When can juveniles be tried as adults in Nevada?

Nevada juveniles can be tried as adults either through court-ordered certification or because state law places their case directly in adult criminal court.

Most offenses committed before age 18 fall within juvenile court jurisdiction. Whether adult prosecution is allowed depends on the child’s age when the alleged offense occurred, the charge, and certain other circumstances.

When Criminal Court Has Automatic Jurisdiction

• A new offense after a prior adult criminal conviction.
• Murder or attempted murder committed at age 16 or 17.
• Certain delayed category A or B felony committed at age 16 or 17.
• Certain school-related felonies causing death or substantial bodily harm.

Charges that May Result in Juvenile Being Certified as an Adult

• Murder or attempted murder committed at ages 13 to 15.
• Felonies committed at ages 14 to 17.¹

For a juvenile to be certified and tried as an adult, the district attorney must file a motion requesting adult prosecution. The juvenile judge then decides whether certification serves public safety and the public interest.

Here at Las Vegas Defense Group – Criminal & DUI Attorneys, we have represented many young people facing adult certification. In our experience, the strongest defense starts with examining whether the prosecution can support the charge and legally seek adult prosecution at all.

We also work to present treatment records, school history, psychological evaluations, and a practical rehabilitation plan when those factors can help keep the case in juvenile court. Our goal is to fight the transfer early and protect your child from the lasting consequences of an adult conviction.

In this article, our Las Vegas juvenile crimes attorneys address how certification works and how we may challenge it:

• 1. Certification Process
• 2. Criminal Court Jurisdiction
• 3. Multiple Charges
• 4. Reversing Certification
• 5. Penalties
• 6. Record Seals
• 7. Juvenile vs. Criminal Courts
• Frequently Asked Questions
• Additional Resources

1. Certification Process

“Discretionary certification” is when a juvenile judge in Nevada chooses whether to transfer an eligible child’s case to adult criminal court. Children are eligible for discretionary certification in two circumstances:

1. the child is 13 to 15 and accused of murder or attempted murder, or
2. the child is at least 14 and accused of conduct that would be a felony if committed by an adult.

For a child to be transferred to adult court through discretionary certification, the district attorney first files a motion asking the juvenile court to transfer the child’s case to criminal court.

After a full investigation, the juvenile court holds a hearing and decides whether adult prosecution would better serve public safety and the public interest. The state must first show “prosecutive merit,” meaning probable cause to believe the child committed the charged offense.²

Nevada courts apply a three-part framework when deciding whether to certify an eligible child:

1. The nature and seriousness of the charged offense.
2. The seriousness and persistence of previously admitted or adjudicated offenses. This is more specific than simply looking at every prior arrest or accusation.
3. Personal factors, including the child’s age, maturity, character, personality, and family relationships.

The first two categories receive primary consideration. Either can independently support certification. In close cases, when those factors do not compel certification, the court may consider personal circumstances and evidence supporting rehabilitation in the juvenile system. In re D.T. (2017) explains this framework.

Nevada previously had presumptive certification rules for certain sexual assault and firearm cases. Those provisions were declared unconstitutional and were later removed from NRS 62B.390. These allegations may still support a request for discretionary certification, but they do not automatically require certification under the current statute.

In our experience, it is important to challenge both the evidence supporting the current charge and how the prosecution describes the child’s history. A prior accusation is not the same as an admitted or adjudicated offense, and a serious allegation does not eliminate the need to examine the state’s proof.

2. Criminal Court Jurisdiction

NRS 62B.330 excludes four categories of cases from juvenile court jurisdiction in Nevada. These cases proceed in criminal court without discretionary certification:

1. A new offense after a prior adult criminal conviction. The conviction must have occurred before the new alleged offense. A juvenile delinquency adjudication is not an adult criminal conviction.
2. Murder or attempted murder committed at age 16 or 17. Related offenses arising from the same facts are also excluded from juvenile jurisdiction.
3. Certain delayed category A or B felony cases. The offense must have occurred when the person was 16 or 17. The exclusion applies when the person was not identified by law enforcement as having committed the offense and charged before reaching at least 20 years, 3 months of age but less than 21, or was not identified as having committed the offense until age 21 or later. Related offenses arising from the same facts are included.
4. Certain school-related felonies causing death or substantial bodily harm. The specific location and intent requirements below must be met. Related offenses arising from the same facts are included.

Which school-related offenses go directly to adult court?

The Nevada felony must cause death or substantial bodily harm and occur at one of these locations:

• On public or private school property when pupils or employees are present or may be present;
• At an activity sponsored by a public or private school; or
• On a school bus while it is performing its official duties.

