NRS 176A.850: Honorable Discharge from Probation In Nevada
You may have been convicted or entered into a plea deal for a crime that resulted in probation instead of incarceration. Whether you were found guilty or pleaded guilty, this alternative allows you to fulfill your obligations without being imprisoned. Nevada takes discharge from probation seriously almost like the military, hence the reference.
In Nevada, you can be discharged from probation either honorably or dishonorably just like the military.
If you are given probation rather than a prison sentence, you must adhere to a set of rules and regulations set by the probation department for a specific period of time based on the crime and sentence.
Most people would prefer probation over a prison term; however, depending on the crime the probation can be just as strict if not more so than a prison term.
For lesser crimes probation, may just be a formality that is more on paper than physical accountability.
Probation, for many people, is enough of a punishment to deter any further issues with the courts.
Sometimes thought you might have messed up a little on probation and at the end were given a dishonorable discharge.
Well, what does that mean for you going forward? And what if anything can be done to your record?
What Is Probation in Nevada?
Probation is a way to sentence a person for a crime without sentencing them to prison or jail time.
Most of the time, probation sentences are offered in lieu of prison for lesser offenses where the defendant is not considered a danger to society or prisons are already overcrowded.
Probation sentences are handled by the Probation Department.
All people on probation are given a specific set of rules and regulations they must follow for a duration of time set by the court.
Some of the most common probation rules are:
- Random drug and alcohol testing at the probation officers discretion
- Attending counseling, education classes and/or rehab
- Having regular appointments with a probation officer
- Appearing at court hearings for updates on your progress
- Adhering to any orders placed by the court like restraining or protective orders
- Doing community service hours
- Electronic monitoring or house arrest
- Abiding by a curfew
- Paying fines and restitution
- No New arrests while on probation
When you violate probation terms during your time you may be sent to jail to serve the rest of your sentence.
What Is an Honorable Discharge From Probation in Nevada?
If you are on probation you will be honorably discharged from probation when you:
- Complete the terms of your probation including all the rules during the allotted time
- Complete all the terms above except for restitution due to economic hardship. Or
- If Nevada’s Division of Parole and Probation recommends you for an early termination of your probation sentence
An honorable discharge from probation is the best outcome to complete your sentence.
What Is a Dishonorable Discharge From Probation in Nevada?
At some point, your time on probation comes to an end just like someone would be released from prison whether or not they succeeded in the program or not.
The time just comes to an end.
You can be dishonorably discharged from probation in Nevada when:
- Your whereabouts are unknown
- You failed to pay restitution and there was no economic hardship
- You failed to satisfy the terms or conditions of your probation
Your probation may end and you will have no further obligation to the court. You may be sued by the victims of the crime for any unpaid restitution.
This dishonorable discharge may show up when looking for employment and may impact your ability to secure employment. Employers may see this as a red flag that you can’t follow rules or directions and may not hire you.
What Rights Do I Recover After My Probation Period Ends?
While on probation there are things that you cannot do. For example, you may not be able to buy a firearm while on probation.
Once your term on probation ends some civil rights can be restored to you. These include:
- Serving on a jury in a civil case: Immediately upon release from probation
- Holding public office: 4 years after your probation sentence ends
- Serving on a jury in a criminal case: 6 years after your probation period ends
Being honorably or dishonorably discharged doesn’t change the fact that your civil rights will be returned to you.
Prior to 2019, if you were dishonorably discharged you were ineligible to have your civil right restored.
You, however, never lose the right to vote while on probation. If you have been convicted of a felony you can register to vote as soon as you are released from prison or jail.
Firearm possession is another civil right that can be taken away while on probation depending on the case.
For example, people convicted of misdemeanor domestic violence will be prohibited from owning a firearm even after the probation ends.
Convicted felons may not own a firearm. If you are caught with a firearm and are prohibited from owning one you could face up to 6 years in prison and up to a $5000 fine.
Not all convicted criminals whether on probation or sent to prison get the right to carry a firearm back.
Can My Records Be Sealed?
After your case is officially closed and you have completed all the sentencing requirements you may apply to have the records sealed.
This can take quite a long time with lots of paperwork.
There is also a waiting period depending on the type of crime for example”
- Misdemeanors: the waiting period is 1 year after the case closes
- Gross misdemeanors or Class E felonies: 2 years after closed case
- Category B, C and D felonies: 5 years after the closed case
- Misdemeanor DUI and battery domestic violence: 7 years
- Felony DUI, Sex crimes, and crimes against children: Never
Rebuttable presumption is when prosecutors assume that you are eligible for a record seal as long as you meet all the requirements and have been honorably discharged from probation.
If you are dishonorably discharged from probation, there is no rebuttable presumption so you may still be eligible for a record seal but your case will be scrutinized more.
Sealed records usually don’t appear in background checks.
However, gaming establishments may be entitled to know about sealed records since they are considered a special case.
What Proof Is Needed to Show I Finished My Probation?
The court will be notified by an official document that you have been discharged from probation.
This document contains information on whether or not you were honorably or dishonorably discharged from probation.
Also, the dates when your civil rights will be restored.
This serves as official notice that you have completed probation.
If you lose this document or it gets destroyed you must put in a written request to have the court restore your civil rights.
Contact The Defenders
If you need assistance with probation terms, probation violations, termination of probation or any matter involving the probation or parole system contact The Defenders today.
We have an experienced team of lawyers on staff who have been dealing with the Parole / Probation Department for years.
Remember a probation violation may lead to jail or prison time. Hiring a legal expert might help get you restored to serve probation rather than go to jail.
The Defenders can work to get some criminal sentences reduced to probation instead of heading to jail for your sentence.
We handle all types of criminal cases from financial crimes to cases involving crimes against another person.
If you are involved in any criminal matter you need to hire a lawyer right away, the choices you make today could have an effect on the rest of your life.