Sealing a DUI Conviction in Nevada: How It Works and How Attorney Josh Tomsheck Can Help

Sealing a DUI Conviction in Nevada: How It Works and How Attorney Josh Tomsheck Can Help

A DUI conviction can have a lasting impact on your life, from employment opportunities to personal relationships. In Nevada, while the penalties for a DUI conviction are already stringent, the long-term consequences can be just as significant. However, the state offers a path to mitigate those consequences by allowing individuals to seal their DUI records. Sealing a criminal record means that the conviction is no longer visible to the public or most background checks, providing a fresh start for many who have moved past their mistake.

This blog post will cover how DUI record sealing works in Nevada, including the eligibility criteria, waiting periods, and relevant legal statutes. We will also explore how attorney Josh Tomsheck can help you navigate the record-sealing process and ensure that your rights are protected.

What Is Record Sealing?

Record sealing in Nevada refers to the process of making certain criminal records inaccessible to the public, including potential employers, landlords, and others who might conduct background checks. Once a record is sealed, it is as though the arrest, conviction, and related proceedings never happened, with a few exceptions.

Under Nevada law, sealed records are not completely erased (unlike expungement in some states), but they are removed from public view. The record is still available to law enforcement and certain governmental agencies but can no longer be used against you in most situations.

Nevada Law Regarding Record Sealing of DUI Convictions

In Nevada, DUI convictions can be sealed, but they are subject to specific waiting periods based on the offense’s severity and whether it was a first, second, or third offense. The relevant statutes governing record sealing in Nevada are found in NRS 179.245 and NRS 179.255. Let’s look at how these laws apply to DUI offenses.

Eligibility and Waiting Periods for DUI Record Sealing

Nevada’s law imposes waiting periods that must be satisfied before a DUI conviction can be sealed. The length of the waiting period depends on whether the conviction was a misdemeanor or felony offense.

1. First-Time DUI (Misdemeanor)

For a first-time DUI conviction, which is classified as a misdemeanor in Nevada, you must wait 7 years from the date you were convicted to petition for record sealing. This waiting period applies to most first-time DUI offenses unless there were aggravating factors such as injury or death. NRS 179.245(1)(b) states that for a misdemeanor conviction, the record may be sealed after 7 years from the date of conviction or completion of any sentence, whichever is later.

2. Second DUI (Misdemeanor)

A second DUI offense in Nevada is also considered a misdemeanor, but the penalties are more severe than a first offense. For record sealing purposes, the same 7-year waiting period applies to a second DUI conviction.

3. Third DUI (Felony)

A third DUI conviction within seven years is classified as a Category B Felony in Nevada. Felony convictions carry more significant consequences, and the waiting period for sealing felony DUI records is much longer. For a third-time DUI felony, you must wait 15 years after completing your sentence, including any parole or probation, to apply for record sealing. NRS 179.245(1)(d) states that for Category B felonies, the waiting period is 15 years after the completion of the sentence or probation.

4. DUI Involving Injury or Death

DUI offenses that result in serious injury or death are treated much more seriously and cannot be sealed in Nevada. Convictions for felony DUI with substantial bodily harm or DUI resulting in death are ineligible for record sealing under NRS 179.245(6).

The Process for Sealing a DUI Record in Nevada

Sealing a DUI conviction record in Nevada involves several steps, and the process can be complex. Here’s an overview of the procedure:

1. Determine Eligibility

The first step in sealing your DUI record is determining whether you meet the eligibility requirements under Nevada law. This includes verifying that the required waiting period has passed and that the conviction is eligible for sealing.

2. Petition for Sealing

Once you are eligible, you will need to file a petition in the court where the conviction occurred. This petition must include detailed information, including your personal details, information about the conviction, and a request for sealing the record. You must also serve the petition to the prosecuting attorney’s office, which has the opportunity to object to the sealing request.

3. Court Hearing

In some cases, the court may schedule a hearing to review your petition. During the hearing, the judge will decide whether to grant the request based on the petition and any objections raised by the prosecutor. If there are no objections, the judge may grant the petition without a hearing.

4. Order for Sealing

If the court grants the petition, the judge will issue an order to seal the record. The order is then sent to various agencies, including the Nevada Criminal History Repository and local law enforcement agencies, to remove the record from public access.

Why You Need an Attorney for DUI Record Sealing

The process of sealing a DUI record in Nevada can be difficult to navigate on your own, and even minor errors in the paperwork can result in delays or denial of your petition. Additionally, understanding the specific nuances of Nevada’s record-sealing statutes is essential to ensuring your petition is granted.

This is where attorney Josh Tomsheck can help. As a Nationally Board-Certified Criminal Trial Specialist and former Chief Deputy District Attorney, Josh Tomsheck has extensive experience with Nevada’s criminal justice system. He understands the intricacies of record sealing and can guide you through each step of the process, from determining eligibility to filing the necessary paperwork and representing you in court if needed.

Here’s how Josh Tomsheck can assist with your DUI record sealing:

• Assessing Your Case: Josh will evaluate your DUI conviction and determine whether you are eligible for record sealing under Nevada law.
• Filing the Petition: He will prepare and file all necessary documents with the court, ensuring they are accurate and complete.
• Handling Objections: If the prosecutor objects to your petition, Josh will represent you in court and argue on your behalf to overcome those objections.
• Expediting the Process: With his knowledge of Nevada’s legal system, Josh can help streamline the record-sealing process and ensure that everything is handled efficiently.

 Call Us Today to Get Started

If you’ve been convicted of a DUI in Nevada, don’t let that conviction continue to affect your life. Sealing your DUI record can open up new opportunities and give you the fresh start you deserve. Attorney Josh Tomsheck has the experience and knowledge necessary to help you successfully navigate the record-sealing process and put your DUI conviction behind you. Call us today to schedule a consultation and learn more about how we can help you seal your DUI conviction and move forward with your life.