Nevada Administrative Code
Chapter 213 - Pardons, Paroles and Probation; Remissions of Fines and Commutations of Punishments
PARDONS, REMISSIONS OF FINES, COMMUTATIONS OF PUNISHMENTS
Applications
Section 213.077 - Restoration of civil rights without Board meeting

Universal Citation: NV Admin Code 213.077

Current through December 31, 2024

1. If a person has applied for a pardon for the sole purpose of restoring his or her civil rights, the Board may grant the pardon and restore, in whole or in part, the civil rights of the applicant without a meeting if the following conditions are satisfied:

(a) The offense for which the pardon is sought:
(1) Did not result in physical injury to a victim;

(2) Did not involve the use or threatened use of force or violence; and

(3) Was not a sexual offense.

(b) The applicant has never been convicted of:
(1) An offense that resulted in physical injury to a victim;

(2) An offense involving the use or threatened use of force or violence; or

(3) A sexual offense.

(c) There is no objection from the court in which the judgment was rendered.

(d) There is no objection from the district attorney of the county in which the applicant was convicted.

(e) The Board has not received a written request for notice concerning a meeting to consider an application for clemency from a victim of a crime committed by the applicant or, during the course of an investigation of the applicant, a victim of a crime committed by the applicant has not objected to the granting of a pardon to the applicant.

2. The Secretary shall identify applications that may meet the criteria set forth in subsection 1 before requesting the investigation required by NAC 213.073. If the Secretary determines that an application meets the criteria set forth in subsection 1, the Secretary shall submit to the Division a notice of the intent to act on the application without a meeting of the Board. During the investigation, the Division shall provide notice of the intent to act on the application without a meeting of the Board to the court in which the applicant was convicted and to the district attorney of the county in which the applicant was convicted.

3. If the court in which the applicant was convicted and the district attorney of the county in which the applicant was convicted do not object to the Board taking action on the application without a meeting, the Secretary shall provide to the members of the Board the application, the results of the investigation required by NAC 213.073 and any other material deemed relevant by the Secretary.

4. Within 30 days after receiving the information described in subsection 3, the Governor and Attorney General shall determine whether to grant the pardon and restore, in whole or in part, the civil rights of the applicant. Within 45 days after receiving the information described in subsection 3, the Justices of the Supreme Court shall determine whether to grant the pardon and restore, in whole or in part, the civil rights of the applicant.

5. If a majority of the members of the Board, with the Governor being in the majority, agree to grant the pardon and restore, in whole or in part, the civil rights of the applicant, the Secretary shall prepare the documents described in NAC 213.205 to reflect the action taken by the Board.

6. As used in this section, "sexual offense" has the meaning ascribed to it in NRS 179D.097.

Added to NAC by Bd. of Pardons Comm'rs by R085-09, eff. 8-13-2010

NRS 213.017, 213.035, 233B.040, 233B.050

Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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