The Records Sealing Process

Essentially, record sealing is an intense exercise in paper pushing, conversation, records research, and application through the bureaucracy of the court system. 

  1. The first step is to acquire all of your background checks. Only the official state background check, The Nevada Department of Public Safety Criminal History Report (CHR), is required, however, having a local police department background check (SCOPE) tends to speed up the process, so we recommend getting those as well. 
  2. The second step is to get the prosecutors (District Attorney and/or City Attorney) to agree (stipulate) to the record sealing. This part tends to take the longest because the prosecutors don’t have a lot of time to push paperwork at their desks. It’s crucial that the record sealing paperwork be written correctly the first time because mistakes can cause this step to result in several extra months of delays. The prosecutors can either agree (stipulate) to the record sealing or reject it. If they err in their rejection, your attorney can go to court to fight the prosecutors over their refusal. 
  3. If the prosecutors agree to the record sealing, the document will be sent to a judge to review and sign. 
    1. If the prosecutors do not agree, then a much more involved “contested” proceeding occurs with a hearing, witnesses, and testimony.
  4. After the judge signs the order, the final step will be to send certified copies of that order to the various record-keeping agencies to instruct them to seal their records. Most agencies take a couple of weeks until they respond, but the official state repository takes a couple of months because they also send the order to the FBI, which adds time to the process. 

The entire process takes about 6 to 8 months, although it fluctuates with the workload of the various agencies involved. When all is said and done, you can go into that job interview with the confidence of knowing that the case is finally and completely behind you.

For more information on how Nevada Defense Group and help you in clearing your name, contact one of our attorneys right away for a free consultation.

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