Pardons restore your civil rights and gun rights if you have been convicted of crimes in Nevada. Pardons do not seal past convictions, but they do “forgive” and may help your future job prospects.
There is a 5-step process to apply for a pardon:
- Determine your eligibility. “Significant time” must have passed since the conviction took place.
- Download and complete the application. Include letters of recommendation. And specify whether you want gun rights restored.
- Get notarized the waiver and release form.
- Submit the pardon application and wait for instructions.
- Appear for the pardon hearing (if necessary).
The Nevada Pardons Board decides which you get pardoned. The Board is more likely to grant pardons when:
- several years have passed since the criminal case closed;
- the past crime was not very serious;
- you have taken responsibility and show remorse; and
- you are a positive influence in the community
Pardons are the only way to restore firearms rights in Nevada. Also, a pardon may keep a non-citizen from getting deported.
In this article, our Las Vegas criminal defense attorneys answer 25 frequently asked questions about pardons in Nevada, including what they can do and how to apply for one. Click on a topic to jump to that section:
- 1. What is a pardon in Nevada?
- 2. Why should I try to get one?
- 3. Can a pardon restore my gun rights in Nevada?
- 4. Am I eligible for a Nevada pardon?
- 5. When can I apply?
- 6. Can all Nevada crimes be pardoned?
- 7. What are the chances I will get a Nevada pardon?
- 8. Are all Nevada pardons the same?
- 9. Can Nevada grant pardons for out-of-state or federal convictions?
- 10. Can I get a Nevada pardon if I am on parole?
- 11. How often does the Nevada Pardons Board meet?
- 12. How do I apply for a Nevada pardon?
- 13. How much does it cost?
- 14. What happens after I submit the application?
- 15. Will I need a hearing?
- 16. How many pardons get granted?
- 17. What if I cannot remember my criminal history?
- 18. Can I reapply after getting rejected?
- 19. Are pardons necessary to get civil rights restored?
- 20. Can a Nevada pardon get me off the Sex Registry?
- 21. Do all states recognize Nevada pardons?
- 22. What if I lose my documents?
- 23. Can I still be deported?
- 24. Can I still be deported?
- 25. Are pardons like seals?
1. What is a pardon in Nevada?
A pardon is a government-issued “forgiveness” of your past crime(s) in Nevada.
Pardons do not erase convictions from your record (only a record seal can do that). However, they can restore your civil rights, including gun rights, that had been suspended due to the conviction.
In short, pardons “forgive but do not forget.”
The Nevada Board of Pardon Commissioners hears and decides all pardon matters. The Board comprises the Nevada Governor, the Nevada Supreme Court justices, and the Nevada Attorney General.1
(Scroll down to section 2.3 to learn how you may get your civil rights automatically restored without a pardon.)
Note that a pardon is very different from getting a sentence commuted (lessened). Learn more in our article on how to get a sentence commuted under NRS 213.020.
2. Why should I try to get one?
There are many benefits of having past criminal conviction(s) pardoned in Nevada:
Better employment prospects
Prospective employers are more likely to overlook your past conviction(s) if you have been pardoned. You may send a copy of your pardon letter with your job applications.
Unless otherwise specified, pardons remove all legal disabilities resulting from the criminal conviction. Note that licensing boards can still disqualify you for bad moral character related to a conviction even if you get pardoned for that conviction.
Possible restoration of gun rights
Pardons are the only way for you to get your firearm rights restored if you have been convicted of a felony or battery domestic violence.
Possible restoration of civil rights
Unless otherwise specified, pardons immediately restore your right to serve on a jury in a civil case. Pardons also restore the rights to:
- hold office after four (4) years, and
- serve on a jury in a criminal case after six (6) years.
However, a pardon will not restore any of these rights if you have previously been convicted in Nevada of either:
- a category A felony; and/or
- a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim; and/or
- two or more felonies unless they all arose out of the same act, transaction or occurrence.
In those three cases, the only way you may try to get your civil rights reinstated is by petitioning the court that convicted you.
Note that pardons do not remove any legal disabilities resulting from convictions not named in the pardon. Also, note that pardons do not relieve you from the requirements to register as a sex offender.
Finally, pardons do not seal, expunge, or overturn past convictions.
Pardoned offenses cannot be used for impeachment
A pardoned conviction cannot be used to impeach you (attack your credibility) if you ever testify at a later court proceeding.
Lowers chances of deportation
Non-citizens convicted of a deportable offense are less likely to be thrown out of the country if that offense is pardoned.2
3. Can a pardon restore my gun rights in Nevada?
Possibly. Suppose you have been convicted of a felony or battery domestic violence in Nevada. In that case, you are prohibited from owning or possessing a gun unless you get a pardon restoring that right.
