Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Make sure the form is filled out completely and written legibly. Otherwise the form will be returned.
Step 2: Get fingerprinted
Get fingerprinted by a local fingerprinting service on a standard fingerprint card FD-258. The card must include all ten fingerprints scanned simultaneously. Another term for this is plain or flat impressions.
The card must also include:
Date of birth (dob)
Place of birth
Finally, the card has to be dated and signed by the fingerprinting technician. And the card must be an original, not a copy.
Step 3: Pay the fee
The cost of a Nevada criminal history statement is $27. The payment can be in the form of either:
Money order, or
The payment must be made out to the Nevada Department of Public Safety. It must be signed. And it must be for the exact amount of $27. If more than one person is mailing in a record request in the same envelope, it should include separate money orders or certified checks for each person.
The state does not accept cash or personal checks.
Step 4: Prepare the paperwork and mail it
Staple the request form, fingerprint card, and fee together. Then mail it to:
Department of Public Safety Records, Communications and Compliance Division
333 West Nye Lane
Carson City, Nevada 89706
Step 5: Wait for a response
It will take about 45 days for the Repository to send back either:
The criminal record, or
A letter indicating that there is no criminal record
If 45 days pass, call the Repository to ask for an update. The phone number is (775) 684-6262. Office hours are Monday through Friday from 8:00 AM to 5:00 PM.
Step 6: Petition to seal the record (strongly advised)
Everyone is advised to seal their criminal records if possible. The process requires extra paperwork and takes several months to complete. But once the record gets sealed, it will no longer show up on background checks (with some exceptions).
Dismissed charges can be sealed in Nevada right away. Otherwise, there is a mandatory waiting period before a person is eligible for a seal:
Waiting period to get a record seal (after the case closes)
Some category A felonies, burglary of a residence, and felony crimes of violence
Felony DUI, certain sex crimes, and certain crimes against children
Once a record is sealed, the person can legally deny under oath that he/she ever had a record. But there are some circumstances where a person may have to reveal a sealed criminal record. For instance, the Nevada Gaming Commission usually has access to sealed records.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
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