Thinking of sealing your criminal record in Nevada? Record sealing can be a beneficial process for those who have been convicted of a crime and who wish to protect their criminal records from being viewed by most non-governmental agencies. The process can be burdensome for the average person, so most choose to use an experienced Nevada attorney to assist with the record sealing process.

Expungement vs. Criminal Record Sealing

Expungement is the process of having criminal convictions, charges or investigations completely removed from your record, as if they had never happened. Unfortunately, since expungement is not available in Nevada, our focus lies on criminal record sealing. Record sealing makes past convictions inaccessible to the general public without a court order. Effectively, most people conducting background checks are unlikely to access such records. Note that some organizations like the FBI may also still be able to access these records, so consider consulting who can and cannot see your files with a Nevada criminal attorney.

Find out If Your Cases Are Eligible for Sealing

Because record sealing is so advantageous, Nevada courts are frequently inundated with record sealing requests. Therefore, the process of having your records sealed will be lengthy and require many bureaucratic maneuvers before it can be completed. Only certain criminal charges are eligible for record sealing. To qualify, the individual’s sentence must have been completely carried out, including all probation time and community service. After this sentence is fully completed, a period of waiting time equivalent to the crime’s statute of limitations must pass, starting on the day that the last element of the sentence was satisfied.

Additionally, some crimes are completely ineligible for record sealing. These include:

  • Crimes perpetrated against children
  • Some domestic violence charges
  • Sexual offenses
  • Vehicular homicide while under the influence of drugs or alcohol
  • Crimes for which you received a dishonorable discharge from probation

Additionally, you must apply for record sealing within each respective jurisdiction under which your conviction was made. A further important point to note is that Nevada state policy does not allow for partial record sealing; ALL crimes and charges must be listed on your sealing request.

Obtain Criminal History Reports and Submit Record Sealing Forms

Once you have established that your criminal cases are eligible, you must obtain a copy of your complete criminal records from both the Nevada Criminal History Central Repository and the respective police department under which your cases were filed, such as the Las Vegas Metro Police Department or the Henderson Police Department.

Then, you must submit the following forms:

  • Original Signed Petition and 1 copy for DA’s office
  • Original Signed Order and 1 copy for DA’s office
  • Original Signed Affidavit and 1 copy
  • 1 copy of local law enforcement agency SCOPE (you keep the original)
  • 1 copy of your Criminal History Report (you keep the original)
  • A 9” x 12” self-addressed envelope with a minimum of $2 postage

Mail all of these items to the Office of the District Attorney or their Record Sealing Coordinator in a paid 9” x 12” UNPADDED mailer with at least $2 postage.

Receiving Approval and Arranging a Rehearing

If your attempt was successful, the District Attorney’s Office will mail back all of your corresponding documents while keeping the ones they need. You may then submit the approved documents to the court clerk for filing. And to complete the process, the signed Order will be sent to the agencies requested to seal your records from those agencies.

If unsuccessful, Nevada allows for up to two re-hearings where you can submit your Order, Petition, and Affidavit while attempting to correct their reasons for denial.

You can review this helpful guide to record sealing in Nevada for more information or advice, but the process has the reputation of being time-consuming and confusing. You might want to consider getting the help of a Nevada record-sealing attorney to assist you throughout the process. Contact Connor & Connor Attorneys at Law for help and information regarding record sealing today.

 

If you have a criminal record, it can cause difficulties in almost every area of your life. From getting a home, to finding a job, to securing a loan, your criminal record can make it hard to achieve your long-term goals. For this reason, many people with a criminal conviction seek to seal or expunge their records in order to move on with their life.

However, sealing a criminal record can be a lot more difficult than many realize, with several requirements you must meet before your record is finally sealed. Learn how to seal a record and find out when you might need legal help so that your past mistakes do not interfere with your future plans.

Do You Need an Attorney?

The record sealing process in Nevada is relatively difficult, as it requires a Petition that can only be filed after a certain period of time, a court order, and then notification to various state and local agencies. One of the biggest concerns when filing a Petition to Seal is that if it is denied, then you must wait two (2) years to file a Petition for Rehearing. If you are unsure about whether you are eligible to seal or how to navigate the process, then retaining an attorney is a good idea.

Is Your Offense Eligible?

When attempting to seal a record, the first indicator of whether you will qualify is based on whether the charges were dismissed or you were convicted. If the charge was dismissed or a conviction was set aside, then Nevada Revised Statute (“NRS”) 179.255 provides the state law regarding sealing of that particular record.

If you were convicted of a crime, then you must look at how long you must wait from the time you were released from custody, probation, or a suspended sentence to the time you become eligible. The most important factor in determining how long you must wait to seal the record is the type of conviction. For example, you must look at whether the conviction was a misdemeanor or felony, and if it was a felony, which category (A, B, D, or E). There are certain convictions that cannot be sealed, such as certain sexual offenses and certain misdemeanors, such as Domestic Violence and DUI impose a longer waiting period to seal than other misdemeanors.

