Nevada Expungements Legal Questions

The term "expungement" is used extensively in reference to criminal convictions when what most people are actually able to achieve is a sealing of their records.  Under NRS 179.245, a person may petition the Court for the sealing of all records relating to a conviction of: (a) category A or B felony after 15 years from the date of release from actual custody or discharge from parole or probation; (b) category C or D felony after 12 years from the date of his release from actual custody or discharge from parole or probation; (c) category E felony after 7 years from the date of release from actual custody or discharge from parole or probation; (d) a gross misdemeanor after 7 years from the date of his release from actual custody or discharge from probation; and (e) any other misdemeanor after 2 years from the date of his release from actual custody or from the date when you are no longer under a suspended sentence.  Unfortunately, the exceptions to this rule are almost more important than the rule itself. Under NRS 179.245(5), the Court cannot seal records relating to a conviction of a crime against a child or a sexual offense.  Therefore if the abuse in question was child abuse, it cannot be sealed.   "Crime against a child” means (1) kidnapping (unless you are the parent or guardian); (2) false imprisonment (unless you are parent or guardian); (3) pandering or prostitution; (4) an attempted act of any of the crimes listed under the applicable statute; (5) any offense committed in any other jurisdiction which (while not charged as a crime against a child in that jurisdiction would be a crime against a child in Nevada).   The term "sexual offense" encompasses 16 different crimes, all of which are enumerated in NRS 179.245. If you are admitted to the Mental Health Court, Veterans Court or a Reentry Program, the records can be sealed upon completion of the programs unless the Division protests such sealing (NRS 176A.265 and NRS 176A.295 and NRS 179.259). Although you indicated that the offense was family member abuse, under NRS 453.3365, a person can have an offense of possession of controlled substance not for purpose of sale sealed 3 years after the conviction, subject to certain conditions You should consult an attorney regarding the nature of your offense and whether it is eligible for sealing under NRS 179.245.   ... Read More