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Criminal Record Sealing in Clark County, 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

Eligibility:

ChargeRequired Waiting Period
Crimes Against Children, Felony DUIs, and Sexual OffenseIneligible
Category A, Crime of Violence (NRS 200.408), Burglary (NRS 205.060)10 Years
Category B, C, or D felony5 Years
Category E felony2 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 Protection2 Years
All other misdemeanors and traffic violations1 years
Acquitted/Dismissed charges or Honorable Discharge on charge under NRS 453.3363NO WAIT
Charges prosecution declined to prosecuteAfter the statute of limitation has run OR 8 years after the arrest OR if agreed by parties

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
          1. Have ALL 10 fingerprints taken at the same time
          1. 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:
  • 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 PILECOPIES PILE
Original petitionCopy of Petition
Original OrderCopy of Petition
Original DeclarationCopy of Declaration
Copy of CHRCopy of CHR
Copy of Supporting DocumentsCopy of 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

Neon Law

All content presented herein is for informational purposes only. Nothing should be construed as legal advice. Transmission and receipt of this information is not intended to create and does not constitute, an attorney-client relationship with lawyers on this platform. There is no expectation of attorney-client privilege or confidentiality of anything you may communicate to us in this forum. Do not act upon any information presented without seeking professional counsel.

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