Classification of Nevada Crimes - Misdemeanors, Gross Misdemeanor, Felony

One of the first questions most attorneys who specialize in Nevada record sealing receive is “what is what class of offense was I convicted of?” Answer that question is a two step process. Step one involves finding out what NRS code the person was convicted of violating. Step two is looking up the sentence and seeing where it fits in list of descriptions provided in the NRS code listed below:

Classification of Nevada Crimes.

1. A crime is an act or omission forbidden by law and punishable upon conviction by death, imprisonment, fine or other penal discipline.

2. Every crime which may be punished by death or by imprisonment in the state prison is a felony.

3. Every crime punishable by a fine of not more than $1,000, or by imprisonment in a county jail for not more than 6 months, is a misdemeanor.

4. Every other crime is a gross misdemeanor.

Nevada Revised Statutes Section 193.130 - Crimes and Punishments

Categories and Punishment of Nevada Felonies.

1. Except when a person is convicted of a category A felony, and except as otherwise provided by specific statute, a person convicted of a felony shall be sentenced to a minimum term and a maximum term of imprisonment which must be within the limits prescribed by the applicable statute, unless the statute in force at the time of commission of the felony prescribed a different penalty. The minimum term of imprisonment that may be imposed must not exceed 40 percent of the maximum term imposed.

2. Except as otherwise provided by specific statute, for each felony committed on or after July 1, 1995:

(a) A category A felony is a felony for which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole may be imposed, as provided by specific statute.

(author’s note: The person would have to wait 15 years from the time of completing a their sentence before the criminal record can be sealed. However, if the person completed a Program for Reentry, the waiting period could be just 5 years.)

(b) A category B felony is a felony for which the minimum term of imprisonment in the state prison that may be imposed is not less than 1 year and the maximum term of imprisonment that may be imposed is not more than 20 years, as provided by specific statute.

(author’s note: The person would have to wait fifteen years from the time of completing a their sentence before the criminal record can be sealed. However, if the person completed a Program for Reentry, the waiting period could be just 5 years.)

(c) A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute.

(author’s note: The person would have to wait twelve years from the time of completing a their sentence before the criminal record can be sealed. However, if the person completed a Program for Reentry, the waiting period could be just 5 years.)

(d) A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute.

(author’s note: The person would have to wait 12 years from the time of completing a their sentence before the criminal record can be sealed. However, if the person completed a Program for Reentry, the waiting period could be just 5 years.)

(e) A category E felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. Except as otherwise provided in paragraph (b) of subsection 1 of NRS 176A.100, upon sentencing a person who is found guilty of a category E felony, the court shall suspend the execution of the sentence and grant probation to the person upon such conditions as the court deems appropriate. Such conditions of probation may include, but are not limited to, requiring the person to serve a term of confinement of not more than 1 year in the county jail. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater penalty is authorized or required by statute.

(author’s note: The person would have to wait 7 years from the time of completing a their sentence before the criminal record can be sealed. However, if the person completed a Program for Reentry, the waiting period could be just 5 years.)

Punishment of Nevada Gross Misdemeanors.

Every person convicted of a gross misdemeanor shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such gross misdemeanor prescribed a different penalty.

Punishment of Nevada Misdemeanors.

1. Every person convicted of a misdemeanor shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such misdemeanor prescribed a different penalty.

2. In lieu of all or a part of the punishment which may be imposed pursuant to subsection 1, the convicted person may be sentenced to perform a fixed period of community service pursuant to the conditions prescribed in NRS 176.087.