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Arrest records are public records that contain a compilation of information used by law enforcement to keep track of any arrest or temporary detention of an individual, including their personal details, the reason they were arrested, and the charge, if any.
If you’ve been arrested in Las Vegas, our lawyers can help you get your arrest records sealed or removed if you fit the necessary grounds. Contact us today to schedule a free consultation.
Quick Summary
- Arrest records, or arrest reports, are documents available to the public upon request in most states, including Las Vegas.
- It is possible to check a person's arrest history without any costs, either through online third-party reporting agencies or governmental outlets.
- The laws surrounding eligibility for record sealing can vary greatly depending on the type of crime committed and other circumstances.
Are Arrest Records Public In Las Vegas?
Yes, arrest records are public in Las Vegas and are accessible from various government offices, including Nevada Police Departments and Nevada Criminal Courts [1].
However, not all governmental agencies provide access to their arrest records via an online database. For example, the Federal Bureau of Investigation (FBI) doesn’t make its records accessible to the public [2].
Any individual within or outside Nevada can access anyone else's arrest record anytime through background check services at no cost. You can find a person’s age, marriage or divorce records, online presence, arrests, and conviction records.
You can also use similar websites to protect yourself and search for a new partner’s criminal record or to see all registered sex offenders residing nearby.
In addition, the arrest records of individuals currently in custody at the Clark County Detention Center are accessible online when you search their names. However, their arrest record gets removed when the inmate is released from the Las Vegas Detention Center.
Federal court records can also be easily found on the Public Access to Court Electronic Records (PACER) system.
While arrest records are opened to the public, the U.S. government protects the privacy of some legal documents. For example, birth records remain closed for seventy-five years and death certificates for twenty-five in most states.
How To Obtain Arrest Records In Las Vegas?
You can obtain arrest records in Las Vegas through the law enforcement agency that made the arrest.
For example, you may submit a request through the Freedom of Information Act (FOIA) and the National Crime Information Center (NCIC). Commercial providers also gather public record information and make it accessible for a fee.
Las Vegas Justice Court strives to build and maintain the public's trust by ensuring that every person is granted equitable access to justice.
But you may need to provide proof of identity (a valid driver’s license, state-issued ID, or passport), proof of relationship, or an acceptable reason for wanting access to these records).
Can Employers Ask About My Arrest Records?
Yes, employers can ask about your arrest records, as no federal law bans them from doing so.
However, applicants must not be discriminated against unfairly based on their criminal history because it doesn’t necessarily reflect their current character.
Many states and local ordinances have taken steps to prevent employers from using an individual's past arrests or convictions as a determining factor in hiring decisions, recognizing the importance of second chances.
To ensure a fair and equitable hiring process, the EEOC advises employers to avoid inquiring about criminal convictions on job applications.
Instead, if necessary, questions should only be limited to crimes directly relevant to how successful that particular application would be in its role, as well as being essential for protecting the company's business needs.
The Fair Credit Reporting Act (FCRA) also requires employers using third-party agencies for consumer reports, such as criminal histories, to inform applicants and receive written authorization before obtaining said records.
What Is The Waiting Period To Seal Arrest Records In Las Vegas?
The waiting period to seal arrest records in Las Vegas depends on various factors, such as the type of crime and the judgment.
- Category A felonies, crimes of violence, and burglary must wait ten years from the date of the incident before a request for sealing their arrest records can be made.
- Category B, C, and/or D felonies have a waiting period of five years.
- Category ‘E’ felonies have a waiting period of two years.
- Enhanceable misdemeanors must wait seven years to seal their arrest records.
- Gross misdemeanor offenses, misdemeanor battery, harassment, stalking, and violation of a temporary and/or extended order for protection have a waiting period of two years.
- Charges declined to prosecute have a waiting period of either eight years or following the expiration of the statute of limitations.
How To Seal Your Arrest Records
To seal your arrest records, you must first obtain a Criminal Certificate of Disposition from the court.
After that step, you must fill out the Sealing Application and the Affidavit of Service, sign them in front of a notary public, attach any proof of rehabilitation you have (such as volunteer or charity work), and send it to the District Attorney’s Office.
Lastly, applicants should file the Sealing Application, Affidavit of Service, and Certificate of Disposition with the court
If the court accepts your request, you must mail a record sealing order to each agency that may have a copy of your arrest record, such as the Department of Public Safety or the police department.
“If the district attorney’s office denies a petition, an explanation will accompany your returned paperwork. Then, you can either correct/change the paperwork as advised and resubmit to the district attorney’s office or petition the court for a hearing before a judge. If you obtain a hearing, you must notify the DA’s office.”
- Steven Altig, Law Expert at Adras & Altig
The district attorney's (DA) office in Las Vegas (Clark County) has particular guidelines on the original papers and copies that must be produced, the language of your petition, the details it must include, and even the presentation of the documents when they are filed.
For each crime on your record, you must mention the following:
- Date of arrest;
- Arrestation agency;
- Case number;
- Charge;
- Final outcome.
Although it is a progressive idea for the State of Nevada to allow residents to have their criminal records sealed, the actual procedure is difficult, as most legal issues are. An application can be derailed by a single misunderstanding or omitted requirement.
Although sealing criminal records is permitted by Nevada law, it is not a given. Once your petition has passed the district attorney's office, a judge will have the last say [9].
Am I Eligible To Seal My Arrest Records?
You may be eligible to seal your arrest records if you have no more than two misdemeanor convictions or one felony and one misdemeanor conviction.
You are also eligible to seal your arrest records if you haven’t committed any criminal activity for at least ten years from the date of your last conviction or release from prison, whichever is later.
If you have two convictions and were charged with multiple crimes during one accident, you may still get your arrest records sealed. However, serious felonies such as sex offenses and acts of violence are not eligible for sealing.
If you are not an American citizen, Immigration can still see your sealed convictions.
However, it is worth noting that the laws surrounding eligibility for record sealing can vary greatly depending on geographical region and specific circumstances, so it is important to research one's own situation thoroughly before making any decisions regarding sealing or expungement of criminal records.
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FAQs
How Do I Get Arrest Records In Las Vegas?
You can get arrest records in Las Vegas from the Office of the Sheriff in the county where the incident occurred, the Department of Public Safety, or through commercial third parties that specialize in collecting publicly accessible legal documents like Nevada State Records.
Can I Look Up Someone's Criminal Record For Free?
Yes, you can look up someone’s criminal record for free. However, the availability of free criminal record information varies from country to country and state to state, so it is important for individuals to be aware of the local laws concerning access to such records.
Get A Free Consultation With Our Arrest Record Sealing Attorneys
A record of arrest may follow you and cost you job opportunities, rental housing, education loans, or countless other chances. The process is often complicated, especially in Nevada.
Schmidt & Clark, LLP is here to guide you and help protect your future. Our experienced lawyers understand the consequences that come with an arrest record and can assist in removing it.
Contact us today to learn how they can help restore your rights and get you back on track.
References:
- https://nevada.staterecords.org/criminal.php
- https://staterecords.org/arrests