Nevada: Adult Diversion/Deferral Program (NV-D-5)

Records relating to an offense dismissed upon the successful completion of a treatment program for persons who solicit prostitution can be sealed by the court. Nev. Rev. Stat. § 201.354(8).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

This provision applies only to solicitation of prostitution offenses under sections 4.373 and 5.055.

Procedure General

The procedure is automatic. Upon the discharge of the person and dismissal of the proceedings, the court will, without a hearing, order sealed the record. For the specific procedure, see Nev. Rev. Stat. § 201.354

Fees

There is no statutory language regarding a fee for sealing. Fines are assessed for the offense. Nev. Rev. Stat. § 201.354(3).

Effect

Discharge and dismissal occurs without an adjudication of guilt and is not a conviction for purposes of employment, civil rights, or any statute, regulation, license, or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for a second or subsequent conviction. Professional licensing boards can inspect the sealed record. Nev. Rev. Stat. § 201.354 (9), (10).

Waiting Periods

There is no statutory language regarding a waiting period.

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