Is It Better to Expunge or Seal Your Record?

A criminal record can haunt you for the rest of your life, making it more difficult to pursue an education, find a career, or buy a house. Even if you were convicted of a relatively minor offense, you could still bear the lasting burden of a criminal record as a result.

If you have a criminal record in Nevada, however, you may be able to file a legal petition to have your record concealed. While this doesn’t erase your record, it will prevent most people from accessing it. For the most part you can move on with your life as though the incident never occurred.

Continue reading to learn more about how records are sealed or expunged and whether you might be eligible to file a petition to seal your Nevada criminal record.

What Is the Difference Between Sealing and Expunging a Record?

When a criminal record is expunged, it is completely erased and removed from state or federal records. Courts that receive expungement orders are expected to treat criminal convictions as if they never occurred at all. If you are granted an expungement, a criminal conviction is removed from both your personal criminal record as well as the public record.

When a criminal record is sealed, on the other hand, no one can view the contents of the record without a court order. This means the record still physically and legally exists, but it is more difficult to access. If your record is sealed, most schools, landlords, and employers won’t be able to see it. You can legally deny that a conviction ever occurred.

What Records Can You Expunge?

The state of Nevada does not currently allow records of any kind to be expunged. However, it’s still possible to have a criminal record sealed, which offers many of the same benefits as having a record expunged.

What Records Can You Seal?

If you are convicted of a sex crime, a crime against children, invasion of a home with a deadly weapon, or a felony DUI, you are not eligible to have the record of that offense sealed.

However, criminal records can be sealed for most other types of convictions after certain waiting periods, such as:

• Dismissed charges – You may file a record seal petition immediately after charges have been dismissed.
• Misdemeanor charges – You may file a record seal petition for most misdemeanors after one year.
• Gross misdemeanors, category E felonies, and misdemeanor battery, harassment, or stalking – You may file a petition after two years.
• Most category D felonies, category C felonies, and category B felonies – You may file a petition after five years.
• Misdemeanor DUIs and battery domestic violence charges – You may file a petition after seven years.
• Category A felonies, burglaries, and felony violent crimes – You may file a petition after 10 years.

Talk to a Criminal Defense Lawyer at Adras & Altig

If you are interested in sealing your criminal record in Nevada, Adras & Altig can help. Our team concentrates on Las Vegas criminal defense law. We are prepared to work relentlessly to protect your rights.

Contact us today to discuss the details of your case in a free, confidential consultation.

The post Is It Better to Expunge or Seal Your Record? appeared first on ADRAS & ALTIG, Attorneys at Law.

from ADRAS & ALTIG, Attorneys at Law https://www.adrasandaltiglaw.com/is-it-better-to-expunge-or-seal-your-record/
via https://www.adrasandaltiglaw.com

How to Seal a Criminal Record in Nevada

Having a criminal record can negatively impact your life in many ways. A conviction on your record, especially for a felony crime, makes it harder to get a job, buy a house or a car, apply for a loan, and even live in certain areas. A felony conviction also bars you from being able to vote, serve on a jury, and hold political office.

While Nevada does not allow criminal records to be expunged, you can have your records sealed under certain circumstances.

At Adras & Altig, we understand how difficult life can be with a criminal conviction on your record. Our dedicated and experienced Las Vegas criminal defense attorneys stand ready to walk you through the process and help you follow the necessary steps to get your records sealed.

Call or reach out online now to talk to us for free.

Steps to Have Your Nevada Criminals Records Sealed

Here are the steps you’ll need to take to get your records sealed if you were charged with a crime in the Las Vegas area:

• Get a verified copy of your criminal history.

The first thing you need to do to seal your records is to get a full, verified copy of your criminal record. This is sometimes known as a SCOPE. In Las Vegas, you can get a SCOPE from the Las Vegas Metropolitan Police Department (learn more here). If you were convicted of a charge, you’ll also need to obtain a judgment of conviction and discharge from the Clark County District Court Clerk.

• Type out a stipulation, petition, affidavit, and order.

Once you have a verified copy of your criminal history, you’ll need to determine which court to file your petition with. If all the charges on your SCOPE report are from one court, you file the petition with that court. If the charges on your SCOPE report were handled in multiple courts, then you file your petition with the Eighth Judicial District Court of Clark County.

After determining which court has jurisdiction over your petition, you’ll need to download and fill out the necessary petition forms, which you can find here. These forms should be typed, not handwritten. Once you’ve filled in all the necessary information, make three copies of each document.

• Mail or drop your package off at the Las Vegas District Attorney Office.

