Felony, Infractions, And Misdemeanors in Nevada

In Nevada, an infraction is a non-criminal offense, such as a minor traffic or code violation. In contrast, misdemeanors and felonies are criminal offenses classified based on their perceived severity and punishment, with felonies considered more serious than misdemeanors. The Nevada judicial system uses these categorizations (infractions, misdemeanors, and felonies) to determine how Nevada criminal offenses are tried, including which type of court hears each case type. In addition to record types, Nevada statutes of limitations define the period in which the state can prosecute offenses in the state.

What is a Felony in Nevada?

Per NRS 193.120, felonies in Nevada are criminal offenses punishable by death or imprisonment in state prison. They represent the highest category of criminal offenses and carry the most severe penalties. According to NRS 193.130, felonies are divided into five (5) categories, each with varying levels of punishment severity. These categories and their associated penalties are detailed below:

• Category A felony: The death sentence or life imprisonment in the state prison with or without the possibility of parole.
• Category B felony: A minimum of one (1) year and a maximum of 20 years in a state prison.
• Category C felony: A minimum of one (1) year and a maximum of five (5) years in a state prison. A court may also impose fines of up to $10,000.
• Category D felony: A minimum of one (1) year and a maximum of four (4) years in a state prison. A court may also impose fines of up to $5,000.
• Category E felony: A minimum of one (1) year and a maximum of four (4) years in a state prison. A court may grant the offender probation on the condition that they are confined for up to one year in county jail or on other conditions that the court considers appropriate. Additionally, the court may impose fines of up to $5,000.

What Are Some Examples Of Felonies In Nevada?

Examples of the various categories of felonies in Nevada include, but are not limited to:

• Category A felony: First-degree murder, second-degree murder, kidnapping with substantial bodily harm, sex trafficking of a child, and sexual assault
• Category B felony: Robbery, voluntary manslaughter, reckless driving resulting in substantial injury, grand larceny of a firearm, and home invasion
• Category C felony: Domestic violence with strangulation, cyberstalking, violation of a protection order, public official bribery, burglary, witness intimidation, theft of property valued over $5,000, and battery with substantial bodily harm
• Category D felony: Forgery, fourth-degree arson, possession of stolen property, involuntary manslaughter, bail jumping on felony charges, and unpaid casino markers
• Category E felony: First-time auto burglary, criminal gang recruitment, possession of a controlled substance in small amounts, criminal gang possessing or obtaining a fraudulent drug prescription, and attempted burglary.

Can I Get A Felony Removed From A Court Record In Nevada?

Interested individuals may get their eligible felony removed from their court and criminal records by filing a petition to seal the record. If the felony resulted in a conviction, they can petition the presiding court under NRS 179.245 to seal the felony record after the appropriate waiting periods. These waiting periods begin from the offender’s release date or discharge from parole or probation, vary depending on the felony category, and are outlined below:

• Category A felony: 10 years
• Category B, C, or D felony: five (5) years
• Category E felony: two (2) years

On the other hand, an individual can file a petition under NRS 179.255 to seal a felony charge that has been dismissed, declined for prosecution, or acquitted. For example, suppose a felony charge was dismissed or acquitted. In that case, the individual can petition the court where the charges were dismissed or acquitted to seal the record at any time after the dismissal or acquittal date. In cases where felony charges were declined for prosecution, an individual can file a petition to seal the record:

• After the applicable statute of limitations has run
• Eight (8) years after the arrest
• According to a stipulation between the parties.

Note that regardless of the outcome, a felony sexual offense can not be sealed.

Is Expungement The Same As Sealing Court Records In Nevada?

No. Sealing is a legal process that physically removes a court record from a record system and limits or restricts its dissemination. In contrast, expungement involves removing court records from official and public databases and destroying them. Although both expungement and sealing are court-ordered processes aimed at restricting public access to a record, expungement is more absolute, resulting in the record's destruction.

It is important to note that Nevada law does not permit expungement of court records. However, interested individuals can petition to seal eligible records.

What are Misdemeanors in Nevada?

Misdemeanors are the least serious criminal offenses and can result in a fine of up to $1,000 or a maximum of six (6) months in a county jail. In place of or in addition to any of the penalties, a court may order an individual convicted of a misdemeanor to complete a set period of community service.

Furthermore, criminal offenses that are considered neither felonies nor misdemeanors fall into the category of gross misdemeanors, which carry harsher penalties. Generally, gross misdemeanors are more serious than standard misdemeanors but less serious than felonies. They are punishable by a fine of up to $2,000 and a maximum of 364 days in a county jail.

What are Examples of Misdemeanors in Nevada?

Examples of misdemeanors in Nevada include, but are not limited to:

• Standard misdemeanors: simple battery or assaults, first and second Driving Under the Influence (DUI) offenses, breach of peace, petty theft under $1,200, trespassing, disorderly conduct, and reckless driving.
• Gross misdemeanors: open or gross lewdness, possession of burglary tools, making false statements to procure a credit or debit card, false imprisonment, indecent exposure, statutory rape, and unauthorized use of a vehicle.

Can I Get a Misdemeanor Removed from a Record in Nevada?

