Sealing a DUI Conviction in Nevada: A Fresh Start with Hofland & Tomsheck

Being convicted of driving under the influence (DUI) in Nevada can create long-lasting challenges in your personal and professional life. From limiting job opportunities to making it harder to secure housing, a DUI conviction can follow you for years. Fortunately, Nevada law provides an avenue to seal certain DUI convictions, allowing you to move forward without the burden of your past. At Hofland & Tomsheck, Las Vegas DUI Lawyer Josh Tomsheck is a highly experienced, board-certified criminal defense lawyer who has successfully helped clients seal their DUI records. This page outlines the process of record sealing in Nevada, and how Josh Tomsheck can assist you.

What Is Record Sealing?

Record sealing in Nevada is the process of legally restricting access to your criminal record, so it’s no longer visible in most background checks. Unlike expungement, which erases a criminal record, sealing means the record is hidden from the public. Once your DUI record is sealed, most employers, landlords, and financial institutions won’t be able to view it, giving you a second chance to pursue opportunities without the shadow of your past conviction.

NRS 179.245 provides the statutory basis for record sealing in Nevada, including the eligibility requirements and the necessary waiting periods for different types of convictions.

DUI Conviction Record Sealing Eligibility

The ability to seal a DUI conviction in Nevada depends on the type of DUI offense and the waiting period set forth by Nevada law. You must first complete all aspects of your sentence, including probation, fines, and any other court-ordered conditions, before being eligible to apply for record sealing.

1. First-Time Misdemeanor DUI (NRS 484C.110)

• Waiting Period: For individuals convicted of a first-time misdemeanor DUI, you can petition to have your record sealed 7 years after the close of the case. This means the waiting period begins only after you’ve fulfilled all the terms of your sentence. (See NRS 179.245(1)(a)).

2. Second Misdemeanor DUI (NRS 484C.400)

• Waiting Period: Just like a first-time misdemeanor DUI, a second DUI offense also requires a 7-year waiting period after the completion of your sentence before you can petition for record sealing. (See NRS 179.245(1)(a)).

3. Felony DUI (NRS 484C.410)

• Not Eligible: Felony DUI convictions, such as a third DUI or a DUI involving serious injury or death, are not eligible to have the record sealed. Felony offenses are treated more seriously under Nevada law, resulting in preclusion from the record sealing statute. (See NRS 179.245(6)(d)).

The Importance of Sealing Your DUI Record

Having a DUI conviction on your record can cause significant hardships in many areas of life. Sealing your record offers a number of advantages, including:

• Better Job Prospects: Many employers use background checks to screen potential hires. A DUI conviction may prevent you from getting certain jobs, but once your record is sealed, it won’t appear in those background checks, giving you a much better chance at securing employment.
• Improved Housing Opportunities: Landlords often perform background checks on prospective tenants. A sealed DUI record means that conviction won’t be visible, helping you overcome barriers to finding housing.
• Financial Benefits: When applying for loans or other forms of credit, a sealed DUI record won’t factor into a lender’s decision. This could lead to better loan terms and financial opportunities.
• Peace of Mind: Knowing your DUI record is sealed provides relief and allows you to focus on your future without the constant reminder of a past mistake.

The Process of Sealing a DUI Record in Nevada

The process of sealing a DUI record in Nevada is governed by specific laws and requires attention to detail to ensure the correct steps are followed. Below is a summary of the process. Working with an experienced attorney like Josh Tomsheck is crucial for navigating this process effectively.

1. Confirming Eligibility (NRS 179.245)

The first step is determining whether your DUI conviction qualifies for record sealing. Under NRS 179.245, individuals convicted of misdemeanor DUIs must wait 7 years, while felony DUI convictions require a 10-year waiting period before filing a petition.

2. Obtaining Your Criminal History (NRS 179A.100)

To proceed with record sealing, you’ll need to request a copy of your criminal history from the Nevada Department of Public Safety. This report lists all convictions on your record and helps confirm whether you’re eligible for sealing. (See NRS 179A.100).

3. Filing the Petition (NRS 179.255)

Once eligibility is confirmed, the next step is to file a formal petition with the court where the DUI conviction occurred. Your petition must include the necessary forms, your criminal history report, and any supporting documentation required. The court will review this petition to determine whether your record can be sealed. (See NRS 179.255).

4. Serving the District Attorney (NRS 179.255(2))

After the petition is filed, it must be served to the District Attorney (DA). The DA has the opportunity to object to your request. If there is an objection, a hearing may be scheduled. Having a skilled attorney like Josh Tomsheck is essential at this stage, as he will advocate on your behalf and address any issues raised by the DA’s office. (See NRS 179.255(2)).

5. Court Review and Decision (NRS 179.265)

Once the petition is submitted and the District Attorney has had a chance to respond, the court will decide whether to grant the request for record sealing. If approved, the court will issue an order to seal the record. Should the court deny the petition, you may have options to refile or appeal, which Josh Tomsheck can help you explore. (See NRS 179.265).

Why Josh Tomsheck Is the Right Attorney to Help Seal Your DUI Record

Sealing a DUI record is a complex legal process, and any errors or missed steps can lead to unnecessary delays or outright denial of your petition. Having a knowledgeable attorney like Josh Tomsheck on your side ensures the best chance for success.

Here’s why Hofland & Tomsheck is the right choice for handling your DUI record sealing:

• Extensive Knowledge of Nevada DUI Law: Josh Tomsheck has a deep understanding of Nevada’s DUI laws and record sealing procedures, allowing him to expertly guide you through the process.
• Individualized Legal Support: Josh works closely with every client, offering personalized legal services and carefully crafting a strategy that works for your specific situation.
• Proven Success in Record Sealing: Josh Tomsheck has helped many clients successfully seal their DUI records, providing them with the fresh start they need to rebuild their lives.

Take Action to Seal Your DUI Record with Hofland & Tomsheck

If you’re ready to move forward by sealing your DUI conviction, reach out to the legal team at Hofland & Tomsheck today. Attorney Josh Tomsheck offers the experience, knowledge, and dedication necessary to help you through every step of the process.

Call our office at (702) 895-6760 or visit us at 228 S. 4th Street, First Floor, Las Vegas, NV 89101 to schedule a free consultation and learn how we can help you get a fresh start by sealing your DUI record.