Nevada: Adult Diversion/Deferral Program (NV-D-4)

Records relating to a conviction that is set aside following the successful completion of a treatment program can be sealed by the court. Nev. Rev. Stat. §§ 458A.240, 179.255(2).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

See section Nev. Rev. Stat. § 458A.240 for eligibility for treatment.

Procedure General

Upon the successful completion of the treatment program, the court will order the case set aside. Thereafter, a petition must be filed in the court that set aside the conviction. For the specific procedure, see Nev. Rev. Stat. § 179.255. A person whose petition is denied can petition for a rehearing after two years after the denial, and no more than two rehearings can be requested. Nev. Rev. Stat. § 179.265.

Fees

There is no statutory language regarding fees.

Effect

The court orders sealed all records of the arrest and court proceedings which are in the custody of any agency of criminal justice or any public or private company, agency, official, or other custodian. Nev. Rev. Stat. § 179.255(7). All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 179.275. See section 179.295 for instances in which sealed records can be reopened.

Waiting Periods

The petition can be filed at any time following the set-aside.

Back to Nevada