The Finish Line—Dismissal and Sealing Your Record following Deferred Judgment

The ultimate goal of a deferred judgment under NRS 176.211 is to walk away without a permanent criminal record. If you successfully meet all the terms and conditions set by the judge, the results are life-changing.

What Happens Upon Completion?

Once you fulfill your requirements, the court will discharge you and dismiss the entire case. Legally, this means:

  1. No Conviction: The arrest and plea are not considered a conviction (though they can still be used to set bail or enhance a sentence if you are arrested again in the future).
  2. Automatic Sealing: The court is required to seal your records without a separate hearing. This ensures that your past mistake doesn’t follow you when applying for jobs or housing.

The Risk of Failure

It is important to stay on track. If you violate the conditions of your deferral, the court has the choice to either give you another chance or immediately enter a judgment of conviction and sentence you for the original crime. Because of this, many lawyers recommend a “Cripps inquiry“—a legal check to ensure you understand exactly what sentence you would face if you fail to complete the program.

Successfully navigating a deferral is a way for people who "deserve a chance" to prove they can be productive members of the community without the burden of a felony.
Legal Disclaimer
This blog is for informational purposes only and does not constitute legal advice. Viewing this content or contacting the author does not create an attorney-client relationship. Do not act or rely on any information provided without seeking legal advice from a qualified attorney licensed in your jurisdiction. Laws change and vary by jurisdiction, and no representation is made that the information provided is current, complete, or applicable to your situation.
Kelsey is a compassionate and fierce advocate. Kelsey began her practice as a Deputy Public Defender for Elko County after graduating from the world-renowned McGill University Faculty of Law in Montreal, Quebec. She relocated to Washoe County where she continued to work as a Deputy Public Defender before opening her own practice. Kelsey has handled thousands of criminal cases across Northern Nevada and will bring years of expertise to your case.

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One of the most powerful parts of Nevada’s deferred judgment law involves simple drug possession. Under NRS 176.211, if you are pleading guilty to a first or second offense of possession (less than 14 grams of a controlled substance), the court is legally required to defer judgment if you consent.

If you are facing criminal charges in Nevada, you may hear the terms “diversion” or “deferred judgment.” While often used interchangeably, Nevada law specifically refers to this process as deferred judgment. Essentially, this allows a person to enter a plea of guilty or no contest, but the court delays entering a final conviction while the person completes certain requirements.

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