All of your forms need to go to the Las Vegas District Attorney’s Office at 200 Lewis Avenue, Room 3305, P.O. Box 552212, Las Vegas, NV 89155-2212. Be sure all forms are complete and filled out correctly before mailing your package.

• Wait for a response.

If the District Attorney agrees to have your records sealed, they’ll mail you back a signed order to that effect. You can then take that order to the clerk of the court that has jurisdiction over your case, who will then present it to a judge.

If the judge agrees to sign off on the order (they usually do if the DA has already agreed), you’ll get a copy of the completed order to have your records sealed. You can then take the order to the various police agencies that have your records on file and give it to them, at which point the agency is obligated to seal your records.

If the DA does not agree to seal your records, you can attempt to appeal directly to the judge, though you should talk to a lawyer first because it’s extremely difficult to get a judge to seal your records if the DA disapproves.

This process is broadly the same for all Nevada courts, though the police agencies involved and the relevant courts will be different in other jurisdictions. A lawyer can answer any questions you have about where to file your petition or other issues with the process.

Are There Some Records That Cannot Be Sealed?

While the records for many crimes can be sealed after a sufficient waiting period, some criminal records cannot be sealed.

Criminal records that cannot be sealed include:

• Any crimes against minors (people under the age of 18)
• Sex crimes
• Felony charges for drunk driving or drugged driving
• Home invasion charges if a deadly weapon was used in the commission of the crime

Contact a Las Vegas Record Sealing Lawyers

To make the record-sealing process go as quickly and painlessly as possible, it’s a good idea to get help from an experienced criminal defense lawyer. Get a free initial consultation with our Las Vegas record-sealing lawyers by calling our office or visiting our contact page.

The post How to Seal a Criminal Record in Nevada appeared first on ADRAS & ALTIG, Attorneys at Law.

from ADRAS & ALTIG, Attorneys at Law https://www.adrasandaltiglaw.com/sealing-a-criminal-record/
via https://www.adrasandaltiglaw.com

Tourist Arrest in Las Vegas

Being arrested is always a frightening and stressful experience, but it can be even more distressing if you’re arrested while you’re traveling out of town.

With so many people visiting Las Vegas every year, it’s inevitable that some of these tourists may run into trouble with the law. Unfortunately for many visitors to Vegas, it’s difficult to know what to do if you’re arrested outside of your home state, especially if you’ve never dealt with the criminal justice system before.

Here are a few tips from the veteran Las Vegas criminal defense attorneys at Adras & Altig, Attorneys at Law.

Steps to Take If Arrested in Las Vegas as a Tourist

What you do following your arrest can affect your case. Here are steps you should take if you’re arrested in Las Vegas:

• Stay calm. Being arrested is stressful, but it’s important to keep cool as best you can. A panicked response is likely to lead to more trouble for you.
• Don’t say anything. You have the right to remain silent, and we strongly recommend you use it. Attempts to talk yourself out of trouble rarely succeed. Talking to the police is more likely to get you into further trouble than to resolve your legal issue. Your words can be twisted and used against you later on.
• Don’t try to flee the scene. No matter how bad things may seem if you’re arrested, trying to run will only make matters worse.
• Call a local criminal defense lawyer immediately. Your best option is to hire a local criminal defense lawyer to represent you. Only lawyers who are licensed by the Nevada State Bar can represent you in court. Even if you have a personal lawyer in your home state, there’s a good chance they will not be able to represent you here. A local lawyer can get you out on bail, represent you in your Nevada court proceedings, and advise you on the best course of action for your particular situation.

Most Common Criminal Charges for Out-of-State Visitors in Las Vegas

Because Las Vegas is a tourist destination, visitors commonly face some different charges from local defendants. Some of the most common charges for tourists include:

• Solicitation for prostitution (prostitution is legal only in certain rural areas of Nevada and not in Las Vegas)
• DUI
• Drug charges
• Assault or battery
• Unpaid casino debts
• Open or gross lewdness

Will Your Criminal Record Follow You Home?

Anytime anyone in the United States is convicted of a state or federal offense, that record is entered into a database known as the National Crime Information Center, or NCIC.

This means that an arrest in Las Vegas will show up if someone runs a background check on you in your home state. However, you can apply to have your records sealed after a certain amount of time has passed following your conviction. An attorney can help you get your records sealed.

Get Legal Help from Local Criminal Defense Lawyers

A local, Nevada-based defense attorney is essential for any tourist who’s arrested in Las Vegas. The criminal defense lawyers at Adras & Altig, Attorneys at Law have more than 40 years of combined legal experience. Our collaborative approach to our cases helps us pursue the best results for our clients.

