal Court
PHASE 5- Notifying Agencies of Order to Seal Records
* In Phase 5, you will:
* Sign two forms
* Mail the signed Order to various places, and
* File some documents at the courthouse
Step 15: Prepare Notice of Entry of Order & Certificate of Mailing
* Once the Order to Seal Records is signed by the Judge, you need to inform
government agencies of the order
* Find or re-print:
* Notice of Entry of Order
* Certificate of Mailing
* Sign & Date each form according to the manual
* Create envelopes for each address on the certificate of mailing
* We started this form in phase 2 (Step 5)
* Now we can complete an sign it
* Add in the Case Number and Department
* Enter the date the ORDER was filed here (Example of Notice of Entry of
Order to Seal Records form can be found on slide 50)
* Sign and date document
Step 16: Mail Forms To Agencies
* Mail the order, Notice of Entry of Order, and Certificate of Mailing on the
same date you write on the Certificate of mailing
* More information can be found on slide 52 of manual
Step 17: File Notice with Clerk of Court (you will skip this step for Municipal Court filings)
* If you filed in DISTRICT COURT or a JUSTICE COURT:
* File the following documents with the Court Clerk
* Original Notice of Entry of Order,
* Original Certificate of mailing, and
* Certified copy of Order
Step 18: Receive Confirmation
* You will receive letters from the many entities to which you mailed Notice,
Certificate of Mailing, and Order:
* The court(s)
* The agencies
* The police department(s), and
* The Nevada Department of Public Safety
* These let you know your records have been sealed.
Miscellaneous Information:
* Certain agencies can “peek” into sealed records (NRS 179.301)
* If you get arrested for same offense that you sealed, prosecutors may open
sealed records to use against you
* If an application asks whether you have sealed criminal records you should
answer yes