If you are applying for a pardon, you have to check the box on the pardon application indicating that you want to get your gun rights back. Otherwise, the Pardon Board will not restore any gun rights.
Note that if you have your gun rights restored under a pardon, federal authorities cannot use the pardoned conviction to prosecute you for “unlawful possession of a firearm” under federal law.
But also note that some states have stricter gun laws than federal law does, and these states may still be able to use past convictions to prosecute you for firearm violations.3
4. Am I eligible for a Nevada pardon?
The Pardon Board considers each applicant on a case-by-case basis. The state typically grants pardons to people who have demonstrated good conduct for a substantial period of time since the criminal case closed.
In general, the Pardons Board will disqualify you if you:
- are still serving your sentence;
- are still on parole;
- are still required to register as a sex offender;
- are under criminal investigation;
- have unresolved criminal charges;
- have a criminal case on appeal; and/or
- are not completely rehabilitated
However, the Pardons Board may make an exception if the application shows “extraordinary circumstances or case factors that mitigate disqualifying criteria.”
Note that the Pardons Board typically rejects pardon applications unless a “significant period of time has passed” since your criminal case was closed. (See the next question for more details.)4
5. When can I apply?
In general, the Pardons Board requires you to wait specified time periods before submitting a pardon application. The waiting period depends on the class of conviction:
| Nevada conviction to be pardoned | Waiting period before submitting Nevada Pardon application |
|---|---|
| misdemeanor battery domestic violence | five (5) years from the date you are released from actual custody or from the date when you are no longer under a suspended sentence, whichever occurs later |
| category E felony | six (6) years from the date of your release from probation, parole or prison confinement |
| category D felony | eight (8) years from the date of your release from probation, OR nine (9) years from the date of your release from parole or prison confinement |
| category C felony | eight (8) years from the date of your release from probation, OR nine (9) years from the date of your release from parole or prison confinement |
| category B felony | eight (8) years from the date of your release from probation, OR ten (10) years from the date of your release from parole or prison confinement |
| category A felony | twelve (12) years from the date of your release from probation, parole or prison confinement |
Note that if you are convicted of a felony or battery domestic violence – and you later get convicted of a misdemeanor – the waiting period to apply for a pardon may not begin until after the misdemeanor case is closed. This rule does not apply to misdemeanor traffic tickets.
Also note that the Pardon Board’s Executive Secretary may with the consent of a board member waive the minimum time requirement. But you should spell out in the pardon application compelling reasons why the Board should overlook the time requirement.5
6. Can all Nevada crimes be pardoned?
The Nevada Pardons Board usually grants pardons only for felonies and domestic violence.6
7. What are the chances I will get a Nevada pardon?
There is no foolproof formula for being granted a pardon in Nevada. The Pardon Board considers each application on a case-by-case basis.
Predictably, you are more likely to get a pardon if your convictions are old and minor.
When deciding whether to grant a pardon, the Pardon Board considers several factors including:
- the time that elapsed since you completed the sentencing requirements;
- whether you fulfilled all sentencing requirements, including fines and costs;
- whether you had positive life changes since the conviction (character, reputation, conduct);
- your criminal history;
- the nature and severity of the crime(s) at issue;
- whether you have shown remorse and take full responsibility;
- how you have adjusted to the community;
- the impact of the crime on the victim, if any; and
- compelling needs for the pardon (such as employment reasons)
It always looks good to the Pardon Board when you have shown stability, improvement and service in your life since the conviction. You should outline all the positive things that have happened to you such as:
- getting a degree,
- holding a job,
- having a family,
- doing community service and charity work, and/or
- avoiding arrests
You should show remorse for your past crimes rather than explain why you committed them or claim to have been falsely convicted. You are encouraged to include letters of recommendation from employers or clergymen attesting to your good character.7
8. Are all Nevada pardons the same?
No. The Nevada Board of Pardons ultimately decides which kind of pardon you may receive.
Some pardons are “full, unconditional pardons.” These restore all your citizenship rights and lift any legal disabilities that resulted from the conviction.
Other Nevada pardons limit which rights are restored and which legal disabilities are suspended.8
9. Can Nevada grant pardons for out-of-state or federal convictions?
No. To apply for an out-of-state pardon, contact that state’s Pardon Commission. To apply for a federal pardon, go to the United States Department of Justice Office of the Pardon Attorney for instructions and applications.
