“Early Termination of Probation” in Nevada – How to do it

Judges in Nevada have the discretion to grant an early termination of probation if you’ve met certain conditions, such as having completed all the terms of probation. There are many advantages to getting an early discharge from probation, such as:

• civil rights will be restored quicker (for felony defendants);
• there is no more risk of violating probation; and
• being able to return to normal life sooner.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding early termination of probation in Nevada.

• 1. Probation
• 2. Terms of Probation
• 3. Length of Probation
• 4. Shortening Probation
• 5. Restoring Civil Rights
• Additional Reading

1. Probation

Probation is an alternative punishment to incarceration in some Nevada criminal cases. If you are on probation, you may be out of custody, but you still have to comply with various court orders as a condition of remaining out of custody.

If you are convicted of minor misdemeanors, you will usually get “informal probation“:

• You are not assigned a probation officer, though
• You have to complete various court orders, such as staying out of trouble.

By contrast, If you are convicted of serious felonies, you may get “intensive supervision.” You usually have to submit to electronic monitoring and several other requirements that limit your movements and actions.

Although probation can be very inconvenient, it is preferable to incarceration because it allows you to remain out of custody. Note that sometimes judges will sentence you to a jail or prison term, which will then be followed by a period of probation.

2. Terms of Probation

Judges determine which probationary terms to impose on a case-by-case basis. For instance, if you are convicted of drug possession (NRS 453.336), you will likely be ordered to submit to random drug testing as a term of your probation.

Fifteen standard terms of probation in Nevada include:

1. avoiding any further arrests by a law enforcement agency
2. regular “check-ins” with the probation officer
3. showing up to court so the judge can monitor progress
4. paying fines and restitution
5. staying away from certain locations
6. not contacting certain people related to the criminal case
7. not possessing any weapons
8. attending counseling and/or rehab (especially in cases involving domestic violence)
9. abstaining from controlled substances and/or alcohol
10. remaining employed or in school
11. completing community service
12. wearing a location-tracking GPS device
13. wearing a SCRAM alcohol-detection device
14. submitting to drug tests (scheduled or unannounced)
15. following curfew or remaining home on house arrest

If you allegedly violate your probation, you are entitled to a probation revocation hearing. Judges can remand you to jail for any probation violations. Judges can also give you a second chance to remain on probation if you have a good enough excuse.

If you are granted probation following a conviction of criminal charges, you will be required to complete various terms or face being remanded to jail.

3. Length of Probation

When determining the length of a probationary period, the judge takes into account recommendations by the Nevada Department of Public Safety Division of Parole and Probation.

Minor cases may have probationary periods as short as a year or a few months. Probation may last for up to:

• 12 months for gross misdemeanors,
• 18 months for category E felonies,
• 24 months for category D or E felonies,
• 36 months for category B felonies, and
• 60 months for violent or sex offenses.¹

4. Shortening Probation

If you do not meet these requirements, you may still ask for early termination of probation:

• First, your attorney files a motion for “early termination of probation” with the court.
• Then the judge contacts the D.A. and probation officer for their input; the judge may also hold a court hearing on the matter.
• Finally, the judge decides whether to grant or deny the request.

See our article on How long does early termination of probation take?

Note that some judges in Las Vegas never grant early termination of probation in any case. The remaining judges consider it on a case-by-case basis: These judges will be more likely to grant early termination of probation if the following two conditions are met:

1. you have been compliant with all terms of probation, and
2. you have paid all the restitution (if the court ordered any)

Judges may consider additional factors as well. Just some of them are:

• your number of prior criminal convictions
• the number of any other criminal prosecutions pending against you
• the number of years that elapsed since your most recent previous conviction
• the number of times in which you have been supervised as an adult or juvenile probationer
• the nature of the present offense and the number of persons victimized

Read more about factors for early termination of probation.

5. Restoring Civil Rights

When you get discharged from probation, you immediately get your right to serve on a civil jury restored.

However, you need to wait four (4) more years to get back your right to hold office. Finally, your right to serve on a criminal jury is restored six (6) years after the discharge.

Note that if you apply for and are granted an unconditional pardon in Nevada, you get your civil rights restored immediately.²

Learn more about discharge from probation (NRS 176A.850).

You may be eligible to finish probation early in Nevada if you exhibit good behavior.

Additional Resources

For more in-depth information, refer to the following scholarly articles:

• Legal and Extralegal Factors Associated with Success on Misdemeanor Probation – Open Journal of Social Sciences.
• Fugitives from Justice: An Examination of Felony and Misdemeanor Probation Absconders in a Large Jurisdiction – Federal Probation.
• New Directions in Misdemeanor Probation – Judicature.
• Felony probation: A re-examination of public risk – American Journal of Criminal Justice.
• Probation and Felony Offenders – Federal Probation.