Are DUIs Public Records in Nevada? Find Out The Answers Here
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Have you ever wondered if DUIs are public record in Nevada? If so, what information is accessible to the public and how can it be accessed? Knowing the answers to these questions is important for anyone who has been convicted of a DUI or who may have had their information released due to a DUI.
In this article, we’ll provide an overview of the laws surrounding DUIs in Nevada and discuss what type of records are considered public. We’ll also explain how someone can access these records and any potential limitations that may exist. By understanding the legalities surrounding DUI records in Nevada, individuals will be better prepared to handle any situation involving their personal information.
Are DUIs Considred Public Records?
The short answer is yes. But despite being public record, not just anyone can obtain them.
People asking this question are generally coming from two different angles: criminal records and DMV records. Understanding the difference between them is essential.
But first, let’s go through some definitions first.
Definition of Public Records
Public records are defined as any written or recorded information that is available to the public, either through a government entity or another third party. These typically aren’t considered private and/or protected by state or federal law. Any person can access these records unless they have been sealed by the court.
Below is a list of public records:
- Birth and death certificates
- Marriage licenses
- Court records
- Property ownership records
- Arrest and criminal records
- Driving records
- DMV violations (such as DUIs)
Just like when checking for DUI in background checks, it helps to understand that public records can come from various sources.
When it comes to DUI, there are generally two types of records. The first is criminal records, which are available through the court system. These typically include information such as arrests, convictions, and sentencing.
The second type of record is DMV records, which cover things like driving violations and points on someone’s license. In Nevada, DUI convictions are reported by law enforcement to the DMV and are considered public records.
However, despite these being public records in nature, not just anyone can access them.
How to Access DUI Public Records in Nevada
When it comes to accessing DUI records, the process is relatively straightforward. All you need to do is go through the appropriate government entity or third-party provider and request access to the record.
There are several websites, for example, that you can access these records for a small fee. This would include the person’s DUI history, any arrest records, criminal history, and many more.
For example, you can go to the Nevada DMV website to request your own records, also for a fee. This can be used to check if any DUIs have been reported to the DMV, along with other records like tickets and other violations.
When requesting records, you will typically need to provide some sort of proof of identity.
Generally speaking, only you can request your own records.
Wait, Isn’t That Confusing?
At this point, you may be thinking that all of this is confusing. After all, Nevada is a public records state, so why are there restrictions on who can access DUI records?
The answer lies in the fact that many states including Nevada have privacy laws in place to protect individuals from having their information exposed unnecessarily. This includes any sensitive information, such as medical records and criminal histories.
To make sure that these laws are followed, the government has put in place certain restrictions on who can access public records. In Nevada, this means that only you (or possibly your attorney) can request a copy of your own record. This is to protect any sensitive information contained within it from being exposed to the public.
For example, the Nevada DMV has this stated upfront when trying to request driving records.
If Not Everyone Can Access My Public Record, How Would My Employer Know I Have a DUI
The answer to this question is simple. If your employer does a background check, they will likely use a reputable third-party provider or credit bureau that specializes in providing access to public records.
In the case of DUI records, there are several websites and services that specialize in providing criminal history and DMV records. These typically require you to provide some sort of proof of identity, after which they will generate a report containing the relevant records.
Your employer may also be able to use other methods to check if you have a DUI on your record. For example, as part of your application process, they require you to give them consent to do a background check.
In this case, they may be able to access any public records related to you, including DUI records. Of course, they must do this in accordance with all applicable laws and regulations.
How Long Do DUIs Usually Stay on Your Record in Nevada?
If you’re wondering exactly how long that DUI charge will stay on your record if you get convicted in Nevada, it’s not a simple answer.
Depending on the nature of the conviction – misdemeanor or felony – you could be looking at anywhere from seven years to what ultimately amounts to a lifetime sentence.
If you’re lucky enough to have your DUI charge dismissed, then it can be sealed almost immediately; otherwise, misdemeanors must remain visible for seven years and felonies never go away.
Can I Legally Expunge or Seal My DUI Record in Nevada?
In some cases, you may be able to legally seal your DUI record in Nevada. Nevada laws do not provide for record expungement (as if it never existed).
When the court seals a record, the record is removed from record systems, and the record can no longer be distributed or transferred. The public cannot access sealed records. Only authorized parties can.
Why Should I Go Through the Trouble of Sealing My Criminal Records?
Sealing your criminal record is a great way to protect yourself from any potential future harm. Even if you have served your time and paid your fines, having a DUI on your record can still haunt you in the form of denial of employment or housing opportunities.
When a record is sealed, the subject of the record is legally allowed to deny the record under oath. This means that when applying for a job or housing, you can honestly answer “no” to questions about criminal history.
In addition, sealing your record also removes any potential stigma associated with past mistakes, allowing you to move forward without being judged by them. It is an excellent way to ensure a fresh start and improved opportunities.
Seeking professional legal help from an experienced criminal defense attorney is the best way to ensure your record is sealed correctly and quickly. The process can be complex, but with a knowledgeable lawyer on your side, you can increase your chances of success.
What About DMV Records?
DMV records are considered public records and the Nevada DMV does not have a process for expunging or sealing them. However, any personal information contained in these records is protected by law from unauthorized disclosure.
When charged with DUI, in addition to DUI criminal records, offenders in Nevada also face DMV point system penalties or demerit points. Accumulated points stay on an offender’s record for up to 12 months. The DMV may delete the points after 12 months, but the conviction remains on the offender’s record. Generally, DUI convictions remain on your full DMV record for the rest of your life. It may also show on your driver history for up to ten years.
Facing DUI Charges?
If you have been charged with DUI in Nevada, it is important to get help from an experienced DUI attorney. They can help you understand your rights and legal options and guide you through the process. The consequences of a conviction can be severe, ranging from jail time to hefty fines and license suspension or revocation.
As discussed above, a DUI conviction can stay on your public record for many years to come. This can affect your life in many ways and make it harder for you to get a job, housing, or even insurance. Therefore, it is important that you take the steps necessary to protect your rights and obtain the best outcome possible in court.
If you’ve been charged with DUI, contact us today to discuss your case.
The Defenders is a team of experienced DUI defense attorneys who can fight for your rights and help you avoid the long-term consequences of a DUI conviction. We are committed to providing aggressive and strategic representation, helping you get the best outcome possible in court.
- Will aggressively put in all efforts to get the penalties lowered.
- Can help you achieve fair settlements or plea deals.
- Can protect you from the prosecution.
- Can examine the evidence better than you.
- Will fight for your rights to help keep your criminal history clean.Our attorneys
Call our office today for a free case evaluation.