How to obtain a judgment of conviction and discharge in Las Vegas

1. What is a judgment of conviction and discharge in Las Vegas?

It is official court-certified paperwork that shows a defendant successfully completed probation or another court-ordered program such as Drug Court. In short, it is proof that the defendant did what the court ordered him/her to do.

2. When do I need a judgment of conviction and discharge?

The most common reason a person would need a judgment of conviction and discharge is to include it in an application for a Nevada criminal record seal. Judges will not consider sealing a criminal record if the person has not successfully completed the terms of his/her sentence. Therefore, the judgment of conviction and discharge serves as proof that the person may be eligible for a seal.

Once a criminal record is sealed, it no longer comes up on background checks. And the defendant can legally deny ever having been arrested or convicted, even if asked about it under oath. Getting a criminal record seal can greatly increase the person’s chances of getting a job, leasing property, and getting a loan.

Another reason a person may need a judgment of conviction and discharge is to include it in a Nevada pardon application. A pardon does not seal records, but it may restore a person’s gun rights.

3. Do I still need a judgment of conviction and discharge for a Las Vegas record seal if I have police background check (SCOPE)?

It depends. For most record seal applications, having a current and valid background check (“SCOPE”) is sufficient documentation. But Nevada law requires a judgment of conviction and discharge from the court clerk in the following three situations:

1. The record seal applicant has been discharged from probation (NRS 176A.265)
2. The record seal applicant completed a program of reentry for parolees (NRS 179.259)
3. The record seal applicant was convicted of possession of personal use of flunitrazepam or gamma-hydroxybutyrate, and three (3) years have passed since the applicant was sentenced (NRS 453.3365)

It is highly recommended that people seeking a record seal retain private counsel to manage the process for them. The procedure requires a lot of paperwork and can be very confusing, and an attorney has experience in how to avoid mistakes and increase the odds of getting a seal.

4. Where do I go to get a judgment of conviction and discharge in Las Vegas?

Go to the Clerk of the Court at the Regional Justice Center located at 200 Lewis Ave., 3rd floor, Las Vegas, Nevada 89101 between 9:00 A.M. and 4:00 P.M. But first, call the clerk at (702) 455-2152 to confirm the latest address and hours of operation.

5. Does it cost anything to get a judgment of conviction and discharge in Las Vegas?

The clerk often does not charge anything if the paperwork fits on one page. But if the paperwork is lengthy, they may charge per page. Call (702) 455-2152 for the most current prices.

Legal References

NRS 176A.265  Sealing of records after discharge.

1.  After a defendant is discharged from probation pursuant to NRS 176A.260, 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 petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

2.  If the court orders sealed the record of a defendant discharged pursuant to NRS 176A.260, 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.

NRS 179.259  Sealing records after completion of program for reentry: Persons eligible; procedure; order; inspection of sealed records by certain entities.

1.  Except as otherwise provided in subsections 3, 4 and 5, 5 years after an eligible person completes a program for reentry, the court may order sealed all documents, papers and exhibits in the eligible person’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. The court may order those records sealed without a hearing unless the Division of Parole and Probation of the Department of Public Safety petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

2.  If the court orders sealed the record of an eligible person, 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.

3.  A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.

4.  The Division of Insurance of the Department of Business and Industry is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.

5.  A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

6.  As used in this section:

(a) “Crime against a child” has the meaning ascribed to it in NRS 179D.0357.

(b) “Eligible person” means a person who has:

(1) Successfully completed a program for reentry, which the person participated in pursuant to NRS 209.4886, 209.4888, 213.625 or 213.632; and

(2) Been convicted of a single offense which was punishable as a felony and which did not involve the use or threatened use of force or violence against the victim. For the purposes of this subparagraph, multiple convictions for an offense punishable as a felony shall be deemed to constitute a single offense if those offenses arose out of the same transaction or occurrence.

(c) “Program for reentry” means:

(1) A correctional program for reentry of offenders and parolees into the community that is established by the Director of the Department of Corrections pursuant to NRS 209.4887; or

(2) A judicial program for reentry of offenders and parolees into the community that is established in a judicial district pursuant to NRS 209.4883.

(d) “Sexual offense” has the meaning ascribed to it in paragraph (b) of subsection 7 of NRS 179.245.

NRS 453.3365  Sealing of record of person convicted of possession of controlled substance not for purpose of sale; conditions.

1.  Three years after a person is convicted and sentenced pursuant to subsection 3 of NRS 453.336, the court may order sealed all documents, papers and exhibits in that person’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:

(a) Person fulfills the terms and conditions imposed by the court and the parole and probation officer; and

(b) Court, after a hearing, is satisfied that the person is rehabilitated.

2.  Except as limited by subsection 4, after an accused is discharged from probation pursuant to NRS 453.3363, the court shall order sealed all documents, papers and exhibits in that person’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 person fulfills the terms and conditions imposed by the court and the Division of Parole and Probation of the Department of Public Safety. The court shall order those records sealed without a hearing unless the Division of Parole and Probation petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

3.  If the court orders sealed the record of a person discharged pursuant to NRS 453.3363, it shall cause a copy of the order to be sent 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.

4.  A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.