When you get arrested for or convicted of driving under the influence, law enforcement agencies and the courts will keep records of your arrest and conviction. These records go into a database accessible by criminal background checks. However, you may have the right to petition the court to seal the records of your DUI arrest or conviction.
Sealing criminal records removes them from public access. You also have the right to deny that the arrest or conviction occurred on applications and in interviews. Obtaining DUI record sealing in Nevada can help you move forward with your life after an arrest or conviction.
What Is the Record Sealing Process for a DUI?
To seal a DUI arrest or conviction record, you must get copies of your records from the law enforcement agency that arrested you and the court that heard your DUI case. You will attach your records to a petition to seal, which you must submit to the District Attorney (DA) in the county in which you were arrested in.
The DA must then approve your petition. If they do, you can submit it to the court for approval. In some cases, the court may hold a hearing for you to present arguments for why the court should grant your petition.
When a court grants your petition to seal a DUI record, it will issue an order to seal it. You may send it to every state agency with records of your DUI arrest and conviction. Those agencies will then seal your arrest or conviction records from public access.
DUI Record Sealing Eligibility
You may become eligible to seal your DUI records if you manage to secure a dismissal or acquittal of your charge or if you get convicted of a misdemeanor DUI. However, Nevada law does not permit you to seal the records of a felony DUI conviction. A third or subsequent DUI conviction, a prior felony DUI conviction, or a DUI conviction that involved an accident that caused injuries or fatalities may be a felony DUI offense.
How Long Do You Have to Wait to Seal a DUI?
Different waiting periods will apply to your eligibility to seal the records of your DUI arrest or conviction:
- DUI charge is dismissed or you obtain an acquittal at trial – You can petition to seal your arrest records immediately after the dismissal or acquittal.
- Prosecution declines to prosecute you for a DUI – You must wait until the applicable statute of limitations on your DUI charge expires.
- DUI charge results in a conviction – You must wait seven years from the date of release from incarceration or the end of a suspended sentence for your DUI conviction to petition to seal your DUI records.
Need Help Sealing Your DUI Records? Contact Our Nevada DUI Defense Attorneys
When you want to seal the records of a DUI arrest and conviction, an experienced DUI defense lawyer can guide you through the legal process. Contact Adras & Altig today for a free, confidential case evaluation to get help with a DUI record seal in Las Vegas.
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At Adras & Altig, we believe that every client we work with deserves a fresh start. Our dedicated Las Vegas criminal defense attorneys take the time to get to know you so we can understand the circumstances surrounding your arrest.