How to Petition the Board of Pardons in Nevada
The Nevada Board of Pardons is comprised of the attorney general, governor and state Supreme Court justices. The board is responsible for reviewing applications sent by those convicted of a felony wishing to have their rights restored. Applicants must submit to the statutory waiting period, depending upon their conviction, fill out the application in its entirety and wait for the board's response. The board considers a variety of factors in deciding whether to pardon an individual including recency of offense, nature of offense, reputation post-release and need for pardon.
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Instructions
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Understand the legal effects of a pardon. Many people wrongly believe a pardon is a full forgiveness of the conviction. This is not the case. A pardon in Nevada is a restoration of rights which have been disabled due to a felony conviction. Most often, this involves the right to keep and bear arms; a right which is stripped upon a felony conviction. Other rights can be disabled as well depending on each individual's particular sentence. A pardon does not dismiss charges, overturn a conviction, restore a reputation, attest to one's rehabilitation or relieve one of the requirement to register as a sex offender. Pardons merely restore constitutional rights taken away as a result of a felony conviction.
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Wait to file the application after the statutory waiting period. For Nevada's most serious category A felonies, applicants must wait 12 years from the date of release from confinement or the lifting of parole (whichever is later) to file an application for pardon. Category B felons must wait 10 years and category C or D felons must wait nine years. Any application receiving probation for a category B, C or D felony must wait eight years from the release from probation. Category E felons must wait six years whether they served probation or imprisonment. For any felon receiving a misdemeanor conviction involving domestic violence, a five-year waiting period is required.
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Fill out the "community case application." The application for a pardon begins with identifying information of the applicant such as his name, address, place of employment, income level, marital status and citizenship information. The applicant must then address why he is seeking restoration of his rights to own a firearm as well as any extraordinary reasons he may be seeking a pardon. The second section of the application requires the applicant to list the date, location and sentence for each of his prior convictions, including misdemeanors and felonies in any U.S. jurisdiction. Section three asks the applicant to list which of the offenses in section two he would like pardoned. A pardon only affects those offenses listed in section three. Unlisted offenses will not be pardoned. The application must be notarized and sent to the executive secretary of the Board of Pardons, located in Carson City, Nev.
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Wait for the board to make its decision. The board considers four general areas when making a decision about a pardon. First, the applicant's post-conviction reputation, character and conduct is considered. The board is looking for an applicant who has maintained a steady job and financial security as well as a positive reputation within the community. Secondly, the board will discuss the recency and seriousness of the applicant's offense. The less serious and recent the offense was, the better chance the applicant will have for a pardon. Third, the board reviews whether the applicant has shown remorse, acceptance and atonement for his crime. Evidence of restitution toward the victim reflects positively upon the applicant. Lastly, the board will review the applicant's need for relief and the purpose for which a pardon is sought.
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Maintain a good reputation and avoid participation in criminal activity. The board explains that even a minor traffic conviction can result in the waiting period restarting again and will negatively affect the applicant's chances of ever receiving a pardon. Avoid any criminal involvement and maintain a stable lifestyle.
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References
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