Nevada: Adult Diversion/Deferral Program (NV-D-6)

Records relating to a case that is discharged and dismissed following the successful completion of a pre-prosecution diversion program will be sealed by the court. Nev. Rev. Stat. Ann. § 174.034.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Yes

Mandatory / Discretionary

Mandatory unless opposed by the state

Hearing

Yes, if objection filed

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

See Nev. Rev. Stat. Ann. § 174.034. for offenses eligible for preprosecution diversion.

Procedure General

The procedure is automatic. If the justice court or municipal court determines that the person has successfully completed the terms of the pre-prosecution diversion program, the court must discharge the defendant and dismiss the indictment. Upon discharge and dismissal, the court must seal the record unless the district attorney shows good cause not to seal. The defendant must send a copy of the sealing order to each agency named in the order. Nev. Rev. Stat. Ann. § 174.034.

Fees

There is no statutory language regarding fees for sealing. Costs are assessed for the preprosecution diversion program. AB470, Section (6), Laws of 2017.

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. Nev. Rev. Stat. § 201.354(7), (9).

Waiting Periods

There is no statutory language regarding a waiting period.

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