NRS 129.245 is a good place to start to get familiar with the required waiting times to seal records. This law sets forth that a person becomes eligible to seal a certain amount of years after they are released from custody, discharged from probation, or no longer serving a suspended sentence. To further complicate matters, if you have more than one conviction then you must wait until the most recent conviction is old enough to be eligible for sealing.

When you file a Petition to seal your records, the court will determine if you have waited long enough to seal your most recent conviction, according to the time periods set forth in NRS 129.245. The Court may set a hearing on the Petition.

What’s Involved in the Process?

If you’ve determined that you meet all requirements for sealing a record, you can engage in the actual process of sealing. In Nevada, this will require a Petition to the court and a court order. The court order must then be sent to the agencies that are reporting the conviction, such as a different court, law enforcement, and the Central Repository for Nevada Records of Criminal History.

Before you submit your paperwork, however, consult Nevada’s record sealing rules under Chapter 179 of the NRS, and, if you have questions, you should consider getting legal help from an attorney.

Seal a Record with Legal Help

While the process of sealing a record is usually very easy, it is possible for your application to be denied. If you’re having difficult in your quest to seal a record, then you need to get help from one of the knowledgeable attorneys at Connor & Connor, PLLC.

Our legal team can help walk you through the process of sealing your records so that you can move on with your life and forget about your past mistakes. Schedule a consultation with us today!

DUI First

09/03/2015

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dui-first

Depending on the circumstances, Nevada treats DUI’s as misdemeanor or felony offenses. If you have been charged with a DUI and it is your first offense or your first offense in 7 years, then it will be charged as a DUI first. You can still be charged with a felony DUI regardless if it is your first offense if you cause substantial bodily harm to someone or cause a death while driving under the influence.

If you are convicted of a DUI first then the statutory punishment is as follows:

  • A fine of not less than $400 nor more than $1,000;
  • DUI school;
  • Victim Impact Panel;
  • Possible Coroner’s Program;
  • A minimum 2 days nor more than 6 months in jail;
  • Or in lieu of jail, community services of not less than 48 hours, but not more than 96 hours;
  • If your BAC is .18 or above, then you must attend a treatment program for alcohol or drug abuse.

Penalties may seem harsh but an attorney can help you mitigate the requirements, such as avoiding jail, and possibly fight for a dismissal or a plea of a lower offense.

It is important to hire an attorney who will go through all of the facts and defend you at all stages of court. As a client you should be informed and never left in the dark. Our firm takes great pride in communicating with our clients, while others may simply treat you like a case number.

DMV

Your driver’s license will also be suspended for 90 days by the DMV if you get a DUI conviction or if the DMV finds you were driving under the influence. Your attorney can request a DMV hearing on your behalf to fight for your driving privileges.

Our firm knows that even a DUI first can be stressful and confusing, but we are here to help.  Contact our firm by calling (702) 750-9139 to set up a free consultation with an attorney to discuss your case and defenses.

 
Traffic citations
Traffic Citations

Getting a traffic ticket seems fairly common these days southern Nevada.  What many people don’t realize is that an attorney can help with reducing the moving violation to a non-moving violation with no demerit points.  This helps with keeping your insurance cost low and not putting you at risk of getting your driver’s license suspended.  In Nevada, if you get 12 demerit points in a 12-month period the DMV will suspend your license.

Each court in Nevada handles traffic violations a little differently, but for the most part they are all the same.  Your attorney usually has a few options to get your violation reduced and sometimes the fine reduced as well.  It all depends on the court, the violation and the facts.

Not having to waste your time dealing with the court and doing traffic school is something your attorney may help you avoid.  So the next time you get a citation feel free to contact our firm at 702-750-9139 to see what Connor & Connor can do for you.

This is for informative purpose only and does not create an attorney-client relationship.  Nevada law is constantly changing, seek legal counsel.  If you have questions about Nevada laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today.  The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts.  If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation.   You may contact the firm through email at info@connorpllc.com or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm’s Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.

Check Fraud

08/13/2015

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Check Fraud

A person who willfully, with the intent to defraud, draws or passes a check or draft to obtain money, delivery of other valuable property, services, the use of property, or credit extended by any licensed gaming establishment, when the person has insufficient funds may be guilty of a misdemeanor or a felony depending on the amount.

If you write a bad check of $650 or more, or multiple bad checks in a 90 day period of $650 or more, you will be charged with a category D felony and owe restitution.  If the amount is less than $650 then it is treated as a misdemeanor offense.  However, if you have 3 prior misdemeanor bad check offenses and the new charge will be enhanced to category D felony.

