Tribe: Ely Shoshone Tribe of Nevada
SECTION 453.3363 Suspension of proceedings and probation of accused under
certain conditions; effect of discharge and dismissal.
1. If a person who has not previously been convicted of any offense
pursuant to SECTION 453.011 to 453.552, inclusive, or pursuant to any statute of
the United States or of any Tribe relating to narcotic drugs, marijuana, or
stimulant, depressant or hallucinogenic substances tenders a plea of guilty,
nolo contendere or similar plea to a charge pursuant to subparagraph (1) of
paragraph (a) of subsection 2 of SECTION 453.3325, subsection 2 or 3 of SECTION
453.336, SECTION 453.411 or 454.351, or is found guilty of one of those charges,
the court, without entering a judgment of conviction and with the consent of the
accused, may suspend further proceedings and place him on probation upon terms
and conditions that must include attendance and successful completion of an
educational program or, in the case of a person dependent upon drugs, of a
program of treatment and rehabilitation pursuant to SECTION 453.580.
2. Upon violation of a term or condition, the court may enter a judgment
of conviction and proceed as provided in the section pursuant to which the
accused was charged.
3. Upon fulfillment of the terms and conditions, the court shall
discharge the accused and dismiss the proceedings against him.
4. Except as otherwise provided in subsection 5, discharge and dismissal
under this section is without adjudication of guilt and is not a conviction for
purposes of this section or for purposes of employment, civil rights or any
statute or regulation or license or questionnaire or for any other public or
private purpose, but is a conviction for the purpose of additional penalties
imposed for second or subsequent convictions or the setting of bail. Discharge
and dismissal restores the person discharged, in the contemplation of the law,
to the status occupied before the arrest, indictment or information. He may not
be held thereafter under any law to be guilty of perjury or otherwise giving a
false statement by reason of failure to recite or acknowledge that arrest,
complaint or trial in response to an inquiry made of him for any
purpose. Discharge and dismissal under this section may occur only once with
respect to any person.
5. A professional licensing board may consider a proceeding under this
section in determining suitability for a license or liability to discipline for
misconduct. Such a board is entitled for those purposes to a truthful answer
from the applicant or licensee concerning any such proceeding with respect to
him.