According to NRS 176.211, Nevada law states that defendants who plead guilty or no contest to certain crimes can get their case dismissed and their record sealed through “deferral of judgment.” This means a judge defers judgment – or elects not to convict – and you (the defendant) must complete various court-ordered conditions within a specific time period.
The following are the common terms of deferred judgment:
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Probation
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Community service hours
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A specialty court program
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Fines
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Court costs
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Restitution
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Classes
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Rehab
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Drug tests
If you successfully complete all the terms, then the judge will dismiss your charges, which means you avoid conviction entirely. Additionally, the judge will order the sealing of your record.
Deferral of judgment is not available for the following types of criminal offenses:
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Murder
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Voluntary manslaughter
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Sexual assault
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Robbery
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Kidnapping
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False imprisonment
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Assault with a deadly weapon
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Battery with intent to commit crime
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Child pornography
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Sex trafficking
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Lewdness with a child
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Child abuse
Keep in mind, if you are later arrested for or charged with another crime, your previous case – even though you obtained a deferral of judgment – will count as a conviction in order to set bail or impose certain penalties specifically for repeat offenders.
If you violate the rules or fail to complete the terms, you may be convicted of the original charge. However, you are entitled to a court hearing to argue the alleged violation.
While a deferral of judgment is an effective way to avoid conviction, one of the major downsides of this law is the requirement of entering a guilty plea since you are essentially giving up your right to a trial. An experienced criminal defense attorney can thoroughly examine your case, assess your available legal options, and determine if a deferral of judgment is the best course of action.
If you have been arrested in Reno, contact the Law Offices of Kenneth A. Stover today for a free initial consultation. Do not hesitate to let a former prosecutor with more than 25 years of trial-tested experience fight for you!