If you successfully complete your probation in Nevada, you get honorably discharged. Failing to satisfy the terms and conditions of probation results in a dishonorable discharge. If you are dishonorably discharged, you remain liable for any unpaid victim restitution in your case.
Otherwise, you get the same rights whether you are honorably or dishonorably discharged. NRS 176A.850 states that anyone discharged from probation:
- Is immediately restored to the right to serve as a juror in a civil action;
- Four years after the date of discharge from probation, is restored to the right to hold office;
- Six years after the date of discharge from probation, is restored to the right to serve as a juror in a criminal action; [and]
- If the person meets the requirements of NRS 179.245, may apply to the court for the sealing of records relating to the conviction.
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. What is probation in Nevada?
- 2. What is honorable discharge from probation?
- 3. What is dishonorable discharge from probation?
- 4. What rights do I get back after probation?
- 5. Can my case be sealed?
- 6. What proof can I show that I finished probation?
1. What is probation in Nevada?
Probation is a type of alternative sentencing in criminal cases. Depending on your case, you may do probation instead of going to jail. Ten common probationary terms are:
- Submitting to random drug and alcohol testing;
- Attending counseling, education classes, and/or rehab;
- Checking in with a probation officer;
- Appearing in court as required;
- Abiding by restraining orders;
- Paying fines, fees, and/or restitution;
- Performing community service;
- Submitting to electronic monitoring and/or house arrest;
- Abiding by a curfew; and/or
- Avoiding new arrests
If you fail to abide by your terms, you risk being sent to jail to serve your original sentence. Learn more about probation violations.
2. What is honorable discharge from probation?
You are granted an honorable discharge from probation when either you completed all the terms of probation, you completed all the terms except paying restitution due to economic hardship, or Nevada’s Division of Parole and Probation recommended you for early termination of probation.
Honorable discharge is the best-case scenario if you are on probation.
3. What is dishonorable discharge from probation?
In Nevada, you are given a dishonorable discharge from probation when either your whereabouts are unknown, you did not pay court-ordered victim restitution (and there was no economic hardship), or you otherwise failed to satisfy the terms and conditions of probation.
With dishonorable discharge, you have no further obligations to the court.2 However, victims can sue you for unpaid restitution. Plus, employers may be unwilling to hire you. Employers may fear you are unreliable.
4. What rights do I get back after probation?
Being discharged from probation restores certain civil rights. However, there may be a waiting period.
|
Civil Rights in Nevada |
Waiting period for restoration of rights after discharge from probation |
| Serving on a jury in a civil case | Immediately |
| Holding office | Four years |
| Serving on a jury in a criminal case | Six years |
It does not matter whether you were honorably or dishonorably discharged.3 (Prior to 2019, if you were dishonorably discharged, you were ineligible to get your civil rights restored.)4
Note that if you are on probation, you never lose your right to vote. If you are a convicted felon, you can re-register to vote as soon as you get released from Nevada State Prison.5
5. Can my case be sealed?
It depends on the case. The application process requires extensive paperwork and can take several months. Plus, there may be a waiting period before the case is sealable.
| Nevada conviction | Waiting period to get a record seal (after the case closes) |
|---|---|
| Any case that gets dismissed (no conviction) | Right away |
| Most misdemeanors | 1 year |
| Gross misdemeanors, category E felonies, and misdemeanor battery, harassment, stalking, or violation of a protection order | 2 years |
| Most category D felonies, category C felonies, or category B felonies | 5 years |
| Misdemeanor DUI and battery domestic violence | 7 years |
| Some category A felonies, burglary of a residence, and felony crimes of violence | 10 years |
| Felony DUI, certain sex crimes, and certain crimes against children | Never6 |
If you have been honorably discharged, prosecutors assume that you are eligible for a record seal as long as you meet all the prerequisites. This is called a rebuttable presumption.
If you are dishonorably discharged, you may still pursue a record seal and should be granted a seal as long as you meet all requirements. However, your application undergoes more scrutiny. This is because there is no rebuttable presumption that your record is sealable.7
Sealed records usually do not appear on background checks. I you get a record seal, you can deny past crimes under oath and during job interviews (in most cases).
Though Nevada gaming establishments are a special case. They may be entitled to know about sealed records. So if you are applying for a gaming job or license, you may have to reveal your record.
Note that if you get charged with a crime again, prosecutors can use your prior convictions for impeachment purposes.8
6. What proof can I show that I finished probation?
Nevada courts give an official document to you once you are discharged from probation. This document shows:
- That you received an honorable or dishonorable discharge from probation;
- That you can immediately serve on a civil jury;
- The date you can hold office; and
- The date that you can serve on a criminal jury.
This document also serves as proof of when your civil rights will be – or have been – restored.
If this document gets lost or destroyed, you can file a written request with the court to restore your civil rights. There is no fee to make this request.9
Learn more in our article, Felony Probation in Nevada: Five Key Things to Know.
Legal References
- NRS 176A.850.
- Same.
- Same.
- Nevada Assembly Bill 181 (2017) (repealing NRS 176A.870).
- Nevada Assembly Bill 431 (2019).
- NRS 179.245; NRS 179.255.
- NRS 179.2445.
- NRS 176A.850.
- Same.