Sep 7 2012

Expungement – The Legal Way to Wipe Your Slate Clean

Restore Your Rights!

Being convicted of a crime is devastating with repercussions that can negatively impact the rest of your life.  The good news – you have an option to make your conviction “disappear” if you met certain conditions and take legal action to get your record expunged or sealed.   If your crime was in a different state then the one you currently reside in, you must apply for expungement in the state that convicted you as the laws vary state to state.  Laws pertaining to getting your rights back by each state.

Recover your right to vote, sit on a jury, even run for office!  Once your record is expunged, you can legally tell an employer, financial institution, or educational institution that you have not been convicted of a crime.

Expungement – What is it?

The term expungement has different meanings depending on which state has jurisdiction over your case.  In some states it means that your criminal record is permanently destroyed, while other states seal the records instead and may allow them to be viewed, generally by law enforcement officers, or unsealed, by court order, if you are accused of another crime.  Nevada State Law does not allow criminal records to be destroyed and will allow sealed records to be viewed in certain circumstances.

Are You Eligible?

To have your record expunged in Nevada after a conviction, you must be patient and reformed.  If you have recently been arrested or suspected of a crime, with the exception of minor traffic violations, it is best to wait on pursuing expungement until you can show a good history of being a law abiding citizen for the highest chances of success.  Your sentence must be completed in all aspects without incident before seeking an expungement trial including suspend sentence, incarceration, parole, probation, and rehabilitation programs, calculated by the longest amount of time (i.e. If you are released from custody but still on probation, you are not eligible until you are successfully discharged from probation as well).  The time frame before expungement eligibility after a conviction ranges from 3 – 15 years depending on the severity of the crime and duration of your sentence.

If you have been convicted of a certain sex crime or if it was against a child, you are not able to have your record expunged.  Crimes against children are taken very seriously by our legal system and most sexual offenses require lifetime registration thus making it impossible to destroy or seal the records.

Posted in: Criminal Law Posted by: John B. Routsis

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