Nevada Criminal Records
Nevada Criminal Records serve as vital resources for the public, providing comprehensive information regarding individuals' past criminal activities within the state. These records contain crucial details that shed light on an individual's involvement in criminal offenses, convictions, and any legal consequences they may have faced.
Various sources, including county and state correctional facilities, local, county, and state repositories, and Nevada courts, compile the information found within criminal records in the state. They typically include the following on the records:
- Personal identification such as full name, aliases, date of birth, gender, race, and physical description
- Arrest details such as the date, time, and location of the arrest
- Criminal charges brought against the individual
- Information about court appearances
- A record of convictions resulting from the criminal charges filed
- Details about the penalties imposed, such as fines, probation, community service, restitution, or imprisonment
- Records of outstanding warrants
- Information on the individual's incarceration
Access to criminal records in Nevada empowers individuals, organizations, and institutions to make informed decisions related to safety, employment, housing, and personal relationships. For example, employers can utilize these records to conduct background checks on potential employees, ensuring the safety and security of their workplace and clients.
Landlords can make informed decisions about potential tenants, safeguarding the well-being of other residents within their properties. Furthermore, individuals can use these records to gauge the trustworthiness and credibility of acquaintances, helping them make prudent decisions in their personal lives.
Nevada laws such as Chapter 179A and Chapter 239 stipulate that criminal records are publicly accessible, allowing anyone to access relevant information about an individual's criminal past. These laws ensure that such records are available for public inspection and copying unless they fall under specific exemptions outlined in the statutes.
What Are the Types of Crimes in Nevada?
The charge or crime committed determines the variation of Nevada Criminal Records. Individuals curious about the offenses that will appear on someone's records should take note of the following crimes to assess the level of danger associated with the subject of the record.
Felonies
According to Nevada law, a felony is a grave crime punishable by death or imprisonment in state prison for at least one year.
Nevada categorizes felonies into the following groups based on the crime severity and the potential punishment they entail:
Category A Felonies
Crimes under this felony category are the most serious, with severe penalties in Nevada. These felonies are categorized based on the gravity of the offense and the potential punishment they carry. Conviction of a Category A felony can result in death or life imprisonment. Examples of Category A felonies in Nevada include:
- First-degree murder: This crime may be punishable by death if aggravating circumstances outweigh mitigating circumstances. Alternatively, it can result in life imprisonment without parole or a life sentence with parole after 20 years.
- Second-degree murder: This offense is punishable by either life imprisonment or a fixed term of 25 years. In both cases, parole is possible after serving at least ten years.
- Rape: This crime can lead to a sentence of life imprisonment, with the eligibility for parole depending on various factors, including the extent of physical harm suffered by the victim.
Category B Felonies
Category B felonies in Nevada encompass a range of severe offenses with corresponding penalties. These felonies are classified based on their gravity and potential punishments. Crimes under this category generally entail a minimum prison sentence of at least one year and a maximum of up to 20 years. Some examples of Category B felonies in Nevada include:
- Robbery (2 to 15 years of imprisonment)
- Burglary of a residence (1 to 10 years of imprisonment)
- Voluntary manslaughter (2 to 15 years in prison and a fine of up to $10,000)
- Assault with a deadly weapon (1 to 6 years of imprisonment and a $5,000 fine)
Category C Felonies
Category C felonies in Nevada typically carry a sentence of a minimum prison term of at least one year and a maximum period of no more than five years. In addition, the court can impose a fine of no more than $10,000 or higher if the specific criminal statute mandates or permits it.
Some examples of crimes under this category include the following:
- Domestic violence battery
- Grand larceny (with a property value of at least $5,000 but less than $25,000)
- Cyberstalking
Category D Felonies
In Nevada, a person guilty of a Category D felony will face a standard sentence of one year up to four years in prison. In addition to imprisonment, the court can impose a fine of up to $5,000 or higher if the specific criminal statute mandates or permits it.
The following crimes receive the Category D felony standard sentence:
- Sharing a personal photo of an adult without their consent to harass or harm them
- Involuntary manslaughter
- Parental kidnapping
Category E Felonies
Category E felonies in Nevada are punishable with a standard sentence of one year up to four years in prison. The court can also impose a fine of up to $5,000 or higher if the specific criminal statute mandates or permits it.
Examples of Category E felonies that carry the standard sentence include:
- Fake drug prescription
- Base jumping from a private structure
- Marijuana possession above one ounce (either first or second offense)
Misdemeanors
In Nevada, misdemeanors are considered less serious offenses compared to felonies. These offenses are generally punishable by fines, probation, community service, or a jail sentence of up to one year. However, the specific penalties can vary depending on the nature and severity of the offense.
Nevada classifies misdemeanors into two categories: gross misdemeanors and misdemeanors (regular). Each type has its maximum penalties.
Gross Misdemeanors
In Nevada, gross misdemeanors are more serious offenses and carry higher penalties than regular misdemeanors. These misdemeanors can result in punishments such as a maximum fine of $2,000 and a 364-day jail term.
