Drug Diversion Programs in Nevada: Can You Avoid a Conviction Entirely?

Drug charges in Nevada are almost always serious. However, depending on the situation, it may not be as bleak as it seems at first, especially if this is a first offense. Nevada has several drug diversion programs that help people get treatment instead of sending them to jail, and, in some cases, completing one of these programs means the charges get dismissed entirely and won’t show up on a criminal record.

What Is a Drug Diversion Program?

A drug diversion program is exactly what it sounds like. Instead of going through the regular criminal process with a trial and sentencing, eligible defendants can complete a set of requirements (usually substance abuse treatment, counseling, drug testing, and community service) and have their charges reduced or dismissed.

The idea is that if the cause of the charge is addiction rather than criminal intent, treatment is better than just punishing the defendant with jail time. Nevada offers several programs depending on the nature of the charges and the defendant’s history.

Drug Court

Nevada’s Drug Court program is an intensive, court-supervised program that runs 12 to 18 months. It includes regular check-ins with a judge, mandatory treatment participation, drug testing, and milestones that participants hit through phases.

Defendants who complete Drug Court can have their charges dismissed, avoiding both a conviction and the collateral consequences that come with one, like how it affects employment, housing eligibility, professional licensing, and immigration status.

Note that this option is usually only available for nonviolent offenders struggling with substance abuse. However, requirements do vary, so there is some flexibility.

Suspended Sentence and Probation

Nevada law (Revised Statute 453.3363) offers another option for first-time drug offenders. A defendant convicted of “simple possession” or being under the influence of a controlled substance can apply to have their sentence suspended if they go through a drug treatment program.

Anyone who completes the program and meets the probation conditions can have the conviction set aside (it’s removed from their public record). That’s not the same as a charge never being filed, but it limits the effects of a conviction.

What Charges Qualify?

Diversion programs in Nevada are usually aimed at low-level, nonviolent drug offenses, like simple possession, being under the influence, and, in some cases, possession of paraphernalia. The more serious the charge, the less likely the person is to qualify for any type of diversion program.

A case involving potential drug trafficking or other serious charges usually won’t qualify. Prior criminal history is another major consideration. Prosecutors have a lot of discretion in determining who they’ll agree to refer to diversion, which is one of the reasons having an attorney in your corner early matters so much.

If you’re facing drug charges in Las Vegas, contact CEGA Criminal Law Group today. We’ll review your case and make sure you understand every option available to you.