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 or a violation of NRS 200.508.
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.
(Added to NRS by 2019, 4388)
Structure Nevada Revised Statutes
Chapter 176 - Judgment and Execution
NRS 176.002 - "Division" defined.
NRS 176.0121 - "Commission" defined.
NRS 176.0125 - Duties of Commission.
NRS 176.0126 - Subpoenas: Power to issue; compelling performance.
NRS 176.0131 - Legislative findings and declarations.
NRS 176.01315 - "Department" defined.
NRS 176.01317 - "Executive Director" defined.
NRS 176.0132 - "Sentencing Commission" defined.
NRS 176.01327 - Duties of Executive Director.
NRS 176.0134 - Duties of Sentencing Commission.
NRS 176.0136 - Subpoenas: Power to issue; compelling performance.
NRS 176.014 - Creation; composition; Chair; duties; terms of members; per diem; staff.
NRS 176.055 - Credit against sentence of imprisonment.
NRS 176.057 - Effect of finding of guilty but mentally ill or acceptance of such plea.
NRS 176.075 - Rate of imprisonment in default of administrative assessment, fine or forfeiture.
NRS 176.085 - Reduction of excessive fine or administrative assessment; payment in installments.
NRS 176.09111 - "Agency of criminal justice" defined.
NRS 176.09112 - "Biological specimen" defined.
NRS 176.09113 - "CODIS" defined.
NRS 176.09114 - "DNA" defined.
NRS 176.09115 - "DNA profile" defined.
NRS 176.09116 - "DNA record" defined.
NRS 176.09117 - "Forensic laboratory" defined.
NRS 176.09118 - "Genetic marker analysis" defined.
NRS 176.09119 - "State DNA Database" defined.
NRS 176.09121 - State DNA Database: Establishment; duties.
NRS 176.0917 - County to designate forensic laboratory to conduct or oversee analysis; criteria.
NRS 176.09183 - Grounds for granting or dismissing petition; appeal.
NRS 176.0919 - Execution stayed pending results of genetic marker analysis.
NRS 176.0922 - "Central Repository" defined.
NRS 176.0923 - "Crime against a child" defined.
NRS 176.0924 - "Record of registration" defined.
NRS 176.0925 - "Sexual offense" defined.
NRS 176.0931 - Special sentence for sex offenders; petition for release from lifetime supervision.
NRS 176.095 - State Board of Parole Commissioners may direct release of state prisoner on parole.
NRS 176.105 - Judgment in criminal action generally.
NRS 176.125 - Entry of judgment of conviction; what papers constitute record of action.
NRS 176.135 - Presentence investigation and report: When required; time for completing; training.
NRS 176.145 - Presentence investigation and report: Contents of report.
NRS 176.165 - When plea of guilty, guilty but mentally ill or nolo contendere may be withdrawn.
NRS 176.265 - Fines to be paid into State Treasury.
NRS 176.285 - Fines in Justice Court to be paid to county treasurer; due date.
NRS 176.295 - Costs when criminal action removed before trial; clerk to certify costs to auditor.
NRS 176.315 - Judgment of imprisonment in county jail: How executed.
NRS 176.325 - Judgment of imprisonment in state prison: How executed.
NRS 176.345 - Proceedings when conviction carries death penalty.
NRS 176.355 - Execution of death penalty: Method; time and place; witnesses.
NRS 176.357 - Request for notification of execution of death penalty; request to attend.
NRS 176.365 - Director of Department of Corrections to make return on death warrant.
NRS 176.415 - When execution of death penalty may be stayed.
NRS 176.425 - Sanity investigation: Filing of petition; stay of execution.
NRS 176.435 - Sanity investigation: Conduct of hearing.
NRS 176.445 - Execution of judgment when defendant found sane.
NRS 176.465 - Investigation of pregnancy: Procedure; hearing.
NRS 176.485 - Costs of investigations borne by State; manner of payment.
NRS 176.486 - Authority to enter stay of execution.
NRS 176.487 - Determination of whether to enter stay of execution.
NRS 176.488 - Entry of stay of execution and necessary orders.
NRS 176.489 - Vacation of stay of execution.
NRS 176.491 - Stay of execution following denial of appeal.
NRS 176.492 - Dissolution of stay of execution which was improperly entered.
NRS 176.495 - New warrant generally.
NRS 176.505 - Order following appeal.
NRS 176.515 - Court may grant new trial or vacate judgment in certain circumstances.
NRS 176.525 - Arrest of judgment: When granted and time in which motion is to be made.
NRS 176.535 - Effect of arresting judgment.
NRS 176.545 - Procedure after allowance of arrest of judgment.