Nevada Arrest Records Search

What is Considered an Arrest in Nevada?

Chapter 171.104 of the Nevada Revised Statutes outlines the concept of arrests. The law defines arrests as taking a person into custody by police officers or a private person in a manner authorized by law. Arrests generally occur when a person is restrained and their freedom of movement restricted by law enforcement officers. Additionally, arrests require probable cause as mandated by the Fourth Amendment of the U.S. Constitution, which protects citizens, including Nevadas, from unreasonable search and seizures. Probable cause is the reasonable belief based on facts and evidence that a crime has been committed and the arrested person is responsible.

In Nevada, arrests may result from various actions ranging from criminal conduct to court-related violations. Committing a criminal offense such as theft, assault, drug possession, and more serious crimes like robbery or homicide may result in arrest. Failure to comply with a previous court order may lead to an arrest warrant to detain the individual to answer for the prior crime. Traffic violations such as driving under the influence (DUI), driving with a suspended license, or fleeing the scene of an accident may lead to immediate arrests. Engaging in behavior that distresses public order, such as disturbing the peace, public intoxication, or disorderly conduct, may lead to arrests.

Nevada law provides clear guidelines on the arrest process. These legal concepts define the arrest process in Nevada for the arrests to stand in court:

• Custody and Control: Custody is the physical detention of an individual by law enforcement, restricting a person's freedom. When a person is arrested, they are under the control of law enforcement officers and are no longer free to leave.
• Legal Authority: Legal authority is the right peace officers have to arrest offenders. Section 171.106 authorizes police officers to detain individuals based on arrest warrants. Likewise, Section 171.124 permits peace officers to make arrests without a warrant when there is probable cause to believe a crime was committed.
• Miranda Rights: State law requires law enforcement officers to read arrested persons' Miranda rights before commencing custodial interrogations. These rights include the right to remain silent, the right to an attorney, and anything the person says can be used against them in court.
• Restraint and Transport: Restraining arrested persons requires physical restraints such as handcuffs to prevent the arrestee from fleeing or causing harm to themselves or police officers. Once restrained, police officers convey arrested persons to the designated detention center. During transport, the officers ensure their safety while minimizing the risk of escape or harm.
• Booking Process: Upon arrival at the detention facility or jail, police officers document the arrested person. The booking process typically involves recording the arrestee's personal information and taking their fingerprints and mugshot. All personal property of arrested persons is inventoried. Also, police officers document the charges against the arrestee.

Often used interchangeably, arrests and detention are two distinct legal concepts. Arrests occur when a person is taken into custody by law enforcement. Arrests fully restrict a person's movement and involve a protracted period at the detention facility. Arrests are generally based on probable cause and do not violate a person's constitutional rights. Detention is the temporary holding of an individual by law enforcement for investigation purposes. Detention does not require restraints, Miranda rights, or probable cause. It only needs reasonable suspicion based on facts that suggest a person may be involved in a crime

What is Unlawful Arrest in Nevada?

An unlawful arrest occurs in Nevada when peace officers detain a person without following the proper legal procedures. Unlawful arrests, usually without probable cause, violate the constitutional rights of the arrested individual. Unlawful arrests may lead to serious legal consequences for peace officers and their agencies. Factors that can make arrests unlawful in Nevada typically include:

• Lack of Probable Cause: Probable cause is required for all legal arrests in Nevada. Per Section 171.124(1) of the NRS, law enforcement officers may arrest someone based on valid warrants or without warrants, where there is enough evidence or facts to believe that the individual committed a crime. Without probable cause, the arrest violates state law and is deemed unlawful.
• Violation of Constitutional Rights: All arrests must comply with the constitutional rights of arrested persons. The Fourth Amendment protects individuals from unreasonable search and seizure. The Fifth Amendment protects a citizen's right from self-incrimination. Violating these rights results in unlawful arrests.
• Arrest Without a Warrant: Generally, peace officers execute arrests with a warrant in Nevada per Section 171.106 NRS. Also, Section 171.124 of the NRS permits warrantless arrests under specific exemptions. Where there is no warrant and no probable cause, the arrest is unlawful.
• Racial Profiling and Discrimination: Racial profiling occurs when police officers arrest or detain someone based solely on their race, ethnicity, or nationality rather than probable cause. Arrests based on racial profiling or other discriminatory factors such as gender, sexual orientation, or religion are illegal and violate Nevada and federal laws.
• Procedural Violations: Nevada law requires law enforcement officers to follow specific procedures during arrests, typically including obtaining warrants before arrests, reading Miranda rights, or documenting the arrest properly. Failure to follow proper procedures for arrests deems the arrest unlawful.

