A criminal record can haunt a person for their entire life. If you are being weighed down by your record, you can do something about it. Normally, when an individual goes about cleaning up their record, they do so through expungement. This is essentially the process by which a record is destroyed or erased. Often, it is described as sealing a person’s record. Though these two terms are similar, they are technically different. In the state of Nevada, legislation provides a way to seal records so that they are hidden. Once a record is sealed, an individual can no longer access the information. Only law enforcement or government agencies can look at the information.
If you are looking to have your records sealed, there are a number of requirements that you must meet. The first is a time requirement. This will depend primarily on the type of conviction you received. If your crime was a category A or B felony, you must wait 15 years after being released from custody or were discharged from probation. If it was a category C or D felony, you must wait 12 years. You will have to wait 7 years if you were convicted of a category E felony.
When you file a petition to seal your record, you must provide verified records of your criminal history either from a local law enforcement agency or the Central Repository for Nevada Records of Criminal History. You must identify what you want to be sealed. You will not be able to have your records sealed if the crime was directed against a child or was a sexual offense.
Having your records sealed can be an invaluable step to a better future. One mistake should not keep you from living a successful and productive life. When you are ready to make this step, you should do so with an experienced attorney by your side. We at Okabe & Haushalter can walk you through this process step by step. We know how important this procedure is and will leave nothing to chance. If you have any questions about the criminal defense process, contact us.
It is possible to clean up your record through expungement. While this option is not available for everyone, it can be helpful for those who qualify. If you were sentenced to county jail time or probation or were required to pay a fine, you may qualify. The nature of your crime and case will determine whether or not you can use this process and what type of procedure you can use.
In California, there are three types of expungement:
If your crime falls under the above sections of the law, you may be eligible to go through this process. You must wait at least one year after your conviction and have carried out all the terms of your sentence. This can include incarceration, probation, fines, and hearings. Furthermore, you cannot have been charged with another offense or serving a probationary time for another charge when you apply. When you go to apply, you must first get ahold of a copy of your criminal record and case information. You must then fill out the Petition for Dismissal (CR-180) and the Order for Dismissal (CR-181). These two forms are required for all three types of expungement.
It is advisable that you also include a written declaration of why you are applying. Such a declaration can include the nature of your offense and why you committed it as well as how you have changed since the infraction. You can also describe any future plans you are making and how the conviction is hampering your efforts. If any major life events or religious affiliations have changed how you interact with society have come to pass, it would be beneficial to include that.
Expungement essentially is a cleaning up of your records. However, it does not erase all traces of your infraction. Before you go through this process, you should be aware of what this process does not do for you. It does not remove the conviction from your history entirely. The conviction and dismissal will still be present on your record. It doesn’t keep your record from being public. If the conviction denied your right to hold public office, an expungement does not eliminate this consequence. If your crime was a sex offense, you will still be required to register.
You also will still be required to disclose the conviction on any government employment application. In any case, going through the expungement process will still be very beneficial. It shows that you are on the right track towards becoming a law-abiding and productive citizen. If you are looking to go through this process, it will help to have an attorney at your side you are familiar with all the requirements and conditions of the procedure. At Okabe & Haushalter, we fight aggressively for all of our clients because we understand how devastating a criminal conviction can be for your future. Call us today to see how we can help you.