Some examples of gross misdemeanors in Nevada are as follows:
- Statutory rape
- Unarmed false imprisonment
- Assault or battery without a lethal weapon
- Pointing or shooting a gun at someone
- Falsifying credit card applications
Misdemeanors (Regular)
The least severe offenses in Nevada are misdemeanors (regular). These crimes can lead to a maximum sentence of six months in county jail and a fine of up to $1,000. Individuals found guilty of a misdemeanor may also be placed on probation and required to complete 200 hours of community service.
Crimes considered regular misdemeanors in Nevada include:
- Reckless driving
- Theft of less than $1,200
- Assault or battery without a lethal weapon or serious bodily injury
- Purchasing alcohol using a fake ID
How Does Probation Work in Nevada?
Probation in Nevada refers to a court-ordered period of supervision granted to individuals convicted of certain crimes. Instead of serving time in detention, the offender is returned to the community under strict supervision and regulations.
While probation is generally an option for many offenses, certain crimes are not eligible in Nevada. Severe offenses like murder, kidnapping, sexual assault, arson, and drug-related crimes typically do not qualify for probation.
The Division of Parole and Probation (DPP) of the Nevada Department of Public Safety (DPS) oversees probation within the state. The division operates under the guidance of state laws and regulations, working in conjunction with the courts to supervise and monitor probationers effectively.
Probation officers employed by the division play a pivotal role in ensuring compliance with the terms of probation.
When placed on probation in Nevada, individuals must comply with various conditions. They must meet regularly with their assigned probation officer to discuss progress and address concerns or challenges.
The probationer must also refrain from engaging in further criminal activity and adhere to specific conditions set by the court, such as attending counseling programs, maintaining employment, and abstaining from drug or alcohol use. Additionally, the court can impose community service requirements, restrictions on travel, or even electronic monitoring.
When the probationer violates their probation conditions, the probation officer will submit a report to the court, which then decides on appropriate action. Consequences can range from increased supervision and counseling to revocation of probation and imposition of the original jail or prison sentence.
The length of probation in Nevada depends on the offense committed. For misdemeanors, probation periods can vary from a few months to three years, while for felonies, they can extend up to five years.
How Does Parole Work in Nevada?
In Nevada, parole refers to a prisoner's supervised release before their full sentence completion. The Nevada Board of Parole Commissioners grants parole and takes responsibility for managing the parole system within the state.
However, despite its role in managing the parole system within the state, the Parole Board does not determine parole eligibility or calculate sentence expiration dates. These responsibilities lie with the Nevada Department of Corrections (NDOC), which also keeps track of statutory good time and other credits earned by inmates.
In Nevada, individuals are eligible for parole if they have suitable convictions. Generally, violent offenders and those convicted of certain serious crimes may not be eligible for parole. Additionally, an inmate must have served a portion of their sentence, known as the minimum parole eligibility date, before becoming eligible.
If one inquires about credits earned, parole eligibility, or the expiration of prison and parole terms, they should direct their questions to the NDOC Offender Management Division.
Once eligible, the Parole Board will conduct a hearing and evaluate factors such as the nature of the offense, the inmate's criminal history, institutional behavior, and participation in rehabilitation programs when determining.
Once inmates are granted parole, they must adhere to specific terms and conditions. These terms may include regular check-ins with a parole officer, maintaining employment or pursuing education, abstaining from drug and alcohol use, submitting to drug tests, and refraining from contact with specific individuals or locations.
The parolee may also be required to attend counseling or treatment programs relevant to their offense, such as anger management or substance abuse programs.
Violating the terms of parole can have severe consequences. If a parolee fails to comply with the conditions, their parole may be revoked, leading to their return to prison.
How Does Expungement Work in Nevada?
In many states, having a criminal record can create obstacles in a person's life, affecting their chances of finding housing, getting a job, and accessing government benefits. However, some states allow individuals to have their criminal records expunged, effectively erasing the record from public access.
Unfortunately, Nevada does not provide expungement options. Nonetheless, there is an alternative called record sealing that can mitigate the impact of a criminal record on an individual's life.
Record sealing in Nevada is a legal process that allows individuals to restrict access to their criminal records. Unlike expungement, which completely erases criminal history, sealing keeps the records confidential and inaccessible to the general public without completely eliminating them. However, not all Nevada Criminal Records are eligible for sealing in the state.
Eligibility Requirements for Sealing a Criminal Record in Nevada
Individuals must meet specific requirements to be eligible for record sealing in Nevada. Generally, individuals must have completed their sentence, including any probation or parole requirements, and have been discharged from their obligations.
Furthermore, before filing a petition for record sealing, it is essential to observe a waiting period, which varies depending on the type of offense.
For Category A felonies, the waiting period is ten years. For Category B, C, or D felonies, it is five years. In the case of Category E felonies and gross misdemeanors, the waiting period is two years. For other misdemeanors, the waiting period is one year.
Certain criminal convictions in Nevada are not eligible for sealing even after an individual has completed their sentence. These convictions include crimes involving children, such as child abuse or exploitation.
