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In Las Vegas NV, my husband has filed to have his felony…

In Las Vegas NV...

In Las Vegas NV, my husband has filed to have his felony record sealed from charges of 5 years ago. He has an attorney. He has obtained all the records of any charges from all police jurisdictions that are local and submitted them to his attorney. The DA has continued to send communication to his atty that there are "other" charges. None of the police depts can find any other charges. His atty does not seem to be proactive in finding out what these "other" charges are. This has been going on for 7 months. I am trying to find out "Who" is responsible for telling my husband what these "other" charges are. Can the DA hold him hostage on this procedure and not disclose what they are referring to?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

NV. Identity theft was the final charge.

Lawyer's Assistant: Has anything been filed or reported?

That is my question. Please read my notes. The DA has some mystery charges we cannot find and they are not disclosing any details to us or his attorney. They are just holding up the process of record sealing. Can they do that?

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Answered in 11 hours by:
3/8/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 32,264
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this is happening.

If the district attorney is objecting to the request to have the records sealed on the basis of these "other charges," then he needs to produce some evidence of what they are. Otherwise, his statement is just hearsay. Your husband's lawyer should send them a letter giving them a firm deadline for producing what they have. He could also issue a subpoena against the DA's office, ordering them to produce the records. If none of that has worked, the lawyer can petition the court to proceed, anyway, based on the fact that the DA is refusing to disclose the alleged charges and your husband has no record of them. They can attach any documentation they have from other police departments showing a lack of other charges, or the lawyer can submit an affidavit explaining where records have been requested and not received.

If his lawyer refuses to do it, then he might want to look into finding another lawyer who can be more helpful.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 32,264
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Verified
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Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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