How can I get a first offense misdemeanor domestic battery expunged from my record.

Asked about 1 year ago - Reno, NV

In 2010 I was charged with misdemeanor domestic battery. I have completed all programs case is closed. I want it expunged for employment purposes.

Attorney answers (3)

  1. Garrett Tanji Ogata

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . Even though it is only a misdemeanor offense, Nevada law requires you to wait 7 years to file a petition to seal your records for misdemeanor charges of domestic violence. Once you have waited 7 years, contact a lawyer to file your petition.

    If the charges were dismissed, then you can seal at anytime.

    DISCLAIMER: This is for information purposes only and is not legal advice. Nor does this post create an attorney-... more
  2. Nathan Robert Morris

    Contributor Level 8

    Answered . It is a good question. All of us make mistakes and we want to leave what is behind us in the past. First off, here in Nevada records are not "expunged," rather records of conviction can be "sealed" under Nevada Law NRS 179.245. There are, however, specific rules about when and what types of convictions can actually be sealed.
    Unfortunately, for a misdemeanor domestic violence charge Nevada law requires 7 years to pass from the time you are released from custody or no longer under a suspended sentence (that usually happens when the case is closed) before your conviction could be eligible for sealing.
    The actual law on domestic violence convictions is NRS 179.245(e). You can check out the law online here: http://www.leg.state.nv.us/NRS/NRS-179.html
    Once the conviction is eligible for sealing, specific legal paperwork needs to be filed with the court and the District Attorney's office that includes an official copy of your criminal history and the official records that show what happened with your conviction. (stating that you complied with your requirements and the case was closed, for example) From there, the District Attorney's office will review the paperwork asking for the sealing and the accompanying paperwork proving what your conviction was and what finally happened with it. If they agree with the paperwork asking for the sealing and that the documentation is sufficient and correct and do not choose to fight it, the Court can then grant the request and seal the record of conviction.
    It does not end there! You must then take the order from the Court to each place where you had an arrest or conviction and present it to them and then wait for them to obey the Court order.
    This is not generally a quick process and I do not recommend trying it without legal representation.

    This "answer" is not intended as legal advice and does not in any way create an attorney client relationship.
  3. Alexander M. Ivakhnenko

    Contributor Level 20

    Answered . Obtain a Certified Court Disposition from the Clerk of the Criminal Court in that county and present that to a practicing criminal defense attorney for further review of your Petition to Expunge if statutorily available there.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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