A felony has a big impact on a person’s life and if you live in Nevada, you’ve come here trying to find out how to get the felony off your record. Realize that with all felony records, there are three options you can take. 1) Expunge Your Record 2) Seal Your Record 3) Request a Pardon of Your Record. The problem though is that all states don’t offer all three of these options. But before we get into what Nevada offers, let’s review what each of these options actually mean.
If you get your record expunged in Nevada it’s as if your arrest and/or charges never happened. Your record is completely destroyed, including all physical and public records. When asked if have a criminal record, after expungement, you can truthfully answer “no”.
Sealing your record in Nevada is similar to expungement, but your record still exists in a limited form. The public does not have access to your record, but there are some exceptions. Your records can still be accessed by law enforcement and the courts. Record sealing is not as secure as expungement, but it is a reasonable alternative that is comparatively easier to obtain if your state offers it.
If you receive a pardon in Nevada, you still have record of your arrest or charge, but your guilt is exonerated. That is, you have proven that you are rehabilitated and forgiven for your crimes. You can also get relief in terms of having various rights restored, such as your right to vote. The requirements for pardons vary between states, but typically there is a lot of documentation required, and includes lengthy waiting periods to apply and receive a pardon.
Things to Know Before You Start
First: It’s important to understand that every state is different in terms of what methods are available for felons to remove their record and the information below will help you understand what you can do in Nevada.
Felony Expungement in Nevada
No, it is not possible to expunge your felony in Nevada.
Sealing a Record in Nevada
Yes, it is possible to seal your record in Nevada but it depends on the felony.
Getting a Pardon in Nevada
Yes, it is possible to get a pardon of your record in Nevada but it depends on the felony.
Second: When trying to clear your record, you really have two options. The first is to get a free consultation from a lawyer to see what they think of your case, and the second is to try to do all of the paperwork yourself.
Third: We HIGHLY recommend that you get a free consultation from a lawyer prior to taking any action. We say this because whether you want to expunge, seal, or pardon your record, it’s an extremely complicated process. Failure to follow the process properly can end up with you being denied for the request and having to wait additional time (sometimes several years) before you can file again. In addition, getting an expungement lawyer can increase your odds of succeeding and sometimes it’s more affordable than you think. The first step is to click on the button below to confirm that you’re eligible for the expungement/sealing off your record.
Can You Expunge a Felony in Nevada?
There is no statute for expunging your criminal records. Nevada does provide sealing in some cases, but expungement isn’t possible.
Can You Seal Your Criminal Record in Nevada?
Record sealing in Nevada provides you with a fresh start. Once your records are sealed, employers, landlords, and mortgage applications cannot consider your private records. You will not need to reveal your criminal records on professional license applications.
Note that all records can be used in future convictions, if you are applying for a license or a permit, impeachment purposes, and applications for public employment.
If you have completed programs for reentry or if you have been convicted of a crime, you are eligible for record sealing after a designated time.
CANNOT SEAL IF…
• Not enough time has elapsed after conviction, restitution, and programs,
• Minor traffic violations cannot be sealed,
• Juveniles who have committed an act that can be charged as a felony,
• Sexual assault,
• Battery with the intent to commit a sexual assault,
• Threatening force or violence,
• Lewdness involving a child,
• Dishonorably discharged from probation.
How to Seal Your Criminal Record in Nevada
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to seal your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible to seal your record based on our test, then you should stop here.
• If you are eligible to seal your record based on our test and want to do this without a lawyer, continue reading.
• Obtain your criminal history records from the police department where you were arrested.
Submit a petition to seal your records to the prosecutor and a judge. The petition must be typed and no handwritten. The forms can be found at the County District Attorney’s website where you committed the crime.
• Obtain documentation of the final disposition from the law enforcement agency or the court,
• Sign and date the stipulation, make three copies of all paperwork involved.
• Mail your paperwork to the District Attorney’s Office at 200 Lewis Avenue, Room 3303, PO Box 552212 Las Vegas Nevada (if your offence was committed in Clark County. You must return paperwork to the county where the crime was committed. A list of addresses can be found right here.
Can You Apply for a Pardon in Nevada?
Nev. Reb. Stat. Ann. § 213.010 give the state Board of Pardons the right to grant pardons. The Board consists of the governor, the Supreme Court justices, and the attorney general. A hearing will be held and notice will be given 15 days before the hearing. You need to attend the hearing to plead your case and reasons why you should be pardoned.
Once you have been granted a pardon and upon verification of that pardon, you are eligible to have your civil rights restored.
Do note that not many pardons are offered in Nevada. Hundreds of pardon applications are received every year, but very few are granted. Your chance of receiving a pardon depends on your individual circumstances. The older and less serious your conviction, the more honest and compelling your life story is, the higher your chances are of being pardoned.
CANNOT PARDON IF…
• You are still serving your sentence,
• Still on parole,
• The stated period has not passed based on the severity of your crime,
• You are not totally rehabilitated.
How to Apply for a Pardon in Nevada
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to request a pardon for your record. In most cases, if you are eligible for expungement on our test, then you’ll be eligible for a pardon.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because requesting a pardon is mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible based on our test, then you should stop here.
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• Download the application located here
• List the type of pardon y are applying for – a full pardon restoring all your rights, or a pardon restoring all rights but not gun rights.
• List all convictions, dates, resolutions, fines and restitutions. You will also need the name of the judge who sentenced you and the date you were sentenced. Obtain your criminal history report by calling the Nevada Department of Public Safety, Records & Identification Bureau at 775-687-1600.
• Provide a good reason why you should be pardoned. List all extraordinary circumstances that would warrant a pardon. Make it detailed and genuine.
• Explain all the positive things that have happened in your life since your conviction. Highlight employment, education, marriage and children, community service, and law-abiding behavior. Send in copies of your college transcript high school diploma or GEA, marriage certificates, honors and awards, and all proof of your good character.
• Letters of recommendation from people who know you well (not family or friends.)
So, there you have it. Two separate ways to get rid of your record in Nevada. As we’ve said numerous times throughout this page, this is a really complicated process and we highly recommend that you take this eligibility test prior to taking any action to determine if you are eligible for any of these options.
Please note, the information contained here is not legal advice and is strictly informational. If you have any further questions about the information above, or in general, you need to contact a lawyer directly.