Are you looking to better understand the Nevada sex offender classification system? Have you been charged with a crime? If these are concerns you are facing, you might have some questions for a Las Vegas criminal defense attorney.
If you have already been convicted of a sex offense, you might have concerns about your tier-level risk assessment. This assessment is a requirement by the state by an appointed professional who evaluates the risk level of recidivism. When an assessment like this can impact the rest of your life—you might feel more assured to be represented by counsel.
Nevada’s Sex Offender Tier Classification System
In 2016, Nevada legislators mandated that a classification system be used to divide offenders into categories based on the type of criminal conviction and the victim’s age.
You may have already been convicted of a crime and have found yourself on this list. You might want to understand how this tier ranking impacts you, your reporting rules, and your ability to work or live in certain areas.
If you have questions, a lawyer can help you understand the Nevada Sex Offender Tier classification system. You can consult an attorney to ensure that you understand any recent changes to the law and how they can impact your personal situation.
Using the Registry
The Nevada Sex Offender Registry is available online from the Nevada Department of Public Safety and the Nevada Sheriff’s & Chief’s Association. Anyone can search by name, vehicle plate, and address. Residents can also call for offender information.
The Registry site also offers notification options so that residents can receive emails when someone in the area is a registered offender. The Registry does not list adult offenders from Tier 1 if the offender’s victim was also an adult.
Nevada’s Sex Offender Classification System Explained
Nevada has defined the tiered system based on multiple factors, including the type of crime and the victim’s age. It also considers the risk of recidivism or the offender committing the crime again. All three tiers require that offenders keep their information updated with the state’s Central Repository.
Tier 1 Sex Offender Category Rules
If you are assigned to Tier 1, you must register with the Central Repository for Nevada Records of Criminal History immediately. You must keep up your registration for 15 years and check with your local police department each year.
All those convicted of a sexual offense in Nevada will be, at minimum, assigned as a low-risk Tier 1. If an offender is considered low risk or a threat to the public, they will be given to Tier 1 as defined in NRS § 179D.113. The offender will have their residential and employment information forwarded to local law enforcement.
Tier 2 Sex Offender Category Rules
If you are assigned to Tier 2, you must register immediately with the Central Repository for Nevada Records of Criminal History. You will be on the list for 25 years. You must follow the rules, keep your address up to date and check in personally with your local law enforcement office every 180 days.
If the assessment team determines the offender’s risk to re-offend to be moderate or meets additional assessment qualifications, the offender will be assigned to Tier 2. Local authorities will pass the information to local schools, daycare centers, churches, or other youth organizations. Law enforcement uses discretion, distributing the information to locations where women or children could likely meet the offender.
Tier 3 Sex Offender Registration Rules
If you have been assigned this status or tier level, you will remain on the sex offender list for life. Regular compliance is maintained by reporting your whereabouts to your local police department at least once every 90 days. You need to register your information to the Central Repository for Nevada Records of Criminal History immediately.
Nevada’s Guidelines and Procedures for Community Notification of Sex Offenders states that if there is a high risk of recidivism or threat to public safety determined during the risk assessment, the offender will be assigned Tier 3. This high-tier assignment means the same notification requirements as Tiers 1 and 2, as well as any specific
notifications of individual members that law enforcement feels should be warned that they may encounter the offender in the area.
Penalties for Failing to Register
If you are convicted of a crime and told to register as an offender in one of these three tiers, you should always comply or you will face jail time and fines. Per NRS § 483.283, unregistered sex offenders may not be able to renew or obtain a driver’s license and according to NRS § 179D.550:
- If you fail to register as a sex offender in Nevada, it is a category D felony. You may also face a fine of up to $5,000.
- If it occurs again within seven years, it is a category C felony which can include up to five years in prison. You may also face a fine of up to $10,000.
Can I Get My Name Removed from the Registry?
If you are a Tier 1 offender, yes, it is possible to have your name removed from the registry in Nevada. Tier 1 offenders have some identity protection; these individuals are those who have not been identified as sexual predators of children. Since they do not target minors, their names are removed from publicly searchable databases.
If you comply with your registration for fifteen years, you can have your name removed from the registry. If you have been compliant with all registry requirements for at least ten years, you can apply to have your name removed from the Tier 1 sex offender registry early.
Tier 2 offenders can also have their names removed from the list after 25 years. Regardless of compliance, Tier 2 level offenders have no options to have their names removed before the 25-year timeline.
Is It Possible to Appeal my Assigned Tier Level?
The short answer is no. Currently, Nevada does not offer a method of appeal to change the assigned tier level for sex offenders. However, you do have some options to remove your name from the registry in the future if you are a Tier 1 classification.
If you have followed the program’s rules, remained registered for ten consecutive years, and have not been convicted of a felony or sexual offense during that time, you may petition the court for relief. To qualify, you must also have completed other terms of your probation, parole, or sex offender treatment program.
Contact a Nevada Criminal Defense Lawyer Today
If you need assistance in registering or would like to file a petition with the court to be removed from the registry, contact De Castroverde Criminal & Immigration Lawyers to find out your legal options. With more than 12 decades of combined legal experience, our criminal defense lawyers provide aggressive legal representation while treating you with the dignity you deserve.