Call us today to review your case at a free initial consultation, or you can visit our contact page.

The post Tourist Arrest in Las Vegas appeared first on ADRAS & ALTIG, Attorneys at Law.

from ADRAS & ALTIG, Attorneys at Law https://www.adrasandaltiglaw.com/tourist-arrest-in-las-vegas/
via https://www.adrasandaltiglaw.com

Can ‘Assault with a Deadly Weapon’ Charges Be Dropped?

Assault with a deadly weapon is a serious crime in Nevada. Being found guilty of using a gun or deadly weapon of any kind during a crime can add 20 years to a prison sentence.

If you are facing charges of assault with a deadly weapon, an experienced criminal defense attorney can exhaustively analyze your case to develop a compelling legal defense on your behalf. Our attorneys are ready to work relentlessly to reduce your sentence or get your charges dropped altogether.

There are several potential defenses that can be used to get an assault with a deadly weapon charge dropped. Your defense will depend on the unique circumstances of your case. You should contact a lawyer immediately to get started. An experienced criminal defense attorney from Adras & Altig, Attorneys at Law can help you. Contact us now for a free case evaluation.

Prosecutors decide whether or not to pursue charges against an individual charged with a crime. If your attorney can provide comprehensive evidence in your case, the prosecutor may decide that it’s unlikely a jury would find you guilty and drop the charges against you altogether. A plea bargain to a lesser charge may be an option as well. Even if the prosecutor does decide to take your case to trial, a solid defense could improve your chances of being acquitted. The following are defenses used in “assault with a deadly weapon” cases.

Self-Defense

Self-defense is one of the most commonly used defenses against assault with a deadly weapon charges. When arguing self-defense, you must convince the prosecutor or court that you committed the act in order to protect yourself from the immediate danger of suffering injury or harm. You also must prove that the force you used was a reasonable response to the threat of danger.

When arguing self-defense, evidence such as photos, videos, and eyewitness accounts of the incident can be very helpful. Other helpful evidence could include threats of violence made against you, a history of domestic violence, and expert witness testimony.

Alibi

A solid alibi is a highly effective defense against an assault with a deadly weapon charge. You can’t be in two places at once. Evidence that you were in a different location at the time of the incident could result in a prosecutor dropping charges. Evidence often includes photos or videos showing you in a different location, cell phone location records, and witness testimony.

Illegal Search and Seizure

Police are subject to highly specific rules and regulations regarding how and when they can search individuals and seize their belongings. If you can successfully argue that evidence against you was obtained illegally, it is highly likely that charges against you will be dropped.

Any evidence obtained illegally becomes “fruit of the poisonous tree” — the method by which the evidence obtained was tainted, meaning the evidence becomes tainted as well, and inadmissible in court.

The defenses mentioned above are only a few strategies that defense attorneys often employ in an “assault with a deadly weapon” case.

There are many other potential defenses, including for example:

• Mistaken identity
• False witness testimony
• Faulty or fabricated evidence
• Faulty forensic testing methods
• Police misconduct
• Bias

Turn to the Defense Team at Adras & Altig, Attorneys at Law for Help

An experienced Las Vegas criminal defense attorney from Adras & Altig, Attorneys at Law is prepared to carefully analyze your case to determine your best legal strategy. We are a team of highly experienced, hardworking defense attorneys who really care about our clients, not just the bottom line.

Call us or contact us online today for your free case evaluation.

The post Can ‘Assault with a Deadly Weapon’ Charges Be Dropped? appeared first on ADRAS & ALTIG, Attorneys at Law.

from ADRAS & ALTIG, Attorneys at Law https://www.adrasandaltiglaw.com/assault-with-a-deadly-weapon-charges/
via https://www.adrasandaltiglaw.com

Wrongfully Accused of Embezzlement

The popular perception of so-called “white-collar” crimes like embezzlement holds that the penalties for these crimes are minor. That is a false and dangerous perception. An embezzlement conviction can result in substantial criminal penalties, including hefty fines, restitution, and many years in jail.

If you’ve been falsely accused of embezzlement, the Nevada criminal defense attorneys at Adras & Altig, Attorneys at Law should be your first call. With more than 40 years of combined legal experience, our veteran lawyers understand what’s at stake in a situation like this. We take a team approach to all of our cases.

For us, it’s not about ego or the number of successful cases we have. It’s about getting the best results for our clients. To schedule your free case evaluation, call us or visit our contact page.

What Is Embezzlement Under Nevada Law?

