The main difference in Nevada between parole and probation – which are both types of court-supervised release following a criminal conviction – has to do with timing.
If you are granted parole, it is after you have already served several years of your sentence. In contrast, probation is typically granted at the beginning of your sentence so you can avoid serving any time at all. (Though in some cases, probation kicks in after you have served part of your term, similar to parole.)
Another difference is that parole applies only to felony cases where you are sentenced to state prison. Probation can be granted in both misdemeanor cases and some felony cases.
The other main difference is that the Nevada Parole Board determines whether you can be released from parole, whereas probation decisions are made by the trial court judge who presided over your case.
Parole | Probation | |
What it is | Court-supervised release following a conviction | Court-supervised release following a conviction |
Grantor | Nevada Parole Board | Your trial judge |
When it happens | After you already served a large part of your sentence | At the very beginning of your sentence so you serve no time (in most cases) |
When available | Most felonies | Most misdemeanors and some felonies |
Common conditions | Drug tests, electronic monitoring, counseling, and avoiding new arrests | Drug tests, electronic monitoring, counseling, and avoiding new arrests |
If you violate conditions | Judge can remand you back into custody to serve out your sentence | Judge can remand you back into custody to serve out your sentence |
How are parole and probation similar?
Otherwise, Nevada parole and probation have many similarities: As long as you abide by the parole or probation terms, you can remain out of custody until the sentence ends. Common terms include:
- Completing community service
- Paying victim restitution
- Submitting to drug testing for controlled substances
- Taking mental health counseling
- Checking in with your parole officer/probation officer
- Staying away from certain locations (such as the victim’s home)
If you violate your terms, you will be arrested (or summoned) and given a revocation hearing. This is where a judge determines whether you did indeed commit a parole or probation violation.
If you are found in violation, you can be remanded back to jail or prison for the remainder of your sentence. Sometimes the judge will give you a second chance to remain out of custody, but they will often add conditions and fines as punishment.
Another similarity between probation and parole is that if you serve the maximum possible sentence for your crime, then the court cannot impose probation or parole afterwards. This is because probation and parole serve as a type of early release from your sentence; so if you are not released early, then there can be no probation or parole.
Example: Jenny is sentenced to the maximum six months in jail for misdemeanor trespass because she is a repeat offender. Since six months is the maximum sentence for trespass, the judge cannot then order that she go on probation afterwards.
Can I get off of parole or probation early?
Possibly. If you are on parole, you can petition for an “early discharge of parole hearing.” If you are on probation, you can file a motion for early termination of probation.
You are more likely to be granted an early release when you have been fully compliant for at least a year and have fully paid any victim restitution.1
You are advised to hire a criminal defense attorney to help you try to get released from parole or probation early.
Can I travel while on parole or probation?
Whether you may travel and where depends on the specifics of your case. You can usually travel as long as you get permission from your parole- or probation officer ahead of time.
Note that interstate travel for parolees and probationers is regulated by the Interstate Compact of Adult Offender Supervision (ICAOS). All 50 states plus D.C. are part of the compact.2
Parolees and probationers who violate their release terms can be remanded back into custody.
Can I get a criminal record seal while I am out on parole or probation?
No. You have to wait a certain number of years after your parole or probation ends before you can petition the court for a record seal. Plus, the most serious criminal cases are not sealable at all and must remain on your background check forever.
Nevada conviction | Record sealing waiting period |
Most misdemeanors | 1 year after the case closes |
Gross misdemeanors, category E felonies, and misdemeanor- battery, harassment, stalking, or violation of a protection order | 2 years after the case closes |
Most category D felonies, category C felonies, and category B felonies | 5 years after the case closes |
Misdemeanor DUI and battery domestic violence | 7 years after the case closes |
Category A felonies, felony crimes of violence, and burglary of a residence, | 10 years after the case closes |
Sex crimes, felony DUI, crimes against children, and invasion of the home with a deadly weapon pursuant to NRS 205.067. | Never |
Note that if your criminal case gets dismissed, then you can petition for a record seal in Nevada right away.3
Also note that record seals are a completely separate procedure from applying for a Nevada pardon, which is the only way to get gun rights restored.4
Helpful Links
- Nevada Department of Public Safety (DPS)
- Nevada Division of Parole and Probation (npp.dps.nv.gov)
- Las Vegas Metropolitan Police Department (LVMPD)
- Clark County Sheriff
- Reno, NV Police Department
- North Las Vegas Police Department
- State of Nevada Parole Board
- General information about county jails, city jails, and state prison in Nevada
Legal References
- See, for example, Lewis v. State, (1974) 529 P.2d 796. See also Dep’t of Pub. Safety v. Coley (2016) 132 Nev. 149.
- Interstate Commission for Adult Offender Supervision, bylaws and Chapter 2.
- NRS 179.245. NRS 179.255.
- NRS 213.005 – NRS 213.100.