Nevada Arrest Records

On average, Nevada records up to 100,000 arrests annually. Simple assault accounts for over 18% of arrests reported in the state, making it the highest offense recorded by law enforcement in Nevada. Other frequent arrests made include driving under the influence at 10.7% and drug abuse violations at 7.4%.

Nevada has a rate of 3,354.56 arrests per 100,000 residents, significantly higher than the national average of 2,181.7 arrests per 100,000 people. Compared to neighboring states like Utah, California, and Oregon, with arrest rates of 2,923.15, 2,406.93, and 2,002.57 per 100,000 residents, Nevada's arrest rate is conspicuously higher.

What Is an Arrest Under Nevada Law?

Per Section 171.104 of the Nevada Revised Statutes (NRS), arrest is taking a person into custody in a manner approved by law. Generally , law enforcement may detain an individual suspected of criminal activity with or without a warrant.

Type of Arrests in Nevada

Arrests in Nevada are typically classified into warrant arrests and warrantless arrests.

Warrant Arrests

An arrest warrant is generally an order in writing issued by a judge or magistrate in Nevada permitting peace officers to lawfully detain and take an individual into custody for crimes committed by the individual. Arrest warrants are issued after prosecutors or law enforcement present evidence before a judge showing probable cause that a person committed a crime. Probable cause refers to any information, fact, or circumstances that would lead a reasonable person to believe that a crime occurred as the suspect committed it. In a warrant arrest, law enforcement officers must provide enough evidence to convince the judge that probable cause exists to issue the warrant.

Warrantless Arrests

Law enforcement officers may take a person into custody without a warrant in Nevada. A warrantless arrest occurs when peace officers detain someone without obtaining an arrest warrant from a judge. However, warrantless arrest in Nevada may only happen under specific conditions, including:

• The suspect committed the crime in the presence of the arresting officer
• The suspect committed a gross misdemeanor or felony offense
• There is probable cause to believe that the suspect committed the offense
• The suspect is wanted for crimes in other states

In addition to the broad classification of warrants in Nevada, specific types of warrants exist depending on the diverse legal circumstances. They typically include:

• Bench Warrant: A bench warrant, issued by a judge, permits law enforcement officers to arrest a person who fails to show up for their court-scheduled appearance
• Search Warrant: A search warrant permits peace officers to search a specific location to find evidence of a crime. Search warrants are issued on probable cause
• Extradition Warrant: It is issued to arrest someone in another state who committed a crime in Nevada and fled the state. The warrant is an extradition order to have the person arrested and brought to answer for crimes committed in the state
• Capias Warrant: It is similar to a bench warrant. However, it is specifically issued by the judge when a person fails to comply with court orders such as failure to pay fines. The warrant permits peace officers to arrest and detain the individual until they obey the court's demands
• Civil Warrant: A judge issues a civil warrant for non-criminal cases involving civil matters such as unpaid debts. The warrants allow law enforcement to detain an individual until they sort out the civil issue

There are other types of arrest warrants issued depending on the nature of the crime, the suspect, and the specific situation. They typically include:

• • Misdemeanor Arrests
  • Felony Arrests
  • Domestic Violence Arrests
  • Traffic-Related Arrests
  • Immigration-Related Arrests
  • Juvenile Arrests

What Are Nevada Arrests Records?

Nevada arrest records typically are the documents created when law enforcement officers take a person into custody. Arrest records provide detailed information about a person arrested. The record is created immediately when the arresting officer detains the suspect. Arrest records may contain crucial information about the person arrested and the arrest itself. Generally, most arrest records in Nevada include:

• Personal information: The full name, date of birth, gender, and address of the arrested individual
• Arrest Details: The date, time, and location of the arrest
• Arresting Agency: The law enforcement agency responsible for the arrest
• Charges: The offense the person is charged with
• Booking Information: The arrested individual's mugshot, fingerprint, and personal items confiscated during the arrest
• Court Information: Scheduled court appearances, date, and location

Arrest records and criminal records are vital legal documents. Although related, they serve different purposes and contain different information. Arrest records typically detail a specific arrest. It is created when a person is taken into custody regardless of whether the individual is charged or convicted. Criminal records on the converse are generally more comprehensive. It includes a person's history with the criminal justice system, from arrest to conviction. Arrest records are part of criminal records, but not all arrests lead to a criminal record until the person is convicted.

How Can Arrest Records Be Accessed in Nevada?

Generally, arrest records are publicly accessible in Nevada. Per the Nevada Public Records Act NRS 239, unless otherwise declared by law as confidential, all public records of a government entity are open to the public for inspection and copying. Per the law, the public may access government records, including arrest records, unless there is a legal reason to withhold them. Some arrest records are confidential and restricted from public view. Per the Act, juvenile arrest records, sealed or expunged arrest records, arrest records from ongoing investigations, and arrest records involving sensitive cases, such as domestic violence, are excluded from the public. Although confidential arrest records are inaccessible to public law enforcement agencies, judicial authorities, attorneys involved in the case, the individuals named on the arrest record, and government agencies may still access restricted arrest records. Arrest records are accessible at the state, local, or court level.

