A conviction for assault or battery can follow you long after you’ve served your sentence, making it difficult to secure employment opportunities, housing, or even certain professional licenses. In Nevada, however, eligible individuals may request to seal criminal records and begin a new chapter with a clean slate.
This guide explains how to seal assault and battery records in Las Vegas, North Las Vegas, and throughout Clark County, including the waiting period, record sealing process, and key legal requirements under Nevada law.
Sealing Assault and Battery Records in Nevada: Understanding the Process
Under Nevada Revised Statutes (NRS), assault and battery are considered crimes of violence, and both assault and battery are specifically classified as such crimes under Nevada law. The severity of the crime depends on the circumstances.
- Simple assault or battery is typically charged as a misdemeanor, punishable by fines or probation.
- Battery causing substantial bodily harm or involving a deadly weapon pursuant to Nevada law can be charged as a felony, carrying more severe penalties and longer waiting periods for record sealing.
Felonies in Nevada are categorized from A to E, with category E and D felony classifications being particularly relevant to assault and battery charges. Other serious offenses, such as felony DUI and crimes involving a controlled substance, may also impact eligibility for record sealing. Certain crimes, including sexual assault, sexual abuse, and sexual molestation, are excluded from record sealing under Nevada law.
Regardless of classification, both offenses leave a lasting mark on your criminal history record until properly sealed by a court order.
Definition of Assault
In Nevada, assault is defined as intentionally placing another person in fear of immediate bodily harm. This means that even if no physical contact occurs, making someone believe they are about to be harmed can result in an assault charge. Assault can be prosecuted as either a misdemeanor or a felony, depending on the circumstances and severity of the incident. A conviction for assault leads to a criminal record, which can affect many aspects of your life, including job prospects and housing options. Fortunately, Nevada law provides a record sealing process that may allow individuals to seal records of an assault conviction after meeting certain requirements. Successfully sealing your record can help limit public access to your criminal record, giving you a better chance at a fresh start.
Eligibility for Record Sealing
The state of Nevada allows many individuals with assault or battery convictions to seal their records, provided they meet certain waiting period requirements and complete all court-ordered obligations. Individuals who have been convicted of an offense or have a criminal conviction must meet all statutory requirements before petitioning for record sealing.
The waiting period begins once the case is closed — meaning after probation, parole, or suspended sentence completion, and after release from actual custody or custody, including any time served in prison. Generally:
- For misdemeanors, you must wait two years after case closure.
- For gross misdemeanors, the waiting period extends to two to five years.
- For felony assault or battery, such as those involving deadly weapons, you must wait ten years from the completion of your sentence.
Certain violations of Nevada law, as well as other misdemeanors and traffic violations, may have different eligibility criteria or waiting periods.
Crimes involving sexual offenses, domestic violence, or sex trafficking cannot be sealed under Nevada law.
The Record Sealing Process in Nevada
The record sealing process follows strict procedural rules under Nevada Revised Statutes and involves coordination between the courts, law enforcement agencies, and the District Attorney’s Office. The process may involve sealing records related to an arrest or criminal charges, not just convictions.
Step 1: Gather all relevant records, including documentation of any arrest or instances where you were arrested, as these records are also eligible for sealing.
Step 2: File a petition with the appropriate courts and serve it on the prosecuting agency and the District Attorney’s Office.
Step 3: The courts have discretion to grant or deny the petition, and the prosecuting agency may object to the sealing of the records.
Step 4: Notify all relevant law enforcement agencies and state-related agencies involved in your case.
If approved, the sealing order is issued pursuant to Nevada law and may be a temporary or extended order depending on the circumstances. This order directs the sealing of all records pursuant to the court’s decision.
Step One: Obtain Your Criminal History Record
Begin by obtaining records pursuant to Nevada Revised Statutes, including a Nevada criminal history report from the Nevada Department of Public Safety and a SCOPE report from the Las Vegas Metropolitan Police Department. These documents verify the exact details of your criminal history and confirm that all sentences are complete.
Step Two: File a Petition for Record Sealing
Once your criminal history is verified, your attorney will prepare a petition requesting the court to seal records. This petition must be filed in the correct jurisdiction, such as the Justice Court or District Court—for example, in Clark County—depending on the original case.
The petition includes your personal details, case numbers, dates of conviction, and proof of rehabilitation. If your case qualifies, the District Attorney’s Office will review your request and forward it to the court.
Step Three: Court Review and Order
If the prosecuting attorney raises no objections, the court grants an Order Sealing Records. In some cases, the court may issue an extended order for protection or record sealing, which remains in effect for a longer period or expands the scope of the original order. The court clerk then sends certified copies of the order to all relevant law enforcement agencies and government agencies, ensuring your records are officially removed from public access.
Step Four: Agency Notification
After approval, your sealed information is removed from public safety databases and restricted from background checks or public view. Certain criminal justice agencies, however, may still access sealed records under limited legal circumstances.
Background Checks and Employment
Employers in Nevada frequently conduct background checks as part of the hiring process, which can reveal your criminal history, including any arrests or convictions. Having a criminal record can make it more challenging to secure employment, especially in fields like education, healthcare, or government positions. However, sealing records of a conviction can significantly improve your employment opportunities by restricting public access to your criminal history.
The record sealing process in Nevada involves petitioning the court to seal records related to your conviction. This process requires submitting a formal petition, which is reviewed by the court clerk and the district attorney’s office. The court will consider factors such as the type of offense, the required waiting period, and your overall criminal history before making a decision.
Because the sealing process can be complex and time-consuming, it is highly recommended to consult with an attorney experienced in record sealing to help ensure your petition is complete and accurate. Successfully sealing your records can help you move forward with confidence when applying for jobs, as most employers will no longer see your past convictions on background checks.
Benefits of Sealing Assault and Battery Records
When your records are sealed pursuant to a court order, they are hidden from public view, allowing you to legally answer “no” when asked about prior convictions on most job applications.
This step helps restore civil rights, opens up employment opportunities, and provides peace of mind knowing your criminal history is no longer visible to the general public.
For many individuals, sealing their record represents not only a fresh start but also a path to rebuild their reputation and reclaim their life.
FAQ
Can assault or battery convictions be sealed in Nevada?
Yes, most assault and battery convictions can be sealed after the required waiting period has passed, except in cases involving domestic violence or sexual offenses.
How long is the waiting period for sealing a battery conviction?
The waiting period varies by case type. For most misdemeanors, it’s two years after the case closes; for felonies involving a deadly weapon, the waiting period can extend to ten years.
What happens once the court seals my record?
Once sealed, your criminal history record is removed from public access. Employers, landlords, and background screening agencies will no longer be able to view your conviction information.
Do I need a lawyer to seal my assault or battery record?
You can file the petition yourself, but an experienced attorney can ensure your documents are accurate and complete, minimizing the risk of delay or denial by the court.
Conclusion
If you’ve served your sentence and met all the waiting period requirements, you may be eligible to seal your assault or battery record under Nevada law. The process can be complex, but with professional guidance, it’s entirely achievable.
At Record Sealing, we help clients navigate the record sealing process with precision and care — from obtaining criminal history records to submitting the final petition.
