![a fence with barbed wire](https://shouselawdev.wpengine.com/wp-content/uploads/2022/05/prison_ss-300x225.jpg)
The primary difference between parole and probation in Las Vegas, NV is that parole is granted to convicted defendants towards the end of their prison sentence, while probation is typically granted to convicted defendants at the very beginning of their sentence as a way to avoid going to jail or prison at all.
The other main difference is that the Nevada Parole Board determines whether prisoners can be released from parole, whereas probation decisions are made by the trial court judge who presided over the defendant’s case.
Otherwise, Nevada parole and probation have many similarities: As long as defendants abide by the parole or probation terms, they can remain out of custody until the sentence ends. Common terms include:
- Completing community service
- Paying victim restitution
- Submitting to drug testing for controlled substances
- Taking mental health counseling
- Checking in with the parole officer/probation officer
- Staying away from certain locations (such as the victim’s home)
Defendants who violate their terms are arrested by law enforcement and given a revocation hearing where a judge determines whether they did indeed commit a parole violation or probation violation. If so, they can be remanded back to jail or prison for the remainder of their sentence.
Can I get off of parole or probation early?
Possibly. Parolees can petition for an “early discharge of parole hearing,” and probationers can file a motion for early termination of probation. People are more likely to be granted an early release when they have been fully compliant for at least a year and have fully paid any victim restitution.1
Defendants are advised to hire a criminal defense attorney to help them try to get released from parole or probation early.
Can people on parole and probation travel?
Whether parolees and probationers may travel and where depends on the specifics of their case. Most people can travel as long as they get permission from their parole- or probation officer ahead of time.
Note that interstate travel for parolees and probationers is regulated by the Interstate Compact of Adult Offender Supervision (ICAOS). All 50 states plus D.C. are part of the compact.2
![Defendant in orange jumpsuit bowing head before judge during probation revocation hearing](https://shouselawdev.wpengine.com/wp-content/uploads/2022/05/probation_ss.jpg)
Parolees and probationers who violate their release terms can be remanded back into custody.
Can I get a criminal record seal while I am out on parole or probation?
No. Defendants have to wait a certain number of years after their parole or probation ends before they can petition the court for a record seal. And the most serious criminal cases are not sealable at all and must remain on the defendant’s background check forever.
Nevada conviction | Record sealing waiting period |
---|---|
Most misdemeanors | 1 year after the case closes |
Gross misdemeanors, category E felonies, and misdemeanor- battery, harassment, stalking, or violation of a protection order | 2 years after the case closes |
Most category D felonies, category C felonies, and category B felonies | 5 years after the case closes |
Misdemeanor DUI and battery domestic violence | 7 years after the case closes |
Category A felonies, felony crimes of violence, and burglary of a residence, | 10 years after the case closes |
Sex crimes, felony DUI, crimes against children, and invasion of the home with a deadly weapon pursuant to NRS 205.067. | Never |
Note that if a criminal case gets dismissed, then the defendant can petition for a record seal in Nevada right away.3
Also note that record seals are a completely separate procedure from applying for a Nevada pardon, which is the only way to get gun rights restored.4
Helpful Links
- Nevada Department of Public Safety (DPS)
- Nevada Division of Parole and Probation (npp.dps.nv.gov)
- Las Vegas Metropolitan Police Department (LVMPD)
- Clark County Sheriff
- Reno, NV Police Department
- North Las Vegas Police Department
- State of Nevada Parole Board
Legal References
- See, for example, Lewis v. State, (1974) 529 P.2d 796. See also Dep’t of Pub. Safety v. Coley (2016) 132 Nev. 149.
- Interstate Commission for Adult Offender Supervision, bylaws and Chapter 2.
- NRS 179.245. NRS 179.255.
- NRS 213.005 – NRS 213.100.