Nevada Sex Registration Termination Frequently Asked Questions

How long do I need to register in NV?

This depends on the Tier level you are classified as. In Nevada, there are Tier I, Tier II, and Tier III level offenders. The full term of registration is: 15 years for a Tier I offender, 25 years for a Tier II offender, and Life for a Tier III offender.

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Can I be released from registration early?

This also depends on your Tier level. If you are a Tier I offender, you can ask a court to release you from your registration requirements after you have registered for at least 10 consecutive years. If you committed a Tier III offense when you were a juvenile but were only “adjudicated delinquent” for that offense, then you can apply to a court to release you from registration requirements after you have registered for 25 consecutive years. There are additional requirements other than these waiting periods.

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I heard the Nevada registration laws changed a lot in 2008…what does that mean for me?

In 2008, the Nevada legislature drastically amended its sex offender registration laws to comply with the federal Adam Walsh Act. The changes were supposed to take effect on July 01, 2008. However, a federal judge had placed a permanent injunction on the amendments. The case was appealed. On February 10, 2012, the Ninth Circuit ruled that the new laws could be applied retroactively (as written) and the injunction was lifted.

The major substantive change to the laws was in the way sex offenders were classified. Previously, an offender was classified as a Tier I, II, or III (most severe) based on a variety of subjective factors (in order to determine the risk of reoffending). Under the new law, sex offenders are classified based on the offense of which they were convicted alone; thus, the classification was supposed to be more mechanical and objective after the changes.

Here is a comparison of the previous and current version of NRS 179D.490 specifically:

BEFORE 07/01/2008: - Lifetime registration for all offenders - All offenders eligible to petition for early release (except those subject to lifetime supervision or community notification) after 15 years of registration - If petition denied, cannot re-apply for another 5 years

ON AND AFTER 07/01/2008: - Tier 1 = 15 years - Tier II = 25 years - Tier III = for life - Tier III “juvenile delinquent offenders” = may petition for early release after 25 years. - If petition denied, can re-apply any time

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What if I don’t know what tier I am?

We can research your case for you and determine if you are eligible to have your sex offender registration terminated early. We charge a small fee to do so and that will apply to the total for any service you subsequently sign up for.

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Will this have any effect on my conviction?

If the court releases you from sex offender registration, it has no effect on the conviction.

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Can it still be used against me for a future conviction?

Yes. The conviction does not go away.

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What happens if my petition is denied?

We will evaluate why the petition was denied, and depending on the reason for the denial, we will refile the petition.

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I moved from a state where I did not need to register. Do I have to register in Nevada when I move to Nevada?

This depends on whether the offense you committed is substantially similar to a Nevada offense that requires registration.

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Can I become a schoolteacher, nurse, or other occupation after I am I released from sex offender registration?

Unless you get your conviction sealed, the conviction still remains and you cannot legally deny that you have that conviction. Moreover, sex offenses are not eligible for sealing. There is no law in Nevada or at the federal level that prohibits an employer or licensing agency from asking about your past convictions.

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Do I need to hire an attorney or can I do it myself?

You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay (2) handle objections from the district attorney (3) send an attorney to court to argue the case if need be and (4) write letters to potential employers or licensors that you are in the process of getting off sex offender registration.

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Do I have to go to court?

No, we go for you. If the court requests your presence and you are unable to make it then we will request for your presence to be excused.

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How does the attorney know about my case details?

Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue the important information to the judge so he knows why you are deserving to have your record cleared. Although some of the questions may seem simple, the more information and detail that you provide in your answers the better we are able to argue the case in your favor.

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How long does the process take?

It typically takes five to six months, depending on your individual circumstances, the court’s workload at the time, and whether there are any objections from the government. The court is required to give the government and other interested parties (such as the victim) an opportunity to be heard at the hearing.

We base our estimates of how long a case will take on how long the average is for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.

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Can it be done faster?

The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner it is heard and decided. If it helps, we would be glad to write your employer or potential employer or licensor that we are currently helping you get off sex offender registration.

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How do I know what is going on with my case?

We have an online tracking system that is just for your case or cases. You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings.

Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.

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Does it matter if I pled guilty or no contest?

No, it does not matter. If you are eligible to petition, it does not matter whether you pleaded guilty/no contest or were convicted after a trial.

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What are the details of the guarantee?

We are unable to offer a money back guarantee because the process involves a substantial amount of preparation and sometimes several appearances in a court by our attorneys. We cannot offer this low of price and money back guarantee for a complex case as this.

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Do you have payment plans?

We can create a payment plan that meets your needs. Please view the pricing for details regarding the payment plans.

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What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.

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What if I have multiple cases?

The crucial question is whether you have another conviction following the conviction that required you to register. If you have been convicted of another sex offense or a felony during the waiting period, you will not be eligible (or will not prevail, even if eligible.)

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What happens after the judge grants my petition?

The judge should issue an order releasing you from all the requirements that you have been subjected to as a registered sex offender. It is good practice to confirm with both the State and your sex offender case worker to determine exactly when your registration duties end so that you do not get arrested for failure to register.

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Will this restore my right to own a firearm?

No. The only way to restore your gun rights in Nevada is by getting a pardon from the Nevada Board of Pardons Commissioner.

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