Intent to write a bad check can be presumed if you wrote a check on an account that did not exist or you failed to make good on the payment within 5 days after given notice there was no funds.  Intent plays a big role on what defenses you have; if you wrote a check when funds were available this may be a defense.

It is possible for your attorney to get the charges dismissed depending on the facts. Contact Connor & Connor at 702-750-9139 for a free consultation.

This is for informative purpose only and does not create an attorney-client relationship. Nevada law is constantly changing, seek legal counsel. If you have questions about Nevada laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today. The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation. You may contact the firm through email at info@connorpllc.com or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm’s Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.

 

Grand Larceny

Similar to petit larceny, grand larceny occurs when one steals something with a value of $650 or more.  Unlike petit larceny though, grand larceny is a felony offense.

If one intentionally steals, takes and carries away, leads away or drives away with: 1) Personal goods or property, with a value of $650 or more, owned by another person; 2) Bedding, furniture or other property, with a value of $650 or more, which the person, as a lodger, is to use in or with his or her lodging and which is owned by another person; or 3) Real property, with a value of $650 or more, that the person has converted into personal property by severing it from real property owned by another person.

One will also be charged with grand larceny if he or she uses a card or other device for automatically withdrawing or transferring money in a financial institution to obtain intentionally money to which the person knows he or she is not entitled.  Stealing and killing livestock and domesticated animals may also trigger grand larceny.

Penalties

Penalties for grand larceny are harsh.  If the value is less than $3,500 the person who committed the gran larceny is guilty of a category C felony.  If the value of property involved is $3,500 or more, the person is guilty of a category B felony, which carries a minimum term of not less than 1 year in prison and a maximum term of not more than 10 years, and a fine of not more than $10,000.  The court shall also order restitution.

If you have been charged with grand larceny contact our office at 702-750-9139 for a free consultation.

This is for informative purpose only and does not create an attorney-client relationship.  Nevada law is constantly changing, seek legal counsel.  If you have questions about Nevada laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today.  The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts.  If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation.   You may contact the firm through email at info@connorpllc.com or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm’s Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.

 

Do you know how invoke your rights? The majority of people have not even taken the time to read the Constitution and the Bill of Rights.  It is a short read and we highly recommend you do, but if not please take some time to visit the great folks at www.FlexYourRights.org and watch some of their videos.

We recommend clicking the YouTube channel link below and watching some of their highly informative videos on your rights and how to invoke them.  The “10 Rules for Dealing with Police” video is only 38 minutes long and is a high quality production that takes you through different scenarios of dealing with law enforcement.  For your convenience see the link below.

https://www.youtube.com/watch?v=s4nQ_mFJV4I

The way you act or what statements you make can be the difference between a brief encounter with law enforcement or a full fledge investigation.

The way you act or what statements you make can be the difference between a brief encounter with law enforcement or a full fledge investigation.

If you have any questions always feel free to reach out to our firm at 702-750-9139.

This is for informative purpose only and does not create an attorney-client relationship.  Nevada law is constantly changing, seek legal counsel.  If you have questions about Nevada laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today.  The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts.  If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation.   You may contact the firm through email at info@connorpllc.com or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm’s Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.

 

Nevada is one of the more gun friendly states in our country, however it does prohibit felons from owning or possessing a firearm regardless of the type of felony.  A person who receives a non-violent felony offense, such as a felony drug possession in any state or a federal court, is not legally allowed to own or possess a firearm.  See Nevada Revised Statute 202.360 on prohibited person from owning/possessing firearms, which include person besides felons.

Penalties

If you are a felon and convicted of being a felon in possession of a firearm you may be charged with a category B felony an imprisoned for a minimum term of 1 year and a maximum term of not more than 6 years and a possible fine of not more than $5000.

Restoration of Rights

If you are a felon and wish to restore your gun rights in Nevada the only way is to receive a pardon that restores one’s right to bear arms.  The Pardons Board of Nevada may only pardon Nevada felony convictions and not other state or federal felony convictions.  So if you are still a felon in another state then you will not be permitted to own a firearm.

One who is seeking a Pardon needs to specifically request their gun rights be restored as well.  Pardons are granted, however the majority is denied.  The Pardon Board looks to various factors to determine if they will grant the Pardon and certain time limitations must be met before one can seek a Pardon.  More information on Nevada Pardons may be found at

http://pardons.nv.gov.

This is for information purpose only and does not create and attorney-client relationship.  Nevada law is constantly changing so seek legal advice.

 

Beware Nevadans, Senate Bill 175 not only expanded gun rights, it added a new class of persons prohibited from owning a firearm under Nevada law.  See NRS 202.260.  Section 3 of SB 175 prohibits a person who has been convicted of a misdemeanor domestic violence as defined in 18 U.S.C. § 921(a)(33) from possessing or having custody or control of a firearm.

