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Nevada Criminal Record Sealing of a Crime Against A Child

Nevada Sex Offender

Sex offender photo by Victor Casale

Nevada’s criminal record sealing law is one of the best post-conviction remedies offered in any state. It provides a powerful benefit by sealing the court case and arrest so much so that the record cannot be seen without a court order and, even then, only by law enforcement or the Nevada Gaming Commission.

The law which authorizes a criminal record to be sealed, NRS 179.245, a short list of crimes that are not eligible to be sealed. First on the list is one that often confuses or, worse, often deters a person from applying to have their record sealed is that the crime cannot have been against a child.

A person who does not have legal training may read that requirement and think that someone convicted of child abuse or child neglect would never be eligible to have their record sealed in Nevada. What could be more obvious, both of those crimes by definition are against a child.

Nevada Record Sealing Law Eligibility Is Tricky

Well, this is where some legal training comes in handy. The term crime against a child is not what it seems. That is, it is not what the plain language of it suggests. The term is actually a reference to a list of crimes defined in Nevada law as crimes against a child. NRS 179D.0357 defines crimes against a child as kidnapping, false imprisonment, and sex trafficking involving a victim who is under the age of 18 at the time of the offense. Those are some pretty serious offenses, all of which are felonies. Misdemeanor child neglect and child abuse are a long way away from what is defined as crimes against a child.

So, unless a person was convicted of one of those three offenses, the prohibition against sealing a record where the victim was child does not apply. This nuance in language and law is a perfect example of why it is important to consult a lawyer when considering anything involving the law. I am sure many well meaning people have misread the law and given bad advice or taken their own bad advice.

Sexual Offense Waiting Periods Before Sealing

Of course, there are other requirements, most notably are the waiting periods, which start after the sentence, including probation or parole, are complete. 15 years for Category A or B felonies. 12 years for category C or D felonies. 7 years for category E felonies, gross misdemeanors and misdemeanor DUIs. 2 years for misdemeanors. There is no waiting period for arrests without conviction after dismissal or acquittal.

Hit-and-Run Accident in Nevada and Criminal Charges

According to a report by CNN morning show, New Day, an elderly man at a gas station in Las Vegas become the victim of a hit-and-run when a driver deliberately hit the gentleman and continued to speed-off away from the scene. The question seems to be, was this an accident, or was the incident intentional, and, in which case, attempted manslaughter. Investigators have turned to YouTube in hopes that someone will be able to identify the Honda Civic on camera. For everyone else, this could be the perfect opportunity to investigate the terms and penalties of Nevada’s hit-and-run laws.

Honda civic involved in a hit and run

Similar Honda Civic involved in hit and run.
Photo by Highway Patrol Images

What Constitutes as a Hit-and-Run in Nevada

The phrase ‘hit-and-run’ is most often associated with a person in a vehicle assaulting a pedestrian by hitting the pedestrian with the vehicle. The actual definition of a hit-and-run is actually much broader. According to Webster’s definition, a hit-and-run is “denoting a motor accident in which the vehicle or vessel involved does not stop, or a driver, victim, vessel, etc., involved in such an accident: a hit-and-run by boating accident / a man on a bicycle had been struck and killed by a hit-and-run driver.” It is important to note that a hit-and-run can occur regardless of whether or not the vehicle is a car or another form of motor vehicle.

NRS 484E.010 Terms and Penalties

The legal definition of a hit-and-run, however, varies from state-to-state. In Nevada, as per NRS 484E.010, a hit-and-run is defined as failing to comply with the “duty to stop at scene of accident involving death or personal injury.”

NRS 484E.010, including terms and penalties, reads as follows:

  1. The driver of any vehicle involved in an accident on a highway or on premises to which the public has access resulting in bodily injury to or the death of a person shall immediately stop his or her vehicle at the scene of the accident or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of NRS 484E.030.
  2. Every such stop must be made without obstructing traffic more than is necessary.
  3. A person failing to comply with the provisions of subsection 1 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 2 years and a maximum term of not more than 15 years and by a fine of not less than $2,000 nor more than $5,000.

