NRS 213.010 – Overview of the Hierarchy within the State Board of Pardons Commissioners

If you or a family member was convicted of a crime in Nevada, it may be possible to seek a pardon of that past offense. If you were to successfully apply and receive a pardon, it would remove “all disabilities resulting from conviction thereof” including restoration of your right to bear arms in Nevada. The governmental entity tasked with reviewing pardon applications in Nevada is the State Board of Pardons Commissioners.

Who are the Members of State Board of Pardons Commissioners (SBPC)?

According to NRS 213.010, the SBPC is comprised of the Governor, the Attorney General, and the Justices of the Nevada Supreme Court. The Justices of the Nevada Supreme Court consist of seven members. The Board is responsible for analyzing pardon applications and making a determination on who should be granted a pardon.

What Occurs During SBPC Meetings

According to NRS 213,010, the meeting held by the Board happens to consider the applications sent by convicts looking for clemency. The meeting is held semiannually or may happen more often depending on the scheduled agenda. The Board decides when to schedule the dates of the meeting. The state statute requires the Board to meet two times per year while the ballot measures require meeting four times per year. Depending on the outcome of the meeting discussing offender’s application, the majority of members must vote in favor for pardon grant to go through. Furthermore, the governor is required by law to be among the majority who votes in favor of an offender.

What does “Notice of Meetings to Victim” mean under Nevada Law?

According to NRS 213,010, the Board provides victims with a written notice 15 days prior to the meeting. The meeting happens when an application by an offender is about to be considered for clemency and therefore victims of crimes committed are notified. Here is the specific statute:

  1. Except as otherwise provided in a policy adopted pursuant to NRS 213.035, the Board shall give written notice at least 15 days before a meeting to each victim of the crimes committed by each person whose application for clemency will be considered at the meeting, if the victim so requests in writing and provides his or her current address. If a current address is not provided, the Board may not be held responsible if the notice is not received by the victim. The victim may submit a written response to the Board at any time before the meeting. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Board pursuant to this subsection is confidential.

For you to understand better those considered to be victims, it includes. Pursuant to NRS 213.005

  1. Victim includes:

(a ) A person, including a governmental entity, against whom a crime has been committed;

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(b) A person who has been injured or killed as a direct result of the commission of a crime; or

(c) A relative of a person described in paragraph (a) or (b). For the purposes of this paragraph, a relative of a person includes:

(1) A spouse, parent, grandparent or stepparent;

(2) A natural-born child, stepchild or adopted child;

(3) A grandchild, brother, sister, half-brother or half-sister; or

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(4) A parent of a spouse.

What Happens When You Submit Pardon Application under Nevada Law?

According to NRS 213.020, you have to follow the right procedures when submitting clemency application and then the Board is going to schedule a meeting. Every applicant is considered on a case-by-case basis. If you demonstrate a good conduct from the time your case was closed, you stand a high chance to be considered. In some cases, the Board may show an exception if the applicant can demonstrate extraordinary circumstance that mitigates disqualifying measures. When you apply, the Board secretary establishes and facilitates the process, depending on your application’s focus, Pursuant to NRS 213.017. You can check the original statute below:

  1. The Secretary shall perform such duties as are required by the Board, including, but not limited to:

(a) Preparing the agenda for meetings of the Board;

(b) Providing notification to victims on behalf of the Board and the State Board of Parole Commissioners; and

(c) Establishing and facilitating the procedures by which a person may apply to have a fine or forfeiture remitted, a punishment commuted, a pardon granted or his or her civil rights restored by the Board.

Need Help Applying for a Pardon in Nevada? Contact an Attorney

The process of applying for a pardon can be difficult and overwhelming. That is why it makes sense to speak to an attorney about the process and get their guidance. Contact our law firm for a free, confidential consultation. In addition to pursuing a pardon, you may also be eligible to have your past criminal record sealed. Contact us to learn more.