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Sealing a Criminal Record for Drug Crimes

Published April 20, 2021 by ADRAS & ALTIG, Attorneys at Law
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A conviction for a drug crime can be a mistake from your past that could haunt you forever. Having a criminal record may impact your opportunities for employment, housing, or education. Fortunately, drug offenders in Nevada may be entitled to have their criminal records and drug convictions sealed. This allows you to have a fresh start in your life, free from the stigma of a criminal record.

Need help sealing your criminal record for drug crimes? Turn to the Las Vegas drug charge attorneys at Adras & Altig. We are hard-nosed criminal defense attorneys who care about our clients’ well-being, freedom, and futures.

We understand that your case has real impacts on your life, so we never look at our clients as just names on a case file. We exclusively focus on fighting for the best outcome for you. With our law firm, you’ll benefit from experienced partners who adopt a team approach to working on behalf of our clients.

Sealing your criminal record can open a window of opportunity in your life that might otherwise stay closed. There’s nothing to lose by finding out how our firm can help you. Call or contact us today for a free consultation with a skilled criminal defense lawyer.

How to Get a Drug Charge Sealed 

Some states expunge criminal records, which destroys them so there is no record. But in Nevada, there’s no such thing as a drug felony expungement. Instead, criminal records are sealed.

When a criminal record is sealed in Nevada, the record continues to exist. However, the effect of sealing the record means that it cannot be accessed except by a court order to unseal the record. This means the record will not show up in a standard background check that a prospective employer or landlord may perform. In fact, the person with the record may be legally entitled to deny that the record even exists.

Having records of a drug conviction sealed begins with obtaining important documents, including your verified criminal history, any additional records relating to your charges that may exist in physical form, and a signed petition requesting to have your record sealed.

Petitions for sealing criminal records are approved or denied by the district attorney’s office in the county where you were convicted. If the DA’s office approves the order, they will send a sealing order to the court clerk to be signed by a judge. If the DA denies your petition, you can correct any deficiencies identified by the DA and resubmit your petition, or you may choose to petition the court for a hearing.

Can a Possession Charge Be Sealed?

Under Nevada Revised Statutes 453.3365, a record of conviction for the possession of controlled substances not for the purpose of sale, including all documents and docket entries in the case, may be ordered sealed by the court, provided the offender fulfills the terms and conditions of their probation or parole, and the court finds that the offender has been rehabilitated.

Can a Drug Felony Be Removed From Your Criminal Record?

Drug felonies can only be sealed under Nevada law. However, the length of time you must wait after you have completed your sentence of probation, incarceration, and/or parole will depend on the grading of your felony drug charge. Waiting times include:

  • Category A felony: 10 years
  • Category B, C, or D felony: 5 years
  • Category E felony: 2 years

Common Drug Crimes in Nevada

Drug possession charges may be misdemeanor or felony crimes, depending on the type of drug, the quantity, and the defendant’s history. First or second possession of a schedule I, II, III, or IV controlled substance is a category E felony. A third or subsequent offense is a category D felony.

A first offense of possession of a schedule V controlled substance is a category E felony. Second and subsequent offenses are category D felonies.

A first marijuana-related offense is considered a misdemeanor. A fourth or subsequent offense may be a category E felony.

Does a Felony Ever “Go Away?”

A record of a felony conviction in Nevada never disappears. However, by sealing the record of the conviction, it becomes invisible in background checks. It allows past offenders to move forward without the legacy of a conviction holding them back.

Want a Tough Drug Charge Attorney? Call Adras & Altig Today

You don’t deserve to have a past drug conviction derail your future. If you need to seal a criminal record for drug crimes in Nevada, get the Las Vegas criminal defense attorneys at Adras & Altig on your side. You can count on us to give your case our full attention so that you can move on with your life.

Call or contact us today for a free consultation.

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