Unlawful arrests in Nevada have grievous consequences on arresting officers and the law enforcement agencies responsible for the illegal arrest. Firstly, all evidence obtained during unlawful arrests may be inadmissible in court. Derived from the Fourth Amendment and known as the fruit of the poisonous tree doctrine, evidence illegally obtained is excluded from use in court. Likewise, unlawful arrests may result in dismissed charges. Where unlawful arrest violates the procedural or constitutional requirement, the charges from the arrests may be dismissed. Furthermore, the individual unlawfully arrested may file a civil rights lawsuit against the officers and their agencies. Per Section 1983 Title 42 of the United States Code (42 U.S.C. § 1983), persons wrongly arrested may sue for violating their constitutional rights.

Are Arrest Records Public in Nevada?

Arrest records are public records in Nevada. The Nevada Public Records Act (NPRA) governs public access to public records. Per Section 239.010of the Act, all public books and records held by governmental entities are open for inspection and copying. The Act promotes transparency by permitting citizens to access public records held by government agencies, including law enforcement agencies. However, some arrest records and information within arrest reports are exempted from public access to protect sensitive information and the privacy of the person named on the record. Nevada arrest records may contain several types of information that are accessible to the public. They typically include:

• Personal details of the arrested individual, including their full name, date of birth, gender, ethnicity, and other physical descriptors such as height and body marks
• Arrest details, such as the date and time of the arrest, location of the arrests, the arresting agencies, and reason for the arrests
• The charges against the individual
• The booking information, which includes the location of the detention center, fingerprints, and mugshots
• Bail and detention information
• The court information

In some states, access to mugshots is considered private information. It is restricted from the public to protect the privacy of the individual named on the record, prevent the exploitation of mugshots for commercial purposes, and protect ongoing investigations from interference. In Nevada, mugshots are considered public records and are open to the public. Nonetheless, mugshots on sealed or expunged arrest records are closed to the public.

Notwithstanding that Nevada law permits public access to arrest records, some records are excluded from public view due to privacy concerns or legal protections. These exceptions ensure that individual rights and sensitive information are protected. Per state law, juvenile arrest records, sealed or expunged court records, and arrest records related to ongoing investigations are excluded from the public. Likewise, sensitive personal information contained in arrest records is kept private. Social Security numbers, home addresses, telephone numbers, and financial information are generally redacted from public records to prevent identity theft, harassment, and other misuse.

What are the Types of Arrest Records in Nevada?

Arrest records are organized and maintained by local and state law enforcement agencies in Nevada. Each level of government handles different types of arrest records. At the county level, local police departments and county sheriff's offices keep arrest records. Local law enforcement agencies maintain records of arrests within municipalities or county jurisdictions. Law enforcement agencies within counties and municipalities make arrests for crimes categorized as felonies, misdemeanors, and infractions.

Arrest records at the state level are part of a broader criminal record. Arrest records at this level include arrests made by state police. It also contains information collected from local police departments, county sheriff's offices, and state law enforcement agencies. The Records Communications and Compliance Division (RCCD) of the Nevada Department of Public Safety (DPS) generally maintains statewide criminal records, which include arrest records. The RCCD maintains a comprehensive history of an individual's arrest across multiple jurisdictions within the state. Likewise, the Nevada State Police Highway Patrol maintains records of arrests made by state law enforcement officers on state highways. They also keep arrest records from state-level crimes and inter-jurisdictional cases.

Where are Arrest Records Kept in Nevada?

