Nev. Rev. Stat. » NRS: CHAPTER 213 - PARDONS AND PAROLES; REMISSIONS OF FINES AND COMMUTATIONS OF PUNISHMENTS

Nev. Rev. Stat. § 213.090

Pardon: Restoration of civil rights; relieved of disabilities; limitations

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NRS 213.090  Pardon: Restoration of civil rights; relieved of disabilities; limitations.

      1.  A person who is granted a full, unconditional pardon by the Board is restored to all civil rights, including, without limitation, the right to bear arms, and is relieved of all disabilities incurred upon conviction.

      2.  A pardon granted by the Board shall be deemed to be a full, unconditional pardon unless the official document issued pursuant to subsection 3 explicitly limits the restoration of the civil rights of the person or does not relieve the person of all disabilities incurred upon conviction.

      3.  Upon being granted a pardon by the Board, a person so pardoned must be given an official document which provides that the person has been granted a pardon. If the person is restored to the right to bear arms, the official document must explicitly state that the person is restored to the right to bear arms. If the person has not been granted a full, unconditional pardon, the official document must explicitly state all limitations on the restoration of the civil rights of the person and all disabilities incurred upon conviction from which the person is not relieved.

      4.  A person who has been granted a pardon in this State or elsewhere and whose official documentation of his or her pardon is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has been granted a pardon and is eligible to be restored to his or her civil rights, the court shall issue an order restoring the person to his or her civil rights. A person must not be required to pay a fee to receive such an order.

      5.  A person who has been granted a pardon in this State or elsewhere may present:

      (a) Official documentation of his or her pardon; or

      (b) A court order restoring his or her civil rights,

Ê as proof that the person has been restored to his or her civil rights.

      [Part 5:149:1933; 1931 NCL § 11573]—(NRS A 1973, 1845; 1977, 665; 2001, 1696; 2003, 2692; 2005, 2907; 2011, 24)

     

Notes of Decisions
Cited in 7 cases, 1978–2019 · leading case: Pohlabel v. State
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Pohlabel v. State (2012) nev · cites it 2× “Although the current version of this statute refers to the restoration of a convicted person’s “civil rights,” including, specifically, the right to bear arms, see NRS 213.090, the reference to “restoration to citizenship” survives in its companion, NRS 213.”
Creps v. State (1978) nev · cites it 2× “Moreover, to the extent that Creps is also subject during his term of incarceration to the executive commutation power under NRS 213.090, such overlapping commutation powers are clearly contemplated under the sentencing scheme set forth in Chapters 176 and 213 of the Nevada…”
In Re Shin (2009) nev · cites it 2× “In furtherance of this constitutional provision, NRS 213.090 states that "[a] person who is granted a full, unconditional pardon by the Board is restored to all civil rights and is relieved of all disabilities incurred upon conviction.”
Sang Man Shin v. State (2009) nev · cites it 2× “In furtherance of this constitutional provision, NRS 213.090 states that “[a] person who is granted a full, unconditional pardon by the Board is restored to all civil rights and is relieved of all disabilities incurred upon conviction.”
Powell (Richard) v. State (2019) nev “3d 91, 92-98 (2009); NRS 213.090, whereas commutation is "the changing of one sentence to another," Colwell v.”
Powell (Richard) v. State (2019) nev “3d 91, 92-98 (2009); NRS 213.090, whereas commutation is "the changing of one sentence to another," Colwell v.”
Sheriff v. Becker (1984) nev “See NRS 213.090. Accordingly, we hereby reverse the order granting the petition for writ of habeas corpus.”
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