Will a domestic violence charge still appear on my criminal record?
11/09/2007 - Criminal - State: TX #11971
Full Question:
I was arrested in Jan. 2007 on a domestic violence charge in North Las Vegas, NV, to which I plead guilty. The judge gave me community sevice, fines, and domestic violence classes. He told me that once the sentence was complete my charge would be ammended to disturbing the peace. I am now done with the completed all requirements of my sentence. What exactly does that mean? Will the DV charge still come up if prospective employer runs my criminal record? Or will it come up as disturbung the peace? Also, what class misdemeanor is disturbing the peace.
Answer:
The following are Nevada statutes:
NRS 203.010 Breach of peace.
Every person who shall maliciously and willfully disturb the peace or quiet of any neighborhood or person or family by loud or unusual noises, or by tumultuous and offensive conduct, threatening, traducing, quarreling, challenging to fight, or fighting, shall be guilty of a misdemeanor.
NRS 193.120 Classification of crimes.
1. A crime is an act or omission forbidden by law and punishable upon conviction by death, imprisonment, fine or other penal discipline.
2. Every crime which may be punished by death or by imprisonment in the state prison is a felony.
3. Every crime punishable by a fine of not more than $1,000, or by imprisonment in a county jail for not more than 6 months, is a misdemeanor.
4. Every other crime is a gross misdemeanor.
NRS 193.150 Punishment of misdemeanors.
1. Every person convicted of a misdemeanor shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, unless the statute in force at the time of commission of such misdemeanor prescribed a different penalty.
2. In lieu of all or a part of the punishment which may be imposed pursuant to subsection 1, the convicted person may be sentenced to perform a fixed period of community service pursuant to the conditions prescribed in NRS 176.087.
NRS 176.087 Imposition of community service as punishment or condition of probation.
1. Except where the imposition of a specific criminal penalty is mandatory, a court may order a convicted person to perform supervised community service:
(a) In lieu of all or a part of any fine or imprisonment that may be imposed for the commission of a misdemeanor; or
(b) As a condition of probation granted for another offense.
2. The community service must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents.
3. The court may require the convicted person to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which he performs the community service, unless, in the case of industrial insurance, it is provided by the authority for which he performs the community service.
4. The following conditions apply to any such community service imposed by the court:
(a) The court must fix the period of community service that is imposed as punishment or a condition of probation and distribute the period over weekends or over other appropriate times that will allow the convicted person to continue at his employment and to care for his family. The period of community service fixed by the court must not exceed, for a:
(1) Misdemeanor, 200 hours;
(2) Gross misdemeanor, 600 hours; or
(3) Felony, 1,000 hours.
(b) A supervising authority listed in subsection 2 must agree to accept the convicted person for community service before the court may require him to perform community service for that supervising authority. The supervising authority must be located in or be the town or city of the convicted person's residence or, if that placement is not possible, one located within the jurisdiction of the court or, if that placement is not possible, the authority may be located outside the jurisdiction of the court.
(c) Community service that a court requires pursuant to this section must be supervised by an official of the supervising authority or by a person designated by the authority.
(d) The court may require the supervising authority to report periodically to the court or to a probation officer the convicted person's performance in carrying out the punishment or condition of probation.
NRS 193.170 Prohibited act is misdemeanor when no penalty imposed.
Whenever the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, the committing of such act shall be a misdemeanor.
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11/09/2007 - Category: Criminal - State: TX #11971
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