Overview Description

Records relating to a case that is discharged and dismissed following the successful completion of a pre-prosecution diversion program will be sealed by the court. AB470, Section 5, Laws of 2017. (Effective October 1, 2017)

Ineligible Category or Citation

See AB470, Section 2, subsection (2), Laws of 2017 for offenses eligible for preprosecution diversion.

Procedure General

The procedure is automatic. If the justice court or municipal court determines that the person has successfully completed the terms of the pre-prosecution diversion program, the court must discharge the defendant and dismiss the indictment. Upon discharge and dismissal, the court must seal the record unless the district attorney shows good cause not to seal. AB470, Sections (4) and (5), Laws of 2017.

Fees

There is no statutory language regarding fees for sealing. Costs are assessed for the preprosecution diversion program. AB470, Section (6), Laws of 2017.

Effect

Discharge and dismissal occurs without an adjudication of guilt and is not a conviction for purposes of employment, civil rights, or any statute, regulation, license, or questionnaire or for any other public or private purpose. Nev. Rev. Stat. § 201.354(7), (9).

Waiting Periods

There is no statutory language regarding a waiting period.

(non-prod server)