Nevada Misdemeanors

In Nevada, a misdemeanor refers to any criminal act that can result in a jail sentence of no more than six months, a fine of up to $1,000, or both. The state categorizes misdemeanors into two levels: regular misdemeanors and gross misdemeanors. Each of these categories carries maximum penalties set by law.

What Is a Misdemeanor in Nevada?

As stated inChapter 193 of the Nevada Revised Statutes, a misdemeanor is defined as any crime that can result in a jail term of up to 6 months and/or a fine not exceeding $1,000. Any other crime that could result in a jail sentence in a county facility and a fine exceeding $1,000 is classified as a gross misdemeanor. Common examples of misdemeanors include minor theft, simple battery not involving domestic situations, first or second DUI offenses within seven years, and first or second offenses of domestic violence battery (BDV).

Misdemeanor Classes and Penalties in Nevada

Nevada does not use lettered classes (A, B, C). Instead, default penalties come from the general punishment statutes, and many offense-specific statutes add mandatory minimums:

• Misdemeanor (default): This is considered a less severe misdemeanor. Anyone convicted of a misdemeanor will be punished by imprisonment in the county jail for no more than 6 months, a fine of up to $1,000, or both a fine and imprisonment.
• Gross misdemeanor: This category comprises the most severe misdemeanors in the state. Anyone found guilty of a gross misdemeanor will face imprisonment in the county jail for up to 364 days, a fine of up to $2,000, or both a fine and imprisonment.

Here are some examples with statute-specific ranges.

• DUI (first within 7 years): This is a misdemeanor with mandatory penalties, including jail time or equivalent fines, treatment/education, and license sanctions. A second offense within 7 years is also a misdemeanor but comes with higher minimum penalties. A third offense within 7 years is classified as a felony.
• Battery domestic violence (BDV): First and second offenses are misdemeanors that require counseling, community service, fines, and possibly short jail time. However, a subsequent offense can be charged as a felony.

In addition to these penalties, courts can impose conditions such as probation, restitution, treatment/counseling, community service, protective orders, and other requirements allowed by law. When jail time is given, it is served locally, not in state prison.

Misdemeanor Court Process in Nevada

Where cases are heard. Nevada’s Municipal Courts deal with city ordinance misdemeanors. Justice Courts handle state-law misdemeanors that come from their townships and also conduct preliminary hearings for felonies.

Typical path from stop to sentencing.

1. Citation or arrest. Many misdemeanors begin with a citation, while others start with an arrest and a complaint.
2. Arraignment in Municipal or Justice Court: During the arraignment in Municipal or Justice Court, the judge tells the defendant about the charges and their rights, and sets the conditions for release. If there is a chance of jail time and the defendant cannot afford a lawyer, a public defender can be assigned.
3. Pre-trial. The pre-trial phase involves discovery, motions, plea negotiations, and any diversion or treatment options that happen in the trial court.
4. Trial. Most misdemeanor trials take place in the court where the case was filed. Whether a jury is available depends on the charge and the legal framework. Most misdemeanor trials are bench trials.
5. Sentencing. For sentencing, the court determines any jail time, fines, and conditions, such as treatment or probation, taking into account any specific minimums for the offense.

For traffic issues that constitute civil infractions, the process is handled online through nvtrafficticket.com or the local court’s civil infraction system, rather than through a criminal arraignment.

Misdemeanor Records in Major Nevada Cities

Nevada lacks a unified trial-court case viewer for the entire state. Those interested can find misdemeanor records on their local court websites or at the courthouse. Court clerks maintain the official record, but several courts also offer online ROA (Register of Actions) and payment options.

• Las Vegas (Clark County). The Las Vegas Justice Court (LVJC) handles state-law misdemeanors from the unincorporated areas of the county and offers online tools for searching criminal and traffic cases. The Las Vegas Municipal Court (LVMuni) manages city-ordinance cases and has a portal where you can view cases, submit pleas, make payments, and search dockets.
• Reno (Washoe County). The Reno Justice Court shares contact information and links for case searches. Washoe’s Second Judicial District Court has a Quick Case Search (Odyssey) for district-court issues. The Reno Municipal Court notes that Registers of Actions (including dispositions) are accessible online for free, along with a dedicated page for records requests.
• Henderson (Clark County). The Henderson Municipal Court offers online payment options and an e-services portal. The Justice Court webpage provides details on traffic-division payments and how to contest them.

How to Search for Misdemeanor Records in Nevada

You can find misdemeanor records in Nevada by taking the following steps:

1. Identify the court. You can find city ordinance matters in Municipal Courts, while Justice Court deals with state-law misdemeanors. TheNevada Judiciary’s directory, called "Find a Court," shows the locations of the different courts in the state.
2. Use the local portals. You can obtain records by visiting your local court portal. For instance, the Las Vegas Justice Court offers aportal for searching criminal and traffic cases, providing users with access to records and payment pages for the traffic division.
3. Traffic civil infractions (not crimes). To pay, dispute, or request a hearing, use the Nevada Civil Traffic Portal. Note that some county websites also provide information about AB 116 changes and deadlines.
4. If it isn’t online / needs certified copies. If you need certified copies or cannot find something online, call or visit the clerk at the court where you filed. Many courts offer counter service and options for mail-in copies.

How Long Does a Misdemeanor Stay on Your Record in Nevada?

Nevada uses record sealing and not expungement. Sealing removes records from public access but does not destroy them. Law enforcement and certain agencies retain limited access by statute.

If your case was dismissed, the prosecution decided not to proceed, or you were found not guilty, you may request to seal your recordsat any time, according to NRS 179.255. There's no waiting period.

For most misdemeanors in Nevada, you have to wait 1 year after your case is closed before you can seal it. However, if you were charged with a gross misdemeanor, you must wait 2 years before filing a petition to seal.

Some offenses, like crimes against children, sexual crimes, and felony DUI, cannot be sealed.

Without an order, a misdemeanor can be publicly accessed forever. However, if sealing is granted, the public will no longer have access to it.Court officials and law enforcement may access sealed records.