Additionally, crimes of a sexual nature, such as sexual assault or rape, are ineligible for record sealing. Felony-level DUI convictions involving serious driving incidents under the influence cannot be sealed either.
Lastly, offenses like home invasion while possessing a deadly weapon and vehicular homicide while under the influence are not eligible for record sealing in Nevada.
Process in Sealing a Criminal Record in Nevada
The process of sealing Nevada Criminal Records differs from county to county in terms of procedures and requirements.
Generally, the individual needs to gather all relevant documents related to their criminal case, including court records, arrest records, and any other necessary documentation.
Then, the individual must complete the necessary application form for record sealing. This form is typically available from the court and requires detailed information about the case, such as charges, dates, and case numbers. It is crucial to provide accurate and complete information to avoid delays or potential denial of the petition.
The next step is to file the petition for a record sealing with the appropriate court. A filing fee is typically required unless the individual qualifies for a fee waiver based on financial hardship.
After filing the petition, the court will typically schedule a hearing. During the hearing, the court will review the petition and consider various factors, including the nature of the offense, the individual's behavior since the conviction, and its impact on public safety.
The court may also consider any objections raised by the prosecution or other parties involved in the case. It is advisable for the individual seeking record sealing to present a compelling case, highlighting their efforts towards rehabilitation and demonstrating their commitment to leading a law-abiding life.
Following the hearing, the individual must await the court's decision regarding sealing their records. If the court grants the sealing request, the records will be restricted from public access, although certain government entities may still have access.
How To Obtain a Criminal Record in Nevada
Obtaining Nevada Criminal Records may not be the goal for most individuals seeking information about the legal system, but for some researchers, legal professionals, or those involved in background checks, it can be a necessary task.
Firstly, someone with a criminal record or a third party interested in someone's criminal history can visit a local law enforcement agency. The most accessible agency is typically the county Sheriff's Office, where one can request a criminal record search.
By presenting the necessary documents, an individual can engage with the authorities and initiate obtaining a criminal record report.
Interested individuals who wish to obtain their criminal records or request a notice confirming the absence of a criminal history record may do so through the Central Repository for Nevada Records of Criminal History provided by the Records, Communications, and Compliance Division (RCCD) of the DPS.
To initiate a search, individuals must fill out a DPS form, providing as much relevant information as possible, such as the full name and date of birth of the person of interest. Aside from the DPS form, the request must accompany the appropriate payment in a money order or certified check payable to the DPS and a standard fingerprint card.
After compiling the requirements, one must submit them in person to the RCCD office or by mail at the designated mailing address indicated in the form.
Lastly, individuals interested in someone's criminal history may choose to hire a private investigator or utilize the services of a background check company. These professionals have the expertise and resources to access criminal records quickly and efficiently.
By providing the necessary information, such as the name and any relevant identifiers, individuals can rely on their expertise to obtain a comprehensive criminal record report.
What Are the Criminal Background Check Laws in Nevada?
Criminal background checks are vital in maintaining public safety and ensuring trust in various settings. In Nevada, several laws regulate the process of conducting background checks. Understanding and adhering to these laws is crucial for employers and individuals to ensure a fair and secure hiring process in Nevada.
Below are the primary criminal background check laws in Nevada:
Fair Credit Reporting Act (FCRA)
Under the FCRA, employers must obtain written consent from applicants or employees before conducting a background check. They must also provide a clear and separate disclosure informing individuals about their intent to get a background report.
Furthermore, the FCRA mandates that individuals have the right to review the information in their background check report and dispute any inaccuracies.
Employers must also follow strict guidelines when taking adverse action based on the information obtained in a background check. Before making adverse decisions, they must provide applicants or employees with a copy of the report and a summary of their rights under the FCRA.
Nevada Revised Statutes (NRS) 613.570
NRS 613.570 mandates that the employer must inform the candidate and get their permission before checking their credit report. Usually, the employer cannot take adverse action against the candidate based solely on their credit report.
However, there are exceptions where employers can access and utilize credit reports without the limitations above.
It can occur if state or federal law mandates it, particularly within industries like financial institutions. Moreover, employers may check and use the candidate's credit report if they reasonably suspect unlawful actions or if the information directly relates to the job under consideration.
Nevada Sex Offender Search Laws
The Sex Offender Registry and Community Notification page is a resource the DPS provides to inform the public about individuals convicted of sex offenses. It allows individuals to search for registered sex offenders and provides details such as their names, addresses, and offense descriptions.
However, despite this information's availability, Nevada employers are legally barred from using it as a basis for employment decisions. This restriction aims to protect people with sex offense convictions from job discrimination and ensure they have fair chances to reintegrate into society.
Counties in Nevada
- Carson City
- Churchill
- Clark
- Douglas
- Elko
- Esmeralda
- Eureka
- Humboldt
- Lander
- Lincoln
- Lyon
- Mineral
- Nye
- Pershing
- Storey
- Washoe
- White Pine