Sealing Domestic Violence Convictions in Nevada: How to put the past in the past and get a fresh start

A conviction for domestic violence in Nevada can create significant long-term challenges. Whether it’s finding a job, securing housing, or simply moving forward in life, a criminal conviction can follow you for years. Fortunately, Nevada law provides a legal avenue to seal certain domestic violence convictions, which can give you a chance to reclaim your future.

At Hofland & Tomsheck, Attorney Josh Tomsheck is a board-certified criminal defense attorney who handles hundreds of record sealing cases each year. As the founder of the LV Criminal Law Center His extensive experience can help you navigate the process and increase the likelihood of success in getting your domestic violence conviction sealed. This page explains the benefits of record sealing, the eligibility requirements under Nevada law, and how Josh Tomsheck can assist you.

What Is Record Sealing?

In Nevada, record sealing is the legal process that makes your criminal record invisible to the public. This is different from expungement, which erases a record completely. When your record is sealed, it is still available to certain government agencies and in specific legal situations, but it cannot be accessed by employers, landlords, or the general public. For individuals with a domestic violence conviction, sealing your record can make a significant difference in your ability to rebuild your life and move forward without the burden of a past mistake.

Benefits of Sealing a Domestic Violence Record

Sealing a domestic violence conviction offers a variety of benefits:

• Employment Opportunities: Many employers perform background checks, and a conviction for domestic violence can disqualify you from certain jobs. A sealed record ensures that this information will not be visible during background checks, giving you a better chance at obtaining employment.
• Improved Housing Options: A domestic violence conviction can be a red flag for landlords when screening potential tenants. By sealing your record, you increase your chances of securing rental housing without the stigma of a conviction.
• Restoring Reputation: Having a criminal record, especially for domestic violence, can harm your personal and professional reputation. Sealing that record allows you to put the past behind you and prevent others from discovering it.
• Personal Peace of Mind: Knowing that your conviction is sealed can give you the freedom to move on from a difficult period in your life without the constant reminder of your past being visible to others.

Eligibility for Sealing a Domestic Violence Conviction in Nevada

Nevada law provides specific guidelines under NRS 179.245 for sealing criminal convictions, including domestic violence offenses. However, not all domestic violence convictions are eligible for sealing. There are mandatory waiting periods, and other legal requirements must be met before a petition to seal can be filed.

1. First-Time Misdemeanor Domestic Violence Conviction (NRS 200.485)

• Waiting Period: Individuals convicted of a first-time misdemeanor domestic violence offense can petition to have their records sealed after a 7-year waiting period. This waiting period begins after the completion of all sentence requirements, including probation and fines.
• (NRS 179.245(1)(a))

2. Second Misdemeanor Domestic Violence Conviction (NRS 200.485)

• Waiting Period: A second misdemeanor domestic violence conviction also requires a 7-year waiting period from the date the case is closed and all conditions of the sentence are satisfied before a petition can be filed.
• (NRS 179.245(1)(a))

3. Felony Domestic Violence Conviction (NRS 200.485)

• Waiting Period: If you were convicted of felony domestic violence, such as a third offense or a case involving significant bodily harm, you must wait 10 years after completing your sentence before filing for record sealing.
• (NRS 179.245(1)(b))

The Process of Sealing a Domestic Violence Record

The process of sealing a criminal record in Nevada is detailed and requires strict adherence to legal guidelines. Partnering with an experienced attorney like Josh Tomsheck can help ensure that you meet all the requirements and avoid delays or mistakes.

Step 1: Confirm Eligibility

Before beginning the record sealing process, it’s crucial to determine whether you meet the eligibility requirements under Nevada law. This involves confirming that the required waiting period has passed and that all elements of your sentence have been completed.

Step 2: Obtain Your Criminal History

To file a petition for record sealing, you will need a complete copy of your criminal history from the Nevada Department of Public Safety. This record will show your convictions and confirm whether your domestic violence offense is eligible to be sealed.

Step 3: File a Petition

Once eligibility is confirmed, a formal petition must be filed with the court that handled the original conviction. This petition will include your criminal history, the necessary forms, and any supporting documentation. Josh Tomsheck’s legal expertise ensures that your petition is properly completed, minimizing the risk of delays.

Step 4: Serve the Petition to the District Attorney

After filing the petition, it must be served to the District Attorney’s office. The District Attorney has the right to review your petition and, if necessary, file an objection. If an objection is raised, a court hearing may be required. Attorney Josh Tomsheck will represent you throughout this process, addressing any objections and advocating for your right to seal your record.

Step 5: Court Decision

Once the petition and any objections have been reviewed, the court will make a decision. If the petition is approved, the court will issue an order sealing your domestic violence record. If denied, Josh Tomsheck can help you evaluate your options for re-filing or appealing the decision.

Why Choose Attorney Josh Tomsheck for Your Record Sealing

Navigating the legal system and successfully sealing a domestic violence conviction requires in-depth legal knowledge and experience. Josh Tomsheck, with his extensive background in criminal defense and record sealing, is uniquely qualified to handle your case.

• Board-Certified Criminal Defense Attorney: Josh Tomsheck is nationally recognized and board-certified, ensuring that you receive expert representation.
• Hundreds of Successful Record Sealings Annually: Josh has helped countless clients regain their future by successfully sealing their criminal records, including domestic violence convictions.
• Personalized Legal Strategy: Josh Tomsheck offers individualized attention to each case, providing tailored strategies to meet the specific needs of his clients.

Start the Process of Sealing Your Domestic Violence Record Today

If you’re ready to take the next step in sealing your domestic violence conviction, the experienced legal team at Hofland & Tomsheck is here to help. With Josh Tomsheck’s expertise and commitment to your case, you can increase your chances of a successful record sealing and start rebuilding your life with a clean slate.

To learn more about how we can assist you in sealing your domestic violence conviction, contact our office today. Call (702) 895-6760 or visit us at 228 S. 4th Street, First Floor, Las Vegas, NV 89101, to schedule your consultation.