Nevada law defines embezzlement as taking goods, money, or property “with the intent to steal it or to defraud the owner” by someone who’s been entrusted with it. Embezzlement is a form of theft. It occurs when someone steals from their employer or company, for example.

A simple example of embezzlement would be an employee using a company credit card to pay for personal items or expenses. The business entrusted that person with the company card for legitimate uses, but instead, they’ve used the card for personal gain.

How Do I Fight a False Accusation of Embezzlement?

To prove the crime of embezzlement, prosecutors must provide evidence that:

• A fiduciary relationship existed between the defendant and the person or business accusing them of embezzlement.
• The defendant obtained or stole the money, goods, or property through that fiduciary relationship.
• The defendant took ownership of the stolen goods or transferred ownership to another party.
• The defendant acted with the intent to commit a crime.

The need to prove intent is a crucial factor in many embezzlement cases, and many of the most common defenses against embezzlement focus on the intent angle.

Some of the most common defense strategies for embezzlement charges include:

• Showing that you acted under duress, meaning you seriously believed harm would come to you if you did not commit the crime.
• Showing that you did not act with the intent to commit the crime, or that you believed you were correctly following your employer’s instructions.
• Showing that you were mentally incapacitated and did not know that what you were doing was wrong. For example, you may have acted while under the influence of heavy medication.
• Showing that you were the victim of entrapment, meaning you were compelled to commit the crime due to the influence of law enforcement.

Do I Need an Embezzlement Lawyer?

Embezzlement is a misdemeanor crime if the value of the stolen property is below certain thresholds. At higher levels, the potential penalties for embezzlement include hefty fines and many years in prison.

With stakes that high, contacting an experienced criminal defense attorney is imperative when accused of embezzlement. If you’re charged with this crime, you need to start working on your defense strategy immediately. That means talking to a lawyer as soon as you can.

Get Help from Our Nevada Embezzlement Defense Lawyers

Don’t wait to act if you’re facing an embezzlement charge. Get in touch with our team today by calling us or visiting our contact page. We offer consultations that are free and completely confidential.

The post Wrongfully Accused of Embezzlement appeared first on ADRAS & ALTIG, Attorneys at Law.

from ADRAS & ALTIG, Attorneys at Law https://www.adrasandaltiglaw.com/wrongfully-accused-of-embezzlement/
via https://www.adrasandaltiglaw.com

How Much Jail Time Can a Juvenile Get for Stealing a Car?

Any juvenile who commits a crime in Nevada may face serious penalties in the juvenile justice system as a result. A conviction of any juvenile crime may have consequences that follow a minor for years, but how much time could a teen potentially get for stealing a car?

Below, we’ll explore this topic and potential defenses that could be used in a juvenile auto theft case. Read on or call us to find out more. We offer free and confidential consultations.

‘Joyride’ Versus ‘Grand Theft Auto’

Regardless of the value of a particular car, there is no such thing as the “petty theft” of an automobile. That means almost all forms of car theft are legally considered grand theft auto. Grand theft auto cases typically involve accusations of a person taking or attempting to take another individual’s car without the intention of returning it to the owner.

Like many states, however, Nevada makes a distinction between grand theft auto and joyriding.

Joyriding is a type of property crime, referred to as the “unlawful taking of a vehicle” in the Nevada Penal Code. In the eyes of the law, the main distinction between joyriding and grand theft auto is that in cases of joyriding, the person who takes a car does so without intending to keep it.

Can a Juvenile/Teen Go to Jail for Stealing a Car?

Grand theft auto is generally considered a more serious offense than joyriding, though the differences between each type of crime are subtle.

If you have been accused of grand theft auto, a juvenile criminal defense attorney can build a case to demonstrate that you had no intention of stealing a vehicle you may have taken. If successful, this could have a significant impact on the charges or sentences you may face.

Juvenile offenders are considered “delinquents” rather than criminals, though the punishments they may face for violations are often similar to those imposed on adults who are convicted of crimes. While juveniles convicted of theft are rarely sent to adult penitentiary facilities, they may very well be sentenced to time in juvenile detention if they are found guilty.

What Are Grand Theft Auto Penalties for a Juvenile?

Depending on the unique nature of your juvenile grand theft auto case, a conviction could lead to one or more of the following legal penalties:

• Fines – Common for juvenile theft crimes, but typically smaller than adult fines.

• Restitution – Payment for damages caused by juvenile violations.

• Counseling – Psychiatric therapy, evaluation, or commitment.

