Section 176A.850 - Honorable discharge from probation: When granted; ineligibility; restoration of civil rights; effect; documentation1. A person who: (a) Has fulfilled the conditions of probation for the entire period thereof;(b) Is recommended for earlier discharge by the Division; or(c) Has demonstrated fitness for honorable discharge but because of economic hardship, verified by the Division, has been unable to make restitution as ordered by the court, may be granted an honorable discharge from probation by order of the court.
2. A person whose term of probation has expired and: (a) Whose whereabouts are unknown;(b) Who has failed to make restitution in full as ordered by the court, without a verified showing of economic hardship; or(c) Who has otherwise failed to qualify for an honorable discharge as provided in subsection 1, is not eligible for an honorable discharge and must be given a dishonorable discharge. A dishonorable discharge releases the person from any further obligation, except as otherwise provided in subsection 3.
3. Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge and is enforceable pursuant to NRS 176.275.4. A person who has been discharged from probation:(a) Is free from the terms and conditions of probation.(b) Is immediately restored to the right to serve as a juror in a civil action.(c) Four years after the date of discharge from probation, is restored to the right to hold office.(d) Six years after the date of discharge from probation, is restored to the right to serve as a juror in a criminal action.(e) If the person meets the requirements of NRS 179.245, may apply to the court for the sealing of records relating to the conviction.(f) Must be informed of the provisions of this section and NRS 179.245 in the person's probation papers.(g) Is exempt from the requirements of chapter 179C of NRS, but is not exempt from the requirements of chapter 179D of NRS.(h) Shall disclose the conviction to a gaming establishment and to the State and its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit. As used in this paragraph, "establishment" has the meaning ascribed to it in NRS 463.0148.(i) Except as otherwise provided in paragraph (h), need not disclose the conviction to an employer or prospective employer.5. The prior conviction of a person who has been discharged from probation may be used for purposes of impeachment. In any subsequent prosecution of the person, the prior conviction may be pleaded and proved if otherwise admissible.6. Upon discharge from probation, the person so discharged must be given an official document which provides: (a) That the person has received an honorable discharge or dishonorable discharge, as applicable, from probation;(b) That the person is restored to his or her civil right to serve as a juror in a civil action as of the date of his or her discharge from probation;(c) The date on which the person's civil right to hold office will be restored pursuant to paragraph (c) of subsection 4; and(d) The date on which the person's civil right to serve as a juror in a criminal action will be restored pursuant to paragraph (d) of subsection 4.7. A person who has been discharged from probation in this State or elsewhere and whose official documentation of discharge from probation is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore the person's civil rights pursuant to this section. Upon verification that the person has been discharged from probation and is eligible to be restored to the civil rights set forth in subsection 4, the court shall issue an order restoring the person to the civil rights set forth in subsection 4. A person must not be required to pay a fee to receive such an order.8. A person who has been discharged from probation in this State or elsewhere may present: (a) Official documentation of discharge from probation, if it contains the provisions set forth in subsection 6; or(b) A court order restoring the person's civil rights, as proof that the person has been restored to the civil rights set forth in subsection 4.
Added to NRS by 1967, 1436; A 1989, 1983; 1993, 1517; 1997, 1672; 2001, 1639, 1690; 2003, 67, 2685; 2005, 81, 2354; 2015, 2574; 2017, 2227; 2019, 1452Amended by 2019, Ch. 255,§1, eff. 7/1/2019.Amended by 2017, Ch. 362,§1, eff. 1/1/2019.Amended by 2015, Ch. 444,§2, eff. 10/1/2015.Added to NRS by 1967, 1436; A 1989, 1983; 1993, 1517; 1997, 1672; 2001, 1639, 1690; 2003, 67, 2685; 2005, 81, 2354