Part 2 preparing and gathering documents
Preparing and gathering the appropriate documents before beginning your Petition to Seal Records can be the difference between success and failure. Nevada Revised Statutes (NRS) 179 lists documents that must be included with any Petition, and failure to do so can cause your Petition to remain unsigned for an extended period of time, or even be denied. For instance, NRS 179.245 lists out several requirements for a valid Petition detailed below:
NRS 179.245
(a) Be accompanied by the petitioner’s current, verified records received
from the Central Repository for Nevada Records of Criminal History;
(b) If the petition references NRS 453.3365 or 458.330, include a
certificate of acknowledgment or the disposition of the proceedings for the
records to be sealed from all agencies of criminal justice which maintain such
records;
(c) Include a list of any other public or private agency, company, official
or other custodian of records that is reasonably known to the petitioner to have
possession of records of the conviction and to whom the order to seal records,
if issued, will be directed; and
(d) Include information that, to the best knowledge and belief of the
petitioner, accurately and completely identifies the records to be sealed,
including, without limitation, the:
(1) Date of birth of the petitioner;
(2) Specific conviction to which the records to be sealed pertain; and
(3) Date of arrest relating to the specific conviction to which the
records to be sealed pertain.
The importance of these particular requirements cannot be overstated. This is particularly true because you can spend considerable time and resources, only to face a rejected Petition, despite that you were otherwise eligible.
Moreover, properly providing such documents in support of your Petition may aid you in your attempt to convince the prosecution to stipulate to your Record Sealing. Under NRS 179.245 (4), the prosecuting agency may stipulate (agree) to seal your records. While this stipulation is contingent on properly adhering to the requirements (among others) listed above, this means that the Prosecutor can sign off and agree with your request. As a result, you can receive a signed Order from a Judge sealing your records, without the need to attend a court hearing.
****Below is a list of the general documents you must gather before you prepare your Petition****
Step 1. Get Fingerprinted
- How: Locate any approved fingerprinting location in Las Vegas that can help you complete the FD-258 fingerprint card. ***Note*** this can also be done at most police departments.
Step 2. Obtain a Money Order
- How: Obtain a money order or certified check for $23.50, payable to the Nevada Department of Public Safety.
Step 3. Acquire your criminal history record (CHR)
- How: Go online to the Nevada Department of Public Safety and obtain form DPS-006, which you must fill-out.
- Include your fingerprint card and the $23.50 payment along with your DPS-006 form and mail it to: Department of Public Safety Records, Communications, and Compliance Division, Unit 333 West Nye Lane, Suite 100 Carson City, Nevada 89706.
- Your records should process in 4-6 weeks and be returned to the address you indicated on the DPS-006.
Step 4. Get your SCOPE
- What is a SCOPE? A SCOPE is a report of your criminal history with a specific police department.
- How: to acquire your SCOPE, you must obtain an official SCOPE Request Form from each police department where you have charges and fill it out in person or mail it in. There will likely be a small fee of approximately $10.
Step 5. Obtain Other Supporting Documents
- Why they are needed: Supporting documents will sometimes be necessary on a case-to-case basis depending on the crime that is being sealed. For instance, it may be helpful to include a copy of the register of actions from your case, your Judgment of Conviction (JOC), or even your probation discharge paperwork to ensure the process goes smoothly, despite that they may not be required by law.
- How: To get a copy of such records you must go to the Court Clerk’s office where the charge is located and ask for a copy of your court files. There will likely be a small charge per page printed.
Once you have accomplished the above, you are officially ready for the next step in the record sealing process; Preparing your Petition, which we will cover in the next part of this series.
Please contact ZT Law Group today for a free consultation about your record sealing rights in Nevada. 702-359-0157