In addition, the person must have intended to create a great risk of death or substantial bodily harm to more than one person using a weapon, device, or course of action normally hazardous to multiple lives. A felony on school grounds does not qualify merely because of its location.

What if the person is already 21 when the case is pursued?

NRS 62B.335 creates a separate hearing procedure for certain offenses committed during childhood. It covers specified Nevada cases involving:

• Category A or B felonies committed at ages 16 or 17, when a petition was filed and a writ of attachment issued before age 21 but the writ was not served before that birthday;
• Offenses committed at ages 14 or 15 where a category A or B felony involving the use or threatened use of a deadly weapon was charged and a writ issued before age 21 but not served before that birthday, or where the person was not identified by law enforcement as having committed the delinquent act before age 21; and
• Murder or attempted murder committed at age 13 or older, subject to NRS 62B.330, when the specified petition and unserved writ requirements apply or the person was not identified before age 21.

The juvenile court first determines whether probable cause exists. If not, it must dismiss the charges and discharge the person.

If probable cause exists, the court decides, based on clear and convincing evidence and considering the interests of justice and public protection, whether to dismiss the charges or transfer the case for adult criminal proceedings. Relevant considerations include the person’s conduct since the alleged offense, treatment history, reasons for delay, and the effect of time on witnesses and evidence.³

We examine the child’s age, the charging timeline, and the exact statutory requirements before accepting a prosecutor’s claim that adult court is required. These details can determine whether there is an opportunity to challenge adult prosecution.

3. Multiple Charges

If one of a child’s charges is certified for adult prosecution in Nevada, any related offense arising from the same facts must transfer as well. An unrelated charge does not transfer merely because another case or charge was certified.

Example: Seventeen-year-old Alex is charged with felony burglary and misdemeanor property damage after allegedly breaking a store window and entering to steal merchandise. If the juvenile judge certifies the burglary charge for adult prosecution, the related property-damage charge must transfer too because it arises from the same facts. An unrelated misdemeanor from a separate incident does not transfer simply because the burglary was certified.

4. Reversing Certification

After a discretionary certification in Nevada, the child may petition the adult criminal court to send the case back, but only by showing “exceptional circumstances.” The statute does not define that term or guarantee a reverse transfer merely because the juvenile system may offer better treatment.⁴

This is a two-step process. First, the adult court decides whether exceptional circumstances justify transferring the case back. If it orders a transfer, the juvenile court then decides whether those circumstances warrant accepting jurisdiction. Because this remedy is narrow, it is usually better to present the strongest rehabilitation and mitigation evidence at the original certification hearing.

This reverse-transfer procedure does not apply to offenses excluded from juvenile court jurisdiction under NRS 62B.330. NRS 62B.370 also prohibits transfer back to juvenile court for the “delayed felony” cases transferred under NRS 62B.335.

5. Penalties

6. Record Seals

In Nevada, most juvenile court records must be sealed automatically within 60 days after the child turns 18. If juvenile court or agency jurisdiction continues at age 18, the records generally must be sealed within 60 days after that jurisdiction ends.

For certain sexual offenses and felonies involving the use or threatened use of force or violence, NRS 62H.150 imposes special restrictions. Eligible records may sometimes be sealed before age 21 under NRS 62H.130. If they are not, the records generally cannot be sealed before age 30. After age 30, the person must petition for sealing, and the court must make the required findings; sealing is not automatic.

In contrast, an adult criminal conviction is not sealed automatically. Nevada’s waiting period generally ranges from one to 10 years after the person is released from custody or discharged from probation or parole, depending on the offense, and some convictions can never be sealed. An adult conviction can affect employment, housing, professional licensing, immigration status, and firearm rights.⁶

This criminal record issue is one of the primary reasons we work so hard to keep cases in juvenile court: Our goal is not just to receive leniency in penalties, but also to minimize any long-term consequences.

7. Juvenile vs. Criminal Courts

Juvenile court and criminal court use different words to mean similar things, so it is easy to get confused. The following chart outlines the key terms in juvenile court and their equivalent in criminal court in Nevada.

Juvenile Court Term	Criminal Court Term
Delinquent act	Criminal act
Contested hearing	Trial
Admit or deny a charge	Plead guilty or not guilty to a charge
Adjudicated delinquent	Found guilty (convicted)
Disposition	Sentence

Juvenile court and criminal court provide defendants with many of the same rights, such as the right to an attorney (counsel). However, there are no jury trials in juvenile court – only bench trials: The juvenile court judge determines whether the child is delinquent and how to punish them.

