Sealing Las Vegas DUI Records
Having a record of a crime, for instance, a DUI (Driving under the Influence), could disrupt a life that you are currently leading. When looking for a job, the human resources department of a company could use your criminal record, such as Las Vegas DUI records, to reject you. This also goes to other types of application such as a school or a bank application. Your right to vote and other welfare services could also be put in jeopardy.
In Las Vegas and other areas of Nevada, being convicted of DUI means having a record for seven years before it becomes sealed, at least for misdemeanor charges. For felony DUI convictions, the record could be stuck on you forever. To help decrease the distress of this news, below are some insights about Las Vegas DUI records in Nevada and how you can fight them off your background.
How long is a DUI record going to be in my background?
It all depends on the conviction of your case. Like mentioned, a DUI with misdemeanor needs seven years after the time of release before it can be sealed. A misdemeanor is usually brought down for first and second DUI offenses. The least serious felony which is category E felony shares similar duration before a record is available for sealing.
Now there also are the more serious felonies such as category C and D felonies that require at least 12 years of obligatory time and the category C and D felonies which need 15 years before a record sealing is permitted. This is the general rule but there are situations when a record is required to stay and can never be sealed indefinitely such as third felony violation or a DUI causing death. Conversely, there are DUI misdemeanors that could incur you only two years of hold-up.
How do I seal a DUI record?
Is it possible to get a DUI off your record?
Yes, most certainly, but a record seal entails numerous conditions.
A Las Vegas DUI record or any other record for that matter is not automatically erased from your record once the required time has passed. You, along with the help your criminal defense attorney, will have to undergo a process to finally seal your record, one that is filled with a lot of paper works and waiting time. Know that if your DUI charges are dropped, you can immediately seal a record without waiting for a long time.
To seal a DUI record, the first thing you need to do is to obtain a complete copy of your criminal history which shall be issued by the Las Vegas Metropolitan Police Department (LVMPD). Followed by petitions and other statements as required by the law and then finally submitting the documents to the Las Vegas District Attorney Office. While this might sound easy, it ultimately is not. Failing to include some documents or other errors in your petitions could mean rejection of your application. This is why it is best to have a criminal defense attorney in Las Vegas take on the sealing of your record. Of course with you still helping out.
An answer should follow within a few months. When approved, your Las Vegas DUI records will be erased from public records or covered from people or organizations hence the “sealing” but be reminded that higher authorities such as the Federal Bureau of Investigation (FBI) can still see and access these records.
Why am I denied of Las Vegas DUI records sealing?
There are different reasons why your petition to sealing your Las Vegas DUI records was denied. According to the official government website of Clark County, not everyone is eligible to give their backgrounds a DUI record seal and here are the reasons they have provided:
- You were not eligible because the statutory length of time was not satisfied (NRS 245)
- You have other active cases
- You have a Dishonorable Discharge in your record
- You were convicted with serious cases such as sexual assault or crime to a child
- Your petition was not adequate (you did not include all your previous arrest or convictions or you missed out several details)
Again, sealing your Las Vegas DUI records is a tough one in Nevada and you will certainly need the helping hand of a DUI attorney that is well-experienced in sealing records. The best thing to do is acquiring the one that helped you in the case.
Even after you endured the punishments imposed by a DUI violation, you will still have to face repercussions like the crime staying in your record for a long time. When the time comes when you can finally seal your Las Vegas DUI records, make sure you follow the necessary steps and vow never to involve yourself with such offenses again.