NRS 484E.020 Terms and Penalties

Nevada law also provides for hit-and-runs involving one’s duty to stop at the scene of an accident involving damage to a vehicle or property, rather than merely demanding accountability when bodily injury is concerned.

NRS 484E.020, including the terms and penalties, reads as follows:

  1. Immediately stop his or her vehicle at the scene of the accident; and
  2. As soon as reasonably practicable, if the driver’s vehicle is obstructing traffic and can be moved safely, move the vehicle or cause the vehicle to be moved to a location as close thereto as possible that does not obstruct traffic and return to and remain at the scene of the accident until the driver has fulfilled the requirements of NRS 484E.030.

NRS 484E.030 Terms and Penalties

Lastly, Nevada law provides for one’s duty to report the accident and render aid in the event of a hit-and-run:

NRS 484E.030, including the terms and penalties, reads as follows:

  1. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall:
    • (a) Give his or her name, address and the registration number of the vehicle the driver is driving, and shall upon request and if available exhibit his or her license to operate a motor vehicle to any person injured in such accident or to the driver or occupant of or person attending any vehicle or other property damaged in such accident;
    • (b) Give such information and upon request manually surrender such license to any police officer at the scene of the accident or who is investigating the accident; and
    • (c) Render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person.
  2. If no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsection 1 and NRS 484E.010, insofar as possible on his or her part to be performed, shall forthwith report such accident to the nearest office of a police authority or of the Nevada Highway Patrol and submit thereto the information specified in subsection 1.
What to Take Away

In Nevada, an individual can be charged with a hit-and-run if he or she fails to perform the following duties when involved in an accident:

  1. Stop to provide his or her
    • Name
    • Address
    • Proof of Registration
    • Driver’s License
  2. Stop to render aid to legal parties (e.g. Call 911)

The penalties for a hit-and-run in Nevada are as follows:

  • For a hit-and-run involving property damage, the offender may be charged with a misdemeanor, a fine of up to $1,000, and up to 6 months in jail.
  • For a hit-and-run involving injury or death, the offender may be charged with a felony, and may face 15 years in state prison.

In the event of a hit-and-run involving property damage, the state must be able to prove that the driver was aware of the accident at the time in order to press charges. The state is also obligated to provide the identity of the driver. Simply knowing the registered owner of a vehicle is not sufficient because there is no way of proving that the owner of the vehicle is driving.

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How to Protect your Privacy in Nevada

How to Protect your Privacy in Nevada

When most people think of protecting their privacy, they think of ways to protect their identity by preventing identity theft, securing private Facebook accounts, or paying to make sure that their number is unlisted. What most people do not know, however, is that if they have ever been charged of a crime, regardless of whether or not they were convicted of the crime, information pertaining to the charge may be easily accessible on line. If you were ever charged with a crime in Nevada, the best way to ensure that your privacy is protected is to make sure that searching your name on line does not show up in the results.

The first step to protecting your privacy is to make sure that you have a clear criminal record. Once your criminal record has been cleared, you are within your legal rights to make sure that any sealed offense, be it an arrest or conviction, does not show up on criminal background checks of any kind. While monitoring all websites with your information may not be possible, you can make sure that court records and the records of all other government agencies have been changed to show that your record has been sealed, provided that you have successfully sealed your record. The courts will send a notice to the Nevada Department of Public Safety (DPS) to update their records of your case. All other relevant agencies are updated by the DPS, or at least get their information from the DPS.

Even Without a Conviction, Booking Information May Still be Online

If you were only arrested or charged with an offense, but not convicted, then your mugshot and booking information may still be on the internet. There are mugshot removal websites that charge to remove your mugshot from their site. If, however, you can prove that you were never convicted of the charge for which you were arrested, or that you have been exonerated of the charge, you are legally entitled to have the website remove your mugshot from the site, free of charge.

While you always have the option to research your criminal background on your own, investing in a firm or business that specializes in making sure that your background is clear is highly advisable. The right firm will be familiar with the research entailed in making sure that information about your case does not show up on background checks for employment and housing, and/or on major websites. One such service is the criminal background check removal service provided by RecordGone.com.

