By Mace Yampolsky
Individuals in Nevada looking for a job may face more hurdles if they have a criminal record. These difficulties could increase if a proposed bill is passed by the Senate Judiciary Committee .The proposed bill would impact job applicants as well as current employees with criminal records by making those records available to their employer if they work with elderly or disabled individuals in Nevada. Employers would be able to review a current or prospective employee’s criminal record if they work or volunteer with anyone over the age of 59, or the disabled.
Nevada employers are already able to review current and future employees’ criminal records if they work with children. The proposed bill doesn’t change the requirement for employees or volunteers to first give their consent before criminal records are available to review.
Individuals with a criminal record may have more difficulty in finding a job, especially in today’s economy. Being arrested and convicted of a criminal offense can have serious repercussions on the rest of an individual’s life. This is especially true for people who previously worked with children and now possibly work with disabled or elderly people.
Employers will review a job applicant’s or current employee’s criminal record depending on their job description. If an individual was convicted of a criminal offense in the past, this could be held against them and some people might even lose their jobs over minor offenses committed years ago. If a charge or conviction ends up on someone’s record, it could impact the rest of their life. That is why it is important to seal your record, if you can.
Record-sealing in Nevada, is very similar to “expungement,” eliminates any notice that you were arrested for or convicted of a certain crime. Once your records are sealed from view, you can legally tell potential employers, landlords and others that you were never even charged with that crime.
However, there are pitfalls for the unwary in the complex process of record sealing. Without the help of a skilled attorney, the court may easily reject your petition, forcing you to wait another two years until you can petition again. An experienced lawyer can handle the process quickly and help make sure it’s done right the first time.
The length of time it takes to become eligible for record sealing depends on the type of case. For most misdemeanors, you must wait two years after being released from custody or probation. For gross misdemeanors, you must wait seven years. For category A and B felonies, it is 15 years. For category C and D felonies it is 12 years, and for category E felonies, you may seal your record after 7 years.
If the case against you was dismissed, you can act immediately to seal your records. You must request a copy of your scope or criminal record, file a petition with the court, seek the District Attorney’s agreement and request the court’s ruling. The process normally takes six months and occasionally up to a year.
For some minor juvenile crimes the juvenile may automatically have his or her records sealed upon turning 21. Do not let a mistake made years ago affect the rest of your life. If you need your record sealed, hire an experienced criminal defense attorney and do it right. – Mace