In Nevada, individuals can get most misdemeanor and gross misdemeanor offenses removed from their criminal record by petitioning a court of appropriate jurisdiction to seal the record. Per NRS 179.245, interested parties can petition a court for an order to seal eligible misdemeanor and gross misdemeanor offenses that resulted in a conviction after a specified waiting period. These waiting periods begin from when the offender is released or no longer under a suspended sentence, vary based on the type of misdemeanor, and are detailed below:

• Misdemeanor DUI and battery domestic violence: seven (7) years
• Any gross misdemeanor: two (2) years
• Any other eligible misdemeanor: one (1) year

Meanwhile, suppose an individual has been acquitted or had misdemeanor charges dismissed. In that case, they can remove the misdemeanor from their criminal record by filing a petition under NRS 179.255 for a court order to seal the record. In such cases, there is no waiting period, allowing interested individuals to file the petition any time after the acquittal date or when the charges were dismissed. If misdemeanor charges were declined for prosecution, an individual can file a petition to seal the record after the applicable statute of limitations, eight (8) years after the arrest, or according to a stipulation between the parties.

Can a DUI Record Be Expunged in Nevada?

No, Nevada laws do not permit the expungement of any records, including DUIs. However, an individual may have their first and second DUI convictions sealed seven (7) years after their cases conclude. On the other hand, third DUIs, felony DUIs, and DUIs resulting in death or injury can never be sealed.

If an individual is acquitted or has their DUI charges dismissed, they can petition to have the arrest record connected to the charges sealed immediately. Meanwhile, if an individual pleads to a misdemeanor reckless driving charge as part of a plea bargain, they can petition to seal their record one year after the case is closed.

What is an Infraction in Nevada?

In Nevada, an infraction is not classified as a crime but as a civil violation. Consequently, infractions are not punishable by prison or jail time; they carry a maximum fine of $500 or more, depending on relevant statutes. An infraction may incur additional fees and administrative assessments, and a court can impose other punishments, such as attending traffic school or community service.

Generally, after an individual receives a ticket for an infraction, they have 90 days to pay the fine. They may choose to contest the ticket by requesting a hearing. If an individual fails to pay their ticket on time, a collection fee will be added to their fine based on the amount:

• Up to $100 for a fine that is less than $2,000
• Up to $200 for a fine that is between $2,000 and $5,000
• 10% of the fine if it is $5,000 or more.

What Are Some Examples Of Infractions In Nevada?

Examples of civil infractions in Nevada include minor traffic violations, such as:

• Improper turn
• Unsafe passing
• Failure to signal
• Failure to signal
• Running a red light
• Driving too slowly
• Seat belt violations
• Making illegal U-turns
• Failure to use headlights
• Passing on the right side

An Overview of Nevada Felonies, Misdemeanors, and Infractions

Measured from the latter of release from custody or the end of probation/parole per NRS 179.245 & 179.255.

Can Infractions be Expunged from a Nevada Criminal Court Record?

Like all other types of records, infractions cannot be expunged under Nevada laws. However, they may be sealed by filing a petition with the court where the infraction was adjudicated. Note that infractions are not classified as crimes but rather as civil violations. As a result, they typically do not appear in background checks and do not carry the same legal significance as misdemeanors or felonies.

Record-Sealing Primer

Non-sealable forever: Records of Nevada sex offenses, felony DUI, crimes against children, home invasion with a deadly weapon. NRS 179.245(6).

What is Deferred Adjudication in Nevada?

Deferred adjudication in Nevada is generally referred to as “Deferral of Judgment”. Under NRS 176.211, upon a plea of guilty, guilty but mentally ill, or nolo contendere, but before a judgment of guilt, the court may, without entering a judgment of guilt and with the consent of the defendant, defer judgment on the case to a specified future date. Deferred judgment may not be entered when the defendant entered a plea agreement with prosecutors unless the plea specifically allows a deferred judgment.

The court will set the length of time and conditions for the successful completion of the deferral. The deferral period cannot exceed the periods found in the probation laws, NRS 176A.500. When the defendant completes all the terms and conditions of the deferred judgment and the court confirms that the conditions were met, the court may dismiss the proceedings and discharge the defendant.

After the dismissal and discharge, the court shall order the sealing of all documents related to the case if the defendant fulfills all the requirements. The records will be sealed without a hearing unless the prosecutors or another government agency objects and petitions the court to stop it.

Offenses eligible for deferred judgment in Nevada include first-time offenses for mainly non-violent misdemeanors and minor felonies. Violent offenses, sex-based crimes, and offenses against children typically do not qualify.

The terms and conditions for eligibility for a deferred judgment in Nevada include:

• The defendant is required to enter a plea of guilty, guilty but mentally ill, or nolo contendere before the judgment is passed.
• The defendant must agree to pay all restitutions, fines, and court costs
• The defendant must agree to placement on probation with any conditions under NRS 176A.400.
• Complete a term of community service
• Complete a specialty court program (mental health or drug program)

Types of Crimes Eligible for Deferred Adjudication in Nevada

Deferral of Judgment in Nevada is typically available for first-time offenders and non-violent or non-sexual crimes. Misdemeanors, non-violent felonies, and minor drug offenses generally qualify for deferred judgments under Nevada law. The court is more likely to grant a deferral when accountability and rehabilitation are considered realistic and achievable through a probationary period and conditions such as restitution, community service, and specialty court programs, such as veterans court, mental health court, and drug court.