Arrest records are generally kept by a range of agencies within the criminal justice system in Nevada, including:

• Local Police Departments or County Sheriff's Offices: Local law enforcement agencies such as city police departments and county sheriff's office maintains records of arrests made within their jurisdiction
• The Nevada State Police Highway Patrol: The state highway patrol works with the Department of Public Safety. The agency keeps records of arrests on state highways, such as traffic violations and DUI arrests. The records division of the Nevada Highway Patrol provides access to arrest records.
• The Nevada Court System: Although the courts in Nevada do not keep actual records of arrests, they maintain legal records resulting from arrests, such as trial outcomes and case dispositions.
• The Nevada Department of Public Safety (DPS): The DPS, through the RCCD, maintains a central repository of statewide criminal records, including arrest records. The DPS collates arrest records from local and state law enforcement agencies.
• Federal Agencies: Federal agencies like the Federal Bureau of Investigation (FBI) maintain a national database of criminal records, including arrest records. The FBI's National Crime Information Center (NCIC) provides access to reports on federal crimes, interstate crimes, and federal arrest warrants.
• Correctional Facilities: The Nevada Department of Corrections (NDOC) maintains records related to persons incarcerated in the state's correctional facility, including arrest records. However, the NDOC only has arrest information for persons serving sentences in a Nevada prison.

How To Find Public Arrest Records in Nevada?

Individuals may access arrest records directly from various sources, including local law enforcement agencies, state agencies, the courts, and third-party websites.

• Local Law Enforcement: Arrest records are generally accessible at the police department or county sheriff's office by contacting the specific agency that handled the arrest. Record seekers may visit the office in person or mail written requests for the records. In addition, some law enforcement agencies offer electronic access to arrest records via their websites.
• Nevada Department of Public Safety (DPS): The DPS, through the RCCD, provides access to a statewide repository of criminal history records, which includes arrest records. Record seekers may access the record by completing form DPS-006 and a standard fingerprint card FD-258. The DPS charges $27.00, payable by money orders or certified checks. Mail the record request to:
• Nevada Judiciary: Arrest records are accessible at the Nevada courts. The Nevada Judiciary provides public access to case information and court records through the Court Case Lookup web tool. The court records may include information related to arrests, charges, and court proceedings. Alternatively, records seekers may access the documents through the clerk of courts at the courthouse where the case was handled.
• Third-Party Websites: Third-party websites generally offer access to publicly available arrest records aggregated from various governmental sources, including local law enforcement, county sheriff's offices, and state agencies across the United States, including Nevada. Third-party platforms such as RecordsFinder typically provide convenient means of accessing arrest records. However, third-party websites may not have accurate and complete information on arrest records.

How Long Do Arrests Stay on the Record in Nevada?

In Nevada,arrest reports stay on a person's criminal record history indefinitely. Nevada law does not automatically erase or seal arrest records after a specified duration. The record of arrest remains accessible to the public unless the record holder takes specific legal actions to have them expunged or sealed.

How To Seal or Expunge an Arrest Record in Nevada?

Nevada law generally does not provide for expunging arrest records but permits sealing the records. Expungement refers to destroying the records from the system as if the arrest had never happened. Sealing arrest records does not erase the report. Instead, sealing hides the records, making them inaccessible to the public.

While the state permits sealing arrest records, not all records are eligible. For arrests that did not result in a conviction, the prosecution did not file charges, or the case was dismissed, the record holder may apply to seal their records immediately. However, per Section 179.245, where the arrest results in convictions, records may be sealed after a specific waiting period. Depending on the severity of the offense, the duration before a person may apply to have their records sealed is between 2 - 5 years. The waiting period starts from the date of release from custody or discharge from parole or probation, whichever is later.

Sealing arrest records begins with the arrestee obtaining a copy of their criminal report from the DPS. The next step is to file a petition alongside the criminal records and other supporting documents, with the court requesting the sealing of the arrest record. The petitioner must file the request in the county where the arrest occurred. After filing, the petitioner must notify all relevant parties, such as the arresting agency, the prosecuting office, and the DPS, of their intention to seal their arrest records. The courts may schedule a hearing before the petition is approved. On approval, the records are sealed and will no longer appear in public searches.

Sealed arrest records are generally removed from public access and will not show when individuals and organizations conduct background checks. However, certain entities may access sealed arrest records. Law enforcement agencies may access sealed records for ongoing investigations. Certain government agencies, such as those involved in licensing or security clearances, may access sealed arrest records for jobs requiring security clearance or involving vulnerable persons. Likewise, prosecutors may access sealed records if a new case against the individual occurs.

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