In addition, Nevada has a Juvenile Justice Bill of Rights that provides children placed in detention facilities with protections including:

1. Fair and equal access to services, care, and treatment.
2. Respect and dignity with no intentional humiliation.
3. Appropriate and state-standardized education while in custody.
4. Sufficient and healthy food.
5. Basic necessities, including clothing, shelter, and hygiene products.
6. Medical care, including behavioral health care.⁷

Frequently Asked Questions

What happens to my child’s juvenile record when they turn 18?

Most juvenile records in Nevada must be sealed automatically within 60 days after your child turns 18. If juvenile jurisdiction is still active at that time, sealing generally occurs within 60 days after jurisdiction ends.

Certain sexual offense and violent felony records may qualify for sealing before age 21 under NRS 62H.130. If they are not sealed through that procedure, an age-30 restriction generally applies.

Sealing after age 30 requires a petition and qualifying court findings; it is not automatic. An adult conviction is not sealed automatically, and the waiting period depends on the offense.

What rights does my child have in juvenile detention?

Under Nevada’s Juvenile Justice Bill of Rights, detained juveniles have rights to fair access to services, respectful treatment, standardized education, sufficient food, necessities, and medical care, including:

• mental health services and
• protection from intentional humiliation.

Do juvenile offenders have the right to a jury trial in Nevada?

No. In the Nevada juvenile justice system, there are no jury trials.

A juvenile court judge oversees the case in what is called a “contested hearing” (a bench trial). The judge alone determines whether the child committed the delinquent act and what the appropriate disposition (punishment) will be.

If your child is prosecuted for a felony in adult criminal court, they have the right to a jury trial. This does not mean the jurors will be children or teenagers.

What are the collateral consequences of being convicted as an adult instead of a juvenile?

In addition to possible jail, prison, and fines, a juvenile convicted in adult court receives a public criminal record. Depending on the offense and the person’s circumstances, that record can affect employment, housing, professional licenses, immigration status, firearm rights, and eligibility for certain programs.

Some adult convictions cannot be sealed, while others require a waiting period and a petition. These consequences are an important reason to fight certification early.

How does the primary goal of juvenile court differ from adult criminal court?

The fundamental goal of Nevada’s juvenile court is rehabilitation. The system acknowledges that minors are still developing and focuses on getting them the support they need to turn their lives around through counseling, community service, and education.

Adult criminal court places greater emphasis on punishment and deterrence, and a conviction can result in county jail or state prison. Even so, when sentencing someone for an offense committed before age 18, the judge must consider the diminished culpability and typical characteristics of youth.

Can a child under 13 ever be tried as an adult in Nevada?

Generally, a child must have been at least 13 to be certified for murder or attempted murder and at least 14 to be certified for another felony. However, Nevada separately excludes a few cases from juvenile court jurisdiction without stating age 13 as an absolute minimum. One example is a qualifying school-related felony intended to create a great risk of death or substantial bodily harm to more than one person.

Therefore, a child under 13 cannot ordinarily be certified under NRS 62B.390, but it is too broad to say that adult prosecution is legally impossible in every case.

Can a juvenile case be resolved with a plea agreement in Nevada?

Yes. Just like in the adult criminal justice system, your defense attorney can negotiate with the prosecutor (the District Attorney) to reach a plea agreement before a contested hearing (a bench trial) takes place.

If an agreement is reached, the child would “admit” to the charges (or lesser charges) in exchange for agreed upon terms, allowing them to avoid the risk of a bench trial and potentially keeping the case from being transferred to adult court.

Will an adult criminal conviction affect my child’s future?

Potentially. An adult conviction creates a public criminal record and may affect employment, housing, professional licensing, immigration status, firearm rights, and eligibility for certain opportunities. The precise consequences depend on the offense and the person’s circumstances.

A conviction does not automatically prevent someone from receiving an ordinary car loan, mortgage, or federal student aid. Still, the broader employment and housing effects of a public record can create financial difficulties.

Additional Resources

For additional information on juvenile justice laws, refer to the following:

• Clark County Juvenile Detention Center – Our information page about Las Vegas Juvie Hall.
• Eighth Judicial District Court Juvenile Court – Official page of the Juvenile Court in Clark County (including Las Vegas).
• Nevada Juvenile Justice Services – Serves youths committed for delinquent behavior or mental illness.
• Nevada Child Welfare Services – Assesses the needs of children and their families. Helps provide shelter, foster care, and counseling.
• Trying Juveniles as Adults: An Analysis of State Transfer Laws and Reporting – Article by the Office of Juvenile Justice and Delinquency Prevention (OJJDP).