DUI Expungement vs. Record Seal

Having a DUI on your record can have a lasting effect in several ways. It can show up on background checks for jobs or housing applications, raise your auto insurance rates, or even affect personal relationships. However, you may be eligible for DUI expungement or record seal, depending on where you are located.

Here is everything you need to know about DUI expungement and record sealing in Nevada explained by our Las Vegas DUI attorneys.

What Is an Expungement?

An expungement is a legal process in which the record of a criminal conviction or an arrest is essentially erased as if it never happened. For this to take place, a court order must be signed by a Judge and the court order sent to the relevant agencies. Whether you can expunge a criminal record depends on several factors, including the jurisdiction where the arrest occurred, the actual charge, how much time has passed since the conviction and if you already have a prior criminal history.

It is not possible to get an expungement of DUI records in some states. For example, Nevada law does not allow for the expungement of criminal records. The state does, however, offer the option to seal records of DUI convictions.

What Is a Record Seal?

If your DUI offense was in Nevada, you are able to seal your record in order to prevent the public from seeing it. Although it cannot be erased completely, a record seal will give you the legal right to deny DUI charges. A sealed record is no longer a public record, so you can legally answer “no” to any questions regarding a DUI, arrest, or criminal conviction in both public and private situations.

Can a DUI Be Removed from Your Record in Nevada?

A DUI cannot be completely erased from your record in Nevada (expungement), but your records can be sealed if you qualify. For a first and second DUI offense, Nevada DUI laws allow a record of DUI conviction to be sealed seven years after the case ends. However, criminal records may never be sealed for the following:

  • Felony DUI convictions
  • Third offense DUIs
  • A DUI resulting in injury or death

If you fall into these categories, you may be able to get your felony DUI charge reduced to a misdemeanor. Consider working with an experienced DUI attorney in Nevada who will fight on your behalf to ensure you are treated fairly.

Can You Get a DUI Removed from Your Record Sooner?

The only way to seal a Nevada DUI charge sooner than seven years is if it is dismissed. In other words, there was no conviction. When DUI charges are dismissed, defendants can immediately pursue a seal of the arrest record without having to wait. Whether the charge was for a felony or a misdemeanor, you can start the petition process to seal the record right away.

Drivers who are successful in getting their charges dismissed are generally advised to get the arrest record sealed as soon as possible as it can still show up on employment or housing background checks.

Who Can Still See My Sealed DUI Record?

A sealed record in Nevada is no longer public record. Although the record is not expunged completely, only a very limited group of people can gain access to it. Government agencies, such as the FBI and CIA, are able to see sealed records when conducting an investigation. In addition, the Nevada Gaming Commission (NGC) and the Nevada Gaming Control Board will have access to your DUI record even after you seal it.

What Is the Process of Getting a DUI Record Sealed in Nevada?

The process of sealing a record in Nevada can be lengthy and complex without legal help and guidance. The steps involved are:

  1. Obtain the defendant’s police record or SCOPE.
  2. Create a legal petition to seal the DUI on record.
  3. The petition must then be submitted to the appropriate prosecutor.
  4. If and when the prosecutor signs off on your petition, you must submit the approved petition and an “order to seal” to the court.
  5. The judge grants the petition by signing the “order to seal.”
  6. It is on you to mail the signed “order to seal” to every government agency that has records of your DUI conviction.
  7. Follow up with the government agencies to ensure their compliance with the order.
  8. A record seal never expires, so you do not have to go through the sealing process after it is completed.

Without the right legal support, getting a DUI record sealed is a difficult task with several steps that can make the process complicated and overwhelming. Contact our team of DUI experts to see how we can assist you with removing a Nevada DUI conviction from your record.

How Often Do DUI Charges Get Dropped?

Getting DUI charges dropped in court can happen when a driver seeks expert legal help soon after a DUI arrest. With newer laws increasing DUI penalties for drivers (as well as revenue for the state), it is no surprise that more drivers today are being pulled over and charged with DUIs.

Identifying a strong legal argument to get a DUI conviction dropped or reduced to a misdemeanor requires experience and skill to find errors in police paperwork, holes in the evidence, and legal codes that can help your defense. When you have a trusted DUI lawyer on your side, the chances of successfully getting a DUI charge dropped or reduced are much greater than if you go it alone.

Nevada Attorneys for Sealing DUI Records

If you have a DUI on your record and you would like to start the process to petition the court for a record seal, we are here to help. Contacting us soon after your DUI arrest will increase the likelihood of getting your DUI charge dropped, which will allow us to seal your records immediately. Do not take gamble with your future – let us help you get the second chance you deserve with a legal DUI record seal. Call us at 702-656-0808 for a free, no-obligation consultation today!

By |2021-10-30T18:24:20+00:00October 30th, 2021|dui expungement, dui record seal|0 Comments