1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Sealing records in Nevada Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by JohnnyT, Sep 27, 2022.

  1. JohnnyT

    JohnnyT Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Nevada
    Hello and appreciate any response in advance!

    I was arrested in Las Vegas, Nevada about 10 years ago...the charge was trespassing in a casino and the DA immediately denied prosecution about one week after the incident. I am in the process of sealing the record.

    As part of the sealing petition/order, I am filling out a list of agencies to include, such as the DA office, court, state records division, police dept, etc (all in Nevada).

    However, I have a CCW application packet in California that has this NV arrest and disposition listed. Therefore, the county Sheriff's office does have a record of this arrest. Would it make sense to include this agency in the petition/order to seal the record? And if so, is the Sheriff dept required to comply?

    Thanks again!
     
  2. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,655
    Likes Received:
    1,720
    Trophy Points:
    113

    When you refer to "this agency," whom are you talking about?

    Comply with what? Also, are you talking about a sheriff in Nevada? Or are you talking about a sheriff in California in relation to your "CCW application packet in California"?
     
  3. JohnnyT

    JohnnyT Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Sorry for miscommunication...
    -Sealing records in Nevada.
    - California Sheriff office has an application packet on file for a CCW with my Nevada arrest which will hopefully be sealed soon.

    Do I include the California Sheriff's office in the order to seal the record? Is the CA Sheriff required to comply with a record to seal from Nevada judge?
     
  4. Zigner

    Zigner Well-Known Member

    Messages:
    4,948
    Likes Received:
    2,817
    Trophy Points:
    113

    The California Sheriff doesn't maintain those records. If you voluntarily provided the information, then you will likely need to provide an amended application. Communicate with the California Sheriff's office on what you should do.
     
  5. Zigner

    Zigner Well-Known Member

    Messages:
    4,948
    Likes Received:
    2,817
    Trophy Points:
    113

    I'd also like to point out that you must list the arrest, even if the record has been sealed. Failure to do so would likely be cause for the CCW to be denied.
     
    army judge likes this.
  6. army judge

    army judge Super Moderator

    Messages:
    35,014
    Likes Received:
    6,057
    Trophy Points:
    113

    Once the cat escapes the bag, the meowing can be heard.

    Put it another way, if a person is arrested, booked, etc.. the arresting agency, the state agency, and the FBI will receive the arrest data collected.

    There are no secrets, even IF state law claims the record is sealed.

    If you want something to be cleansed, ONLY a full pardon granted by the state's executive (as in Governor) will achieve that desire.

    If it was federal crime, you'll need a pardon from the sitting El Presidente.

    Does the FBI provide arrest records at the request of private citizens? | Federal Bureau of Investigation

    Do Expunged Records Show On FBI Background Checks? — Safe Hiring Solutions

    Can FBI arrest records be accessed by the general public? - Expunge Center

    Persons Arrested
     
    JohnnyT likes this.
  7. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,655
    Likes Received:
    1,720
    Trophy Points:
    113

    I don't know what you mean by this. The order will likely be a pre-printed form to which you won't have any ability to add content. If you're asking whether you should serve a copy of the order on the CA sheriff, I see no reason not to do so.

    A NV state court judge has no jurisdiction to order a CA sheriff to do or refrain from doing anything.

    If you want to know whether getting record sealed in NV will have an impact on the CA sheriff's decision to grant or not grant the CCW, the best way to get an answer is to ask the CA sheriff.
     
    JohnnyT likes this.
  8. Redemptionman

    Redemptionman Active Member

    Messages:
    713
    Likes Received:
    102
    Trophy Points:
    43
    The order of expungement once executed will include the agencies which have the information. I however have never heard of them reporting this information unless the charge wasn't completely dropped such as a nolle pros. This will leave you without day and could stay on as a charge which never was prosecuted. Also depends if it is a felony or misdemeanor, I have never heard of a pardon for misdemeanors but I am sure some have happened. Usually expungements are used for less serious crimes while pardons are for the felonies. Generally speaking but I am sure exceptions occur.
     
    JohnnyT likes this.
  9. JohnnyT

    JohnnyT Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    hi all, just to be clear:
    I DID disclose the arrest on the CCW application in CA and have an active CCW.

    My point is that the Sheriff's office in CA now has a record indicating the arrest (without knowing that it was sealed).

    So that's why I am asking, should I serve the order to seal the records from the NV judge to the CA Sheriff's office? Will the Sheriff's office in CA do anything to seal the records, or will they just ignore it?
     
  10. army judge

    army judge Super Moderator

    Messages:
    35,014
    Likes Received:
    6,057
    Trophy Points:
    113


    Asked and answered as noted below!!!!


     
  11. Zigner

    Zigner Well-Known Member

    Messages:
    4,948
    Likes Received:
    2,817
    Trophy Points:
    113

    You told them about the arrest and they issued the CCW even with the arrest present. Your question (and this thread) is moot.
     
    army judge likes this.
  12. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,655
    Likes Received:
    1,720
    Trophy Points:
    113

    Sure. Why not?

    Here's your scenario: You are Person A, and you want to know what Person B (the sheriff) will do in a particular circumstance. However, instead of asking Person B what he will do, you're asking Person C (us) even though Person C doesn't know who Person B is (we only know it's one of the 58 county sheriffs in CA). In other words...

    If you want to know what the sheriff will do, call the sheriff and ask. Or, as I told you eight days ago: "If you want to know whether getting record sealed in NV will have an impact on the CA sheriff's decision to grant or not grant the CCW, the best way to get an answer is to ask the CA sheriff."
     
    adjusterjack, army judge and Zigner like this.

Share This Page