Question: I was told I can’t be on my company’s auto policy because I have a ticket. Can I have the record sealed?
In order to completely answer this question, first we need to clarify a few things. In Nevada, there are only three categories of criminal activity:
- Gross misdemeanors
Many other states will have different levels, including infractions or citations. If you receive any kind of citation in Nevada, it is a misdemeanor citation. So, anytime you are “found guilty” through pleading (which includes just paying a ticket in the mail) or through trial, that is equivalent to being convicted of a misdemeanor.
To quote one of my favorite bands, “I hope you know this will go down on your permanent record.” But don’t get distressed, there are ways to fix it. The most thorough and permanent fix is a governor’s pardon. This works for all crimes and will completely wipe off the incident from your record, restoring any rights that may have been lost through conviction. Of course, for most misdemeanors, this is completely overkill and unnecessary. Although because a governor’s pardon restores ALL rights (whereas a sealing of record doesn’t), it can greatly benefit with domestic battery convictions which affects gun rights. In Nevada, we have the ability to seal a record, in other states this is called expunging a record, the end result is essentially the same. After a record is sealed, and the notices are sent out, the record will be permanently altered in such a way that MOST people will not be able to see it.
It is important to note that there are certain crimes that may not be sealed, such as crimes against a child, sexual offenses, felony driving under the influence, etc. Also, cases must be sealed in order, newest to oldest, although courts are now allowing for multiple sealings at the same time.
Before a record can be sealed, ANY and ALL sentencing requirements (including paying fees, community service, prison, parole, probation, etc) must be completed FIRST. Then the time period can begin that’s required for sealing that record. In other words, when all ties to the court sentencing and penal system have been finished, then the time starts to countdown for eligibility of record sealing.
Different convictions have different waiting periods before their record can be sealed:
- 10 YEARS:
- Category A felonies (things like murder, trafficking, and kidnapping)
- 7 YEARS:
- Crimes of financial and fraudulent use of services
- 5 YEARS:
- Category B felonies (grand larceny, home invasion, etc.)
- Category C felonies (possession of a stolen vehicle, elder abuse, child pornography, etc)
- Category D felonies (involuntary manslaughter, forgery, perjury, etc)
- 2 YEARS:
- Category E felonies (primarily possession of controlled substances).
- Gross misdemeanors (crimes that are punishable by up to 364 days in jail)
- 1 YEAR:
- Most misdemeanors (petty offenses that are punishable by no more than 6 months in jail)
If you were arrested and the case was either dismissed or you were acquitted at trial, you can immediately petition to have the arrest record sealed. If there was no arrest or conviction, then there is no record to be sealed, so no further action required.
So, back to the initial question above, YES, you can have your traffic ticket sealed, if you’ve met the sentencing requirements, and waited the specified time period (usually 1 year for most simple traffic violations). If you decide to try the process yourself, there are online instructions to help.
While sealing records is not hard work, it can be quite complicated and tedious work. It reminds me of doing taxes in that way. There is also the risk of completing the paperwork incorrectly. Just like taxes, there can be repercussions for making mistakes in the process. For sealing of records, a mistake could cost an extra year or more before the record is eligible to be sealed. So, just like with taxes, sometimes it may be worth hiring a company, or a trusted attorney to assist in these matters.