Nevada Motion for New Trial for Purpose of Expunging Criminal Record

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

Some of the most serious felonies can have up to a 15-year waiting period before the records can be expunged. Certain felonious crimes have reinstatement programs that decrease the waiting time for expungement down to five years from the date of the program's completion.

The new law, referred to by its sponsor as the Nevada Second Chance Act, requires the person convicted of the offense to send a written request to the court which originally convicted them, requesting the sealing. If the prosecuting attorney has no objections to the sealing, the court will grant the request.

The simple answer to that question is NO. Nevada does not expunge criminal records but does allow for a process to have criminal records sealed. Many people use the terms interchangeably, however there are legal differences between expungement and sealing, however, the net effects are roughly the same.

Second chance policies remove barriers to reentry Many individuals leave prison with gaps in their education and employment histories, debt incurred from legal struggles, fines and fees associated with the justice system, and strained ties to their families or communities.

What is a ?motion for a new trial? in Nevada criminal cases? Like it sounds, a motion for a new trial is when a defendant who is found guilty at trial asks the court to hold a new trial. If the judge grants the motion and the defendant gets a new trial, then the verdict of the original trial no longer matters.

Convictions for the following types of Nevada offenses may never get sealed: Crime against children (under 18), Sex crimes, Felony charges of drunk driving (DUI) or drugged driving (DUID), and. Invasion of the home with a deadly weapon pursuant to NRS 205.067.

Process For Sealing a Conviction Record Under the Nevada Second Chance Act. The Second Chance Act establishes a streamlined process for sealing eligible records, including marijuana convictions that qualify. To initiate the request, the person submits a written request to the court in which the conviction occurred.

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Nevada Motion for New Trial for Purpose of Expunging Criminal Record