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Nevada

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to arrest the judgment, to withdraw the plea, to have the sentence reduced or modified, or for a new trial based on legal errors in the proceedings. In certain situations, the prosecution may file a motion to reduce or suspend the person’s sentence.
  • Victims can receive information about post-trial motions from the District Attorney’s Office that prosecuted the case.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The District Attorney’s Office that prosecuted the case represents the state on direct appeal. To receive appeal updates, victims can contact the District Attorney’s Office that prosecuted the case.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Attorney General’s Office (AG) represents the State in state post-conviction proceedings. To receive updates on the state’s post-conviction process, victims can register with the AG by completing a Victim Notification Request form and returning it to the Nevada Attorney General’s Office, Attn: Post-Conviction Division, 100 N. Carson Street, Reno, NV 89701, or e-mail the form to hprocter@ag.nv.gov with the subject line “Victim Notification Form.”

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Nevada law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Attorney General’s Appellate Division represents the State in federal habeas corpus proceedings. To receive updates on federal habeas corpus, victims can register with the AG by completing a Victim Notification Request form and returning it to the Nevada Attorney General’s Office, Attn: Post-Conviction Division, 100 N. Carson Street, Reno, NV 89701, or e-mail the form to hprocter@ag.nv.gov with the subject line “Victim Notification Form.”

Early Release Programs

These can include parole, geriatric parole, medical release, or earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Nevada, including parole, geriatric parole, medical release, or earning “credits” to reduce their sentences for good behavior or participation in vocational, educational, or substance-abuse programs in prison.
  • Victims can track the status of an incarcerated person through the Nevada Department of Corrections (DOC) online search. To receive notice of parole hearings, a victim must complete a notification form and submit it to the Board of Parole Commissioners. Victims can also complete a Victim Notification Request and submit it to the Victim Services Unit of the DOC. Additionally, victims may register with an automated notification system called Victim Notification and Information Everyday (VINE) or online to track the custody and status of a convicted person or register to be notified by phone, email, or text in the event of a transfer, release, or escape.

Clemency

In rare cases, the Nevada Board of Pardons Commissioners may grant the convicted person relief from their conviction or sentence.
  • The Nevada Board of Pardons Commissioners can grant clemency to people convicted under Nevada law. In Nevada, clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • For clemency information, victims can contact the Victim Services Unit of the Nevada Department of Corrections (NDOC) by phone at 775-887-3393 or 1-888-333-6076 [in-state toll-free] or by e-mail. For notification, victims can also complete a Victim Notification Request and submit it to the Victim Services Unit.

Victims Rights
Post-Conviction

In Nevada, victims have the right to:
  • Fairness and respect for their privacy and dignity and freedom from intimidation, harassment, and abuse 
  • Notification of and presence at public proceedings related to the case*
  • Notification of parole and post-conviction release proceedings*
  • Notification of scheduled release, escape, death, change in sentence, return to prison, or execution of the incarcerated individual*
  • Communicate with the prosecution
  • Restitution and to apply for victim’s compensation rights
  • Notification of their rights

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Victims of Crime Program (VOCP) reimburses victims for expenses related to the crime, such as medical expenses, income loss, and funeral and burial expenses.
  • Victims may request assistance with restitution through the Fiscal Services Unit of the Division of Parole & Probation, which collects the money and distributes it to victims. Victims can contact the Restitution, Bad Debt, and Accounts Payable Unit by phone at (775) 684-2614 or by email. For the Victims of Crime Program (VOCP), victims can apply and send completed applications to the VOCP office. For assistance, victims can contact the VOCP by phone at 702-486-2740. Victims may apply within 5 years of the crime, or within 5 years of their 21st birthday if they were a minor at the time of the crime.
Click here to learn more about the post-conviction process and victims’ rights in Nevada

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