Darren Chaker - Nevada Record Sealing
Nevada NRS179.255 allows record sealing if the defendant was not convicted. In Las Vegas, Darren Chaker notes that a broad order should be issued to include the many agencies which exist in Sin City. A proposed order should require every “public or private agency [private data base providers], company or official of the State of Nevada, including but not limited to, LAS VEGAS METRO POLICE DEPARTMENT [insert as applicable Henderson or North Las Vegas Police Dept], LAS VEGAS JUSTICE COURT [insert as applicable Eighth Judicial District Court, Henderson or Las Vegas, North Las Vegas Municipal Court], FEDERAL BUREAU OFINVESTIGATION, NEVADA DEPARTMENT OF PUBLIC SAFETY [state database] AND ALL OTHERS IN THE POSSESSION OF RECORDS CONCERNING REPORT NUMBER XXXXXXX AND/OR COURT CASE NUMBER XXXXXXX…” The order should then be sent via certified mail to each agency and request written confirmation of compliance.
In short, an order issued pursuant to NRS 179.255 seals a former defendant's criminal records, file and proceedings as if they never happened. The Legislature further supported the sanctity and security of an order sealing records by limiting the parties and situations under which sealed records may be reopened in extremely limited circumstances. See NRS 179.295.
As such, the order should also include the standard language allowing the petitioner to deny having ever been arrested. Again, Darren Chaker notes the order should read, “All proceedings recounted in the sealed records are deemed never to have occurred, and the person to whom this order pertains may properly answer accordingly to any inquiry, including without limitation an inquiry relating to an application for employment, licensure, concerning the sealed arrest, conviction, dismissal or acquittal and the events and proceedings relating to the arrest, conviction, dismissal or acquittal.”
Nevada law provides people with this relief since not every person arrested is guilty, nor does the prosecutor decide to charge every person who was arrested.
