Monday, July 11, 2011

Sealing Records for a Battery Domestic Violence Conviction

Another law that makes convictions for domestic violence worse than other misdemeanor convictions is the statute that allows for the sealing of records.  For most misdemeanors, two years after the case is completed, your records can be sealed, and it is as if the event never occurred.  The record sealing, or expungement, statutes give people who have a limited criminal history a second chance at keeping their records clean.  For misdemeanor Battery Domestic Violence, defendants must wait seven years after the completion of the case.
NRS 179.245 states:  "1. Except as otherwise provided in subsection 5 and NRS 176A.265, 176A.295, 179.259, 453.3365, and 458.330, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:
(a) A category A or B felony after 15 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(b) A category C or D felony after 12 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(c) A category E felony after 7 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(d) Any gross misdemeanor after 7 years from the date of release from actual custody or discharge from probation, whichever occurs later;
(e) A violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or
(f) Any other misdemeanor after 2 years from the date of his release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later." (underline added).
This means that our lawmakers have decided that a conviction for misdemeanor domestic violence is akin to a low level felony conviction when it comes to being able to clean up your criminal history.  This is just another reason to hire competent legal representation to defend a domestic violence case.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.

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