When can I petition to remove my name from the Nevada sex offender registry?
There are two circumstances under which you may be entitled to early termination of your duty to register with the Nevada Sex Offender Registry:
- You are a Tier I offender in Nevada who has registered for 10 consecutive years or more;1 or
- You are a Tier III offender in Nevada for an offense for which you were adjudicated delinquent as a juvenile and you have registered for 25 consecutive years or more.2
Tier II offenders in Nevada are not eligible for early termination. They must remain on Nevada’s sex offender registry for at least 25 years.
What are the requirements for early termination of my duty to register?
In addition to the time requirements set forth above, to receive early termination you must have:
- Not been convicted of another criminal offense for which imprisonment of more than 1 year may be imposed;
- Not been convicted of any other sex crime;
- Successfully completed any periods of supervised release, probation or parole; and
- Successfully completed a sex offender treatment program certified by the state of Nevada or by the Attorney General of the United States.3
Is early termination from the Nevada sex offender registry automatic?
Your name will not be removed automatically from the Nevada sex offender registry even if you are eligible. To be relieved of your duty to register, you must file a petition for early termination with the district court in the jurisdiction in which you reside or, if you are not a permanent resident of Nevada, in the jurisdiction in which you work or go to school.
The court will then hold a hearing on your petition. You may present witnesses and other evidence at the hearing. If the court determines from the evidence presented that you meet the requirements for early termination, it will issue an order stating that you no longer have a duty to register as a Nevada sex offender.4
It usually takes about 6 to 8 months from the filing of a petition to get your duty to register terminated. Until your petition has been approved and the order has been entered, you must continue to comply with all sex offender registration requirements.
Does early termination “erase” my sex crime conviction?
All early termination does is remove your duty to register as a Nevada sex offender. It will not seal the record of your conviction, restore your gun rights, or remove the duty to disclose the conviction on job and housing applications.
The only way to fully restore your civil rights is to receive an unconditional pardon from the Nevada Board of Pardons.5 However, even a pardon may be conditional. It may or may not relieve you of all disabilities incurred upon conviction.
It will, however, remove the obligation to notify the state of Nevada when you move and to provide an annual verification form to the Criminal History Repository. Failure to register as a sex offender in Nevada is a category D felony. It can be punished by up to 4 years in Nevada state prison and possibly a fine of up to $5,000.
If you are a Tier III offender, termination of the duty to register will also remove your name from the portion of the registry searchable by the public.
To learn more about how a pardon can restore your gun rights, please see our article on pardons and restoring your Nevada gun rights.
If you are required to register with the Nevada sex offender registry and are interested in petitioning for early termination or a pardon, we invite you to contact us for a free consultation.
Simply fill out the form on this page or call us. One of our compassionate Reno or Las Vegas, Nevada criminal defense lawyers will get back to you promptly to help determine your eligibility and get you started.
To learn more about Nevada’s sex offender registry, please see our article on Nevada’s Sex Offender Registration System (NRS 179D).
To learn about California’s sex offender registry, please see our Guide to Sex Offender Registration Under California’s “Megan’s Law.”
- NRS 179D.490 (3)(a).
- NRS 179D.490 (3)(b).
- NRS 179D.490 (3).
- NRS 179D.460(4).
- NRS 213.090.