To learn more about clearing your record, you can read our article on Las Vegas record sealing

How to Terminate your Sex Offender Registration in Nevada

If you are registered as a sex offender in Nevada, whether for committing a sex offense or for committing a crime against a child, you may be eligible to terminate your registration as a sex offender, depending on the Tier of the offense. Some offenders may even qualify to terminate their duty to register as a sex offender prematurely. Once you terminate your registration as a sex offender, you no longer have to endure the stigma of being listed as a sex offender.

The time frame that an offender must register for varies depending on the level of the Tier of the offense:

  • Tier I:
    Offender must register for 15 years maximum
  • Tier II:
    Offender must register for 25 years maximum
  • Tier III:
    Offender must continue to register for life (as long as he or she lives, works, or goes to school in Nevada)

Other Nevada Sex Offender Termination Requirements

If you were convicted of a Tier I offense and have fulfilled 10 consecutive years of your duty to register, you may be eligible to petition the court to prematurely terminate the remainder of your registration period. To be eligible, you cannot have been convicted of a felony or a sexual offense during your registration period, and you must have completed an approved sex offender treatment program, and must have completed any periods of supervised release, probation, or parole. This option for registration reduction is also available to those sentenced to a Tier III offense by a juvenile court. The requirements are the same except for the waiting period. A Tier III juvenile offender must satiate a 25-year waiting period before he or she is eligible to petition for a registration reduction. If your petition is denied, you can reapply at any time.

Once the petition to terminate your requirement to register as a sex offender in Nevada is terminated, the judge will issue you an order releasing you from the requirement. It is advisable, however, that you check with the State and your sex offender caseworker to confirm the official date of your release so that you are not arrested for failure to register.

More information can be found in this Nevada sex offender registration termination FAQ.

Seal Criminal Record In Las Vegas

Seal Criminal Record In Las Vegas

Las Vegas is an easy place to get a criminal record. Las Vegas is not just home to 2 million people; it also attracts millions of fun-seeking visitors each year. The good news is that Nevada is one of the best states, when it comes to giving people a second chance, by letting them seal their criminal record.

What Nevada calls record sealing is called expungement in other states.

If you have a criminal record in Las Vegas or anywhere in Nevada, it won’t take you long to realize that having a criminal record is a lasting punishment that makes getting housing and employment more difficult. This is largely because Nevada does a great job of giving the general public access to criminal records— good for the public, maybe? But definitely not good for you if you have a felony or misdemeanor record.

But there is great news. Nevada record sealing law seals arrests and convictions, even from the FBI. In fact, the only agency that would ever have access to your sealed record would be the Nevada Gaming Commission.

Most criminal records in Nevada are eligible to be sealed or will be eligible to be sealed once waiting periods are met. Once sealed, the arrest and case will not appear on background checks which is really great news!

You will need to go back to the court that convicted you to get your arrest sealed. The courts do charge a filing fee— sometimes as high as $250. But, that is a small price to pay if it means getting a job.

Most offenses, including felonies, can be sealed by the court.

To be eligible to have a record sealed, you must meet the following waiting periods:

To be eligible, you must have completed the waiting periods from the date you are discharged from probation or parole as listed below:

• Category A or B Felony: 15 years
• Category C or D Felony: 12 years
• Category E Felony: 7 years
• Gross Misdemeanor: 7 years
• Misdemeanor: 2 years
• Misdemeanor DUI: 7 years
• Misdemeanor Domestic Violence: 7 years
• Arrest without a conviction After dismissal or acquittal: no waiting period

It is possible to get your Nevada record sealed without a Nevada record sealing attorney, but an attorney can often get it done faster and with better results.

According to attorney Mathew Higbee, having your record sealed can take between 1 month and 6 months, depending on the age of the court record and the workload of the court. Higbee says that having your record sealed is a “great decision that everyone with a record should make.”

Most record sealing attorneys charge around $700 to seal a case in Clark County. Rural counties sometimes cost more because of the travel time. If you do not have an lawyer you are happy with, contact the Better Business Bureau and see if the one you are talking to has an “A” rating.