What many people fail to realize is that a misdemeanor offense in Nevada does not carry the right of a trial by a jury of your peers.  Nevada employs bench trials for misdemeanor domestic violence offenses.  This means one person, a judge, not a jury of your peers, determines if you lose your Second Amendment Right.

The new amended NRS 202.360 reads as follows:

Sec. 3. NRS 202.360 is hereby amended to read as follows:

202.360 1. A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:

(a) Has been convicted in this State or any other state of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a)(33);

(b) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;

[(b)] (c) Is a fugitive from justice; or

[(c)] (d) Is an unlawful user of, or addicted to, any controlled substance.

A person who violates the provisions of this subsection is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

2. A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:

(a) Has been adjudicated as mentally ill or has been committed to any mental health facility; or

(b) Is illegally or unlawfully in the United States.
A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.

3. As used in this section:

(a) “Controlled substance” has the meaning ascribed to it in 21 U.S.C. § 802(6).

(b) “Firearm” includes any firearm that is loaded or unloaded and operable or inoperable.

This bill has passed and is effective now.

So why no jury, well the Supreme Court of Nevada considers a misdemeanor offense a petty offense and therefore no right to a jury trial attaches, even though one loses his or her Second Amendment Right.  For more information on the reasoning behind this see State v. Smith, 672 P.2d 631 (Nev. 1983).

Whether you agree or not with the new amendment, the reality is that if you have a misdemeanor conviction of a domestic violence you are prohibited from having a firearm in Nevada.  It also is a felony offense to be in possession, custody or control of a firearm.

One should be aware of this because one may now be in violation of NRS 202.360 or if one is faced with a misdemeanor domestic violence charge he or she may want to fight it if one values their Second Amendment Right.

 

Everyone’s favorite time year is back. The Fourth of July will ring in the nation’s 239th birthday. Whether you are kicking back by the pool, barbequing, or staying home to engage in your own show with family, you might be wondering what the laws are regarding fireworks in Nevada. We composed a list here with some frequently asked questions around this time of year to keep you all safe and sane for the celebration.

Are Fireworks legal in Clark County? In Clark County, the only fireworks permitted are those labeled “safe and sane” and those are only permitted from June 28 through July 4. “Safe-N-Sane” fireworks do not rocket, explode or leave the ground once they are ignited and once July 4th is over, you may no longer possess or use them.

What about fireworks other than safe and sane fireworks? Fireworks that are always illegal in Clark County, even during July 4th, include roman candles, bottle rockets, black cats, black jacks, lady fingers, mortar shells, M-80s, chasers, cigarette loads. If a person is found to possess of any of the “good stuff” you could face harsh fines and up to a misdemeanor.

Can I bring fireworks from somewhere other the Clark County? In recent years, law enforcement has been targeting those people bringing illegal fireworks back from popular places like Pahrump or Moapa Indian reservation. Law enforcement has been known to set up DUI style checkpoints on the highways leading back to Clark County. Law enforcement then stops and attempts to look inside each vehicle to determine if illegal fireworks are present. If illegal fireworks are found in your possession, you will have all the products confiscated, face fines and in rare cases jail time.

I heard you can buy non Safe-N-Sane firework in Nye County. This is true. In Nye County you are legally allowed to purchase roman candle, shells, firecrackers and other non safe and sane fireworks. Nye county has a number of stores which sell to those coming from outside. However, possession of those fireworks in Ney County is actually illegal. In many, cases the stores require customers to sign waivers promising that they will leave the county with the purchased fireworks within 24 hours.

What about Moapa Indian Reservation at the Valley of Fire? Indian reservations are not required to follow most federal and state laws, so you can legally purchase the non safe and sane fireworks that are illegal in nearby Clark County. Moapa also has a launch pad adjacent to the firework stores for customers to launch their fireworks, safely, away from any buildings. Once again, it is still illegal to bring any of the non safe and sane fireworks back from Moapa to launch in Clark County.

What are the penalties for illegal fireworks in Clark County? It is a misdemeanor to buy, possess or transport fireworks in Clark County (with the exception of Safe-and-Sane fireworks in the week leading up to Fourth of July). The prosecutor will usually agree to close out the case for a fine of a few hundred dollars, but the maximum possible penalties include:

1 up to $1,000 in fines, and/or

2 up to six months in jail. (Clark County Code 13.12.310)

It is also a misdemeanor to ignite fireworks within one hundred (100) feet of a fireworks booth, gas station or anywhere else with flammable materials. (Clark County Code 13.12.100).

Connor & Connor PLLC wishes everyone a happy a safe 4th of July.

The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation. You may contact the firm through email at info@connorpllc.com or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm’s Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.