• Probation – Temporary, court-ordered supervision outside of detention facilities.
• Detention – Part-time or full-time confinement in a youth center or juvenile home. The court has the flexibility to determine a length of time that it deems appropriate.

Potential Defenses to Car Theft Charges

No matter how serious the allegations you face, an experienced Nevada juvenile criminal defense lawyer can help you craft a compelling defense and provide the best chance at a favorable outcome.

Some possible defenses your attorney may pursue for your juvenile car theft charges involve:

• Consent – If you can establish that you had the car owner’s consent to use or relocate their vehicle, you may be able to show that you committed no crime.
• Intent – You may also be able to prove that you did not intend to permanently remove the car from the owner’s possession, in which case your crime may be simple joyriding rather than grand theft.

Other issues may be involved in your case as well. For example, there could be problems with the way the police investigated the case that could lead to key evidence being thrown out.

Talk to a Juvenile Criminal Defense Lawyer Now

Any Nevada minor facing juvenile charges of grand theft auto or joyriding has the right to a compassionate and effective legal defense. If you or your minor child has been charged with auto theft in Las Vegas, NV reach out to criminal defense lawyers Adras & Altig by phone or contact us online to schedule your free initial consultation.

The post How Much Jail Time Can a Juvenile Get for Stealing a Car? appeared first on ADRAS & ALTIG, Attorneys at Law.

from ADRAS & ALTIG, Attorneys at Law https://www.adrasandaltiglaw.com/juvenile-joyriding-car-theft/
via https://www.adrasandaltiglaw.com

Consequences of Not Returning a Rental Car

It happens. The car you’ve rented becomes so comfortable you wonder what would happen if you turned it in just a few minutes late. Minutes turn into hours; hours into days.

Months pass. You’re thinking by now the rental company – with gazillions of rental cars in its fleet – hasn’t even missed it. Then suddenly you’re pulled over by a police officer.

Busted.

You’re hit with utter panic and sheer dread. You’ll need back-up for this, serious back-up. Fortunately for you, Las Vegas criminal defense attorneys Adras & Altig are at the ready 24/7 to advocate for your rights and freedom.

Failure to Return a Rental Car

Things can get complicated under the laws of Nevada. There’s a distinction between stealing a vehicle, typically called “grand theft auto” or “grand larceny of a vehicle,” and the crime of stealing a rental vehicle, which is typically considered a form of embezzlement.

On the other hand, based on NRS 205.312, “embezzlement of a rental vehicle can occur if a person who has rented a vehicle willfully and intentionally fails to return the vehicle to the rental company or owner within 72 hours of the expiration of the rental agreement.”

Most companies offer a grace period between 29 minutes and 2.5 hours. If you realize you may be late, call the rental company as soon as possible. They can charge late fees, however, which tend to pile up.

What Are the Penalties for Rental Car Theft?

Stealing a rental car is classified in Nevada as a felony. It doesn’t matter if it’s grand theft auto or embezzlement of the vehicle.

As of last summer, the first offense for vehicle embezzlement (or criminally keeping a rental car after a contract) became classified as a category C felony, which can carry a sentence of at least one-year imprisonment and up to 5 years, along with a fine of up to $10,000.

A second offense within five years brings even stronger punishment. In any case, you may need to pay restitution to the rental company.

Legal Defenses If You’re Charged with Not Returning a Rental Car

You may have two primary defenses in a situation such as this:

• Lack of intent to steal. For example, if you rent a car, and a personal emergency arises that prevents you from returning the car on time, you might argue that you did not intend to keep it beyond the rental period.

• Establishing that you had consent. You’ll want to demonstrate the owner of the vehicle gave you consent to keep the car longer. You may have misunderstood when you called in to request an extension. Or there may have been a record-keeping error, for instance.

How Our Lawyers Help People Facing Charges Related to Not Returning a Rental Car

If you are accused of stealing a rental car in Nevada, don’t blow it off. Call our partners at Adras & Altig for a free case evaluation. We’ll bring to bear nearly 40 years of combined criminal experience to help you understand the charges you’re facing and your legal options.

Our clients say it best. They describe us as hard-nosed criminal defense attorneys who truly care about you. This is not just a numbers game for us. Using a team approach, we thrive on seeing our clients achieve the justice they deserve. For us, it’s less about ego and more about results.

The post Consequences of Not Returning a Rental Car appeared first on ADRAS & ALTIG, Attorneys at Law.

from ADRAS & ALTIG, Attorneys at Law https://www.adrasandaltiglaw.com/rental-car-vehicle-embezzlement/
via https://www.adrasandaltiglaw.com