Nevada § 176.211 - Eligibility; duration; terms and conditions; violation of term or condition; discharge and dismissal; sealing of records

§ 176.211. Eligibility; duration; terms and conditions; violation of term or condition; discharge and dismissal; sealing of records

1. Except as otherwise provided in this subsection, upon a plea of guilty, guilty

but mentally ill or nolo contendere, but before a judgment of guilt, the court may,

without entering a judgment of guilt and with the consent of the defendant, defer

judgment on the case to a specified future date and set forth specific terms and conditions

for the defendant. The duration of the deferral period must not exceed the applicable period set forth

in subsection 1 of NRS 176A.500 or the extension of the period pursuant to subsection 2 of NRS 176A.500 . The court may not defer judgment pursuant to this subsection if the defendant has

entered into a plea agreement with a prosecuting attorney unless the plea agreement

allows the deferral. 2. The terms and conditions set forth for the defendant during the deferral period

may include, without limitation, the: (a) Payment of restitution; (b) Payment of court costs; (c) Payment of an assessment in lieu of any fine authorized by law for the offense; (d) Payment of any other assessment or cost authorized by law; (e) Completion of a term of community service; (f) Placement on probation pursuant to NRS 176A.500 and the ordering of any conditions which can be imposed for probation pursuant to NRS 176A.400 ; or (g) Completion of a specialty court program. 3. The court: (a) Upon the consent of the defendant: (1) Shall defer judgment for any defendant who has entered a plea of guilty, guilty

but mentally ill or nolo contendere to a violation of paragraph (a) of subsection

2 of NRS 453.336 ; or (2) May defer judgment for any defendant who is placed in a specialty court program. The court may extend any deferral period for not more than 12 months to allow for

the completion of a specialty court program. (b) Shall not defer judgment for any defendant who has been convicted of a violent

or sexual offense as defined in NRS 202.876 , a crime against a child as defined in NRS 179D.0357 , a violation of NRS 200.508 or a violation of NRS 574.100 that is punishable pursuant to subsection 6 of that section. 4. Upon violation of a term or condition: (a) Except as otherwise provided in paragraph (b): (1) The court may enter a judgment of conviction and proceed as provided in the section

pursuant to which the defendant was charged. (2) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130 , the court may order the defendant to the custody of the Department of Corrections

if the offense is punishable by imprisonment in the state prison. (b) If the defendant has been placed in the program for a first or second violation

of paragraph (a) of subsection 2 of NRS 453.336 , the court may allow the defendant to continue to participate in the program or terminate

the participation of the defendant in the program. If the court terminates the participation of the defendant in the program, the court

shall allow the defendant to withdraw his or her plea. 5. Upon completion of the terms and conditions of the deferred judgment, and upon

a finding by the court that the terms and conditions have been met, the court shall

discharge the defendant and dismiss the proceedings. Discharge and dismissal pursuant to this section is without adjudication of guilt

and is not a conviction for purposes of employment, civil rights or any statute or

regulation or license or questionnaire or for any other public or private purpose,

but is a conviction for the purpose of additional penalties imposed for second or

subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law,

to the status occupied before the arrest, indictment or information. 6. The court shall order sealed all documents, papers and exhibits in the defendant's

record, minute book entries and entries on dockets, and other documents relating to

the case in the custody of such other agencies and officers as are named in the court's

order if the defendant fulfills the terms and conditions imposed by the court and

the Division. The court shall order those records sealed without a hearing unless the Division

or the prosecutor petitions the court, for good cause shown, not to seal the records

and requests a hearing thereon. 7. If the court orders sealed the record of a defendant discharged pursuant to this

section, the court shall send a copy of the order to each agency or officer named

in the order. Each such agency or officer shall notify the court in writing of its compliance

with the order. 8. As used in this section: (a) “ Court ” means a district court of the State of Nevada. (b) “ Specialty court program ” has the meaning ascribed to it in NRS 176A.065 .