NRS 213.090 – Summary of Pardons, Restoration of Civil Rights, and Specific Limitations
A person may receive a full pardon without any conditions or limitations. This can enable the pardoned individual to have their rights restored, including the right to bear arms.
Overview of the Authority Vested with the State Board of Pardons Commissioners
According to NRS 213.090, the board consists of the Governor, Attorney General and the judges of the Supreme Court. The State Board of Pardons Commissioners meet semi-annually or more times as planned by the team. They hold meetings to consider applications for pardon or clemency. Once an application is passed for pardon review, the board then decides to give notice to victims of the crimes committed by the applicants. The board gives 15 days’ notice to the victims to allow them to prepare sufficiently.
Application for Pardon or Restoration of Civil Rights
According to NRS 213.090:
A person intending to apply for pardon or restoration of their civil rights must submit a formal application to the State Board of Pardons Commissioners. Applications are also submitted to have a punishment lifted or a fine settled. Applications details differ depending on the specific intention of application. For the application of fine settlement, one is required to provide details of the issuing court as well as the amount ordered. Applicants in this stage may be required to submit or pay a fee to accompany their application.
Persons seeking to have restoration of their citizenship after the end of an imprisonment term are however not expected to apply to the board. The commutation of a death penalty also requires no formal application.
Pardon and restoration of civil rights
A person may receive pardon and restoration of civil rights if:
As per the revised Nevada statutes, a person has applied for state pardon may receive an absolute pardon. When a person is granted the pardon by the board, they are issued with an official document that confirms that they have received a pardon. If the pardon issued is absolute, the document issued must visibly show that the person regains their right to bear arms. Unless the official pardon document issued limits the restoration of an applicant’s civil rights, pardon issued is considered as a full pardon.
In the case where the pardon document clearly restricts restoration of civil rights, as per subsection 3 of the statute, then one is free with limitations of civil rights. This also means that limited pardon does not relieve the applicant of incurred disabilities during conviction.
An applicant who happens to damage, destroy or lose their official pardon documentation may file a request for restoration of his or her civil rights under section NSR 213.090 of the Nevada revised statutes. This application is filed with any court of competent jurisdiction. The court moves to verify that the applicant has received the stated pardon and is thus eligible for their civil rights to be restored. The court then issues an order restoring the person’s civil rights. The person is not required to pay any fee to receive this specific order.
Contact an Aggressive and Knowledgeable Las Vegas Criminal Defence Attorney Today
If you or a loved one has questions related to eligibility for a pardon, contact our Las Vegas criminal defense law firm to schedule a free, confidential case review. Our legal team is here to help and possesses an extensive amount of knowledge in the field of criminal law.
Pardons, Remissions of Fines and Commutations of Punishments