State Level - The Nevada Department of Public Safety (DPS)

The DPS maintains a Criminal History Repository using the Nevada Criminal Justice Information System (NCJIS). The repository contains criminal records, which include arrest records from across the state. To access the record, interested persons may fill out the Identification File Request for Nevada Records of Criminal History Form, DPS-006. Next, the record seeker obtains proof of identity via fingerprint cards, using the Fingerprint Card FD-258. The completed forms may be mailed to the DPS office. The department charges a fee to access arrest records through this service. Mail the request to:

Department of Public Safety

Records, Communications and Compliance Division

333 West Nye Lane Suite 100

Carson City, NV 89706

Local Level - Police Department or Sheriff's Office

Arrest records are generally accessible at the police department or sheriff's offices across Nevada. Each agency maintains records of arrests made within its jurisdiction and grants access to the public on request. Some Nevada police departments and Sheriff's offices may provide access to arrest records online through their websites. Law enforcement agencies without online databases to access the record permits in person or mail requests for arrest records.

Court Level

It is possible to look up arrest records in the courts. Where arrests lead to a criminal case, the arrest information forms part of the case file in the court records. Record seekers may visit the courthouse where the case was heard to request the document. Alternatively, searchers may use the online web tool provided by Nevada Courts to look up arrest records. Typically, record seekers may use the case number or case name to access the record using the search tool.

How Long Will an Arrest Report Stay on Your Nevada Records?

In Nevada, arrest reports typically stay on a person's records indefinitely, irrespective of whether the arrest led to a conviction. Arrest reports generally do not automatically disappear from an individual's records after a predetermined duration unless the record holder takes specific actions to remove them. Nevada law does not provide for the expungement of arrest records. However, it does permit record holders to seal arrest records.

Can You Expunge Your Arrest Records in Nevada?

Nevada law does not provide for expunging arrest records but permits the courts to seal arrest records. Nevada law does not delete the record, as is the case for expungement. Instead, it keeps all records in a central repository but places a seal on the arrest record, making it inaccessible to the public. Chapter 179.245 outlines eligibility for sealing arrest records. Generally , Nevadans may have their arrest record sealed if they meet the following conditions:

• The case ended in an acquittal, or the charges were dropped
• The individual was wrongfully convicted
• The state has decriminalized the offense
• The person has satisfied the waiting period, ranging from between 2 to 15 years, depending on the category of offense
• The individual has paid up all court-imposed fees, penalties, and financial obligations
• The person should have completed any sentence, including probation and parole
• There are no pending or active warrants in the person's name

Individuals with charges dismissed, found not guilty, or acquitted do not have their records automatically sealed. The arrest report remains on the individual record unless they take steps to have them sealed. However, such persons do have to wait for a predetermined period before applying to seal the records.

To seal arrest records in Nevada, file a petition with all supporting documents at the court where the case was handled. After filing, serve the petition to all relevant parties involved. The courts review and may hold a hearing before granting the order to seal the arrest record.

Is Citizen's Arrest Legal in Nevada?

Yes, citizen's arrest is generally legal in Nevada. Per Chapter 171.126 of the NRS, a private citizen may detain another subject to the following conditions

• The suspect committed or attempted to commit the offense in the person's presence
• The suspect committed a felony, although the private citizen did not witness it
• The private citizen has reasonable cause to believe that the suspect committed a felony

For the arrest to be legal, the private citizen must contact law enforcement immediately. Nevada law does not permit private citizens to restrain a suspect indefinitely. However, the law allows private citizens making a citizen's arrest to orally summon other persons for assistance to help in restraining and detaining the suspect.

In Nevada, law enforcement officers may conduct a citizen arrest when off duty or outside their jurisdiction. When peace officers are outside the jurisdiction, they are legally permitted to enforce the law, although not in their official capacity. In such cases, when they witness a crime or have probable cause to believe that a suspect committed a crime, they may conduct a citizen arrest. Likewise, off-duty officers may perform citizen arrests if they witnessed the crime.

Citizen arrest may not be mistaken for false arrest. While both involve detaining a person, one is legal under certain conditions, and the other may result in serious legal consequences. A citizen arrest occurs when a private person detains someone believed to have committed a crime. Citizen arrest is protected by Nevada law. False arrest, on the converse, is detaining someone without justification. It is holding someone against their will without a valid reason. Persons who make false arrests could face lawsuits for wrongful detention.

How to Look Up Arrest Warrants in Nevada

There are a few ways persons can look up arrest warrants in Nevada. Many county courts in the state provide online databases where interested persons can look up arrest warrants filed in their courthouses. Record seekers may visit the website of the county court where the case was filed to view the document. Additionally, interested persons may use the Find a Court Directory to access warrant information at the courthouse where the case was filed.

Local police departments or sheriff's offices generally keep records of all arrests made within their jurisdiction and provide access to these records. Some sheriff's offices and police departments may provide online access to arrest reports, others may require a written application sent in by mail or dropped off in person to obtain arrest records. Third-party websites may also offer public record searches, including arrest warrant lookup.