It is recommended you retain counsel to do the application.9
10. Can I get a Nevada pardon if I am on parole?
Generally, no, but there are exceptions. If you have served at least one-half of your parole period – or ten (10) years in the case of a life sentence – you may be considered for a pardon if:
- A Pardons Board member requests your case be placed on the agenda for consideration; and
- You have received a favorable recommendation for a modification of sentence from the Division of Parole and Probation, but the request was denied by the Board of Parole Commissioners; or
- A petition for modification of sentence submitted by the Board of Parole Commissioners was denied by the court.10
11. How often does the Nevada Pardons Board meet?
It varies. The general public can see the results of pardon hearings online.11
12. How do I apply for a Nevada pardon?
You can download the Nevada pardon application.
The application asks for some basic information including your:
- name,
- contact information,
- date of birth, and
- Social Security number.
It also asks for detailed information about your past convictions and sentences. You have to specify whether you are requesting that your gun rights be restored and why.
One of the most important sections of the application is where you list “extraordinary circumstances” in your life that would warrant a pardon. You should use a separate sheet of paper to give a specific and heartfelt account of why you need a pardon. Good reasons may include:
- the conviction has caused you to be denied housing,
- the conviction has caused you to be denied employment, and/or
- the conviction has caused you to fail to provide for your family
You may also submit proof (such as rejection and denial letters) to back up your assertions.
You also have to sign and get notarized the waiver and release form included in the application. This allows the Pardons Board to look into information about your:
- job history,
- criminal history,
- education,
- credit history,
- bank and tax records,
- medical records, and
- other information.
The Pardons Board must receive it within (7) days of receiving the pardon application.
Note that it is also possible to submit pardon applications electronically. Learn more here.12
13. How much does it cost?
Nothing. You just need to pay for:
- a notary to sign off on the waiver and release form, and
- postage to mail the waiver and release to the Pardons Board.13
14. What happens after I submit the application?
If a pardon application makes the first “cut,” the Board will conduct a complete background check on you. They may even contact the D.A. and any victims from past crime(s) for further information.
This is why you are encouraged to be truthful in your application. The Board will turn down any applicants who hide anything relevant or important.
After the background check, the Board may hold a hearing. You are not required to attend, but it is recommended you attend and dress in business attire.
The Board requests recommendations and testimony from:
- the D.A.,
- the district judge,
- the director of the Nevada Department of Corrections, and
- if applicable, the chair of the board of county commissioners.
During the hearing, the Board may take testimony under oath and may consider any certified depositions or affidavits. Anyone wishing to testify at the hearing who was not listed in the application needs to notify the board at least ten (10) days in advance of the hearing.
If the Board grants the pardon, an official document will be given to you showing that:
- you have been granted a pardon and
- the dates when certain rights are restored.
The pardon document may also include various details, limitations or restrictions, such as whether the pardon restores your gun rights.14
15. Will I need a hearing?
Yes, if you meet all of the following five criteria:
- The crime for which the pardon is sought:
- did not cause the victim to sustain physical injury;
- did not involve force or violence (or the threatened use of force or violence); and
- was not a sex crime.
- You have never been convicted of:
- an offense that caused a victim to sustain physical injury;
- an offense involving force or violence (or the threatened use of force or violence); or
- a sex crime.
- The court which rendered the judgment does not object to the pardon.
- The D.A. of the county where the case took place does not object to the pardon.
- The Pardons 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 you; or, during the course of an investigation of you, a victim of a crime committed by you has not objected to the granting of a pardon.
This process may take a few weeks to a few months.15
16. How many pardons get granted?
The Nevada Pardons Board grants very few pardons. Therefore it is important to have an experienced attorney help complete the pardon application to increase the chances of the Board granting the pardon.16
17. What if I cannot remember my criminal history?
You can contact the Nevada Department of Public Safety, Records & Identification Bureau at (775) 687-1600 for arrest, charge and conviction information in Nevada.17
18. Can I reapply after getting rejected?
No, unless:
- You show a substantial change of circumstance; and
- The application was previously approved by the Executive Secretary of the Board.18
19. Are pardons necessary to get civil rights restored?
No. In the majority of cases, people who complete a sentence for a felony conviction automatically regain the right to vote and serve on a jury (in a civil case).
Then the right to hold public office is restored four (4) years after the case ends.
Finally, the right to serve on a jury in a criminal case is restored six (6) years after the sentence ends.
So although pardons are nice to have, in many cases they are not necessary to get civil rights restored in Nevada.19
(Scroll up to section 2.3 for more detailed information.)
20. Can a Nevada pardon get me off the Sex Registry?
No. Even a full, unconditional Nevada pardon cannot release you from your duty to continue registering as a sex offender.
Instead, convicted sex offenders should consult with an attorney about the possibility of petitioning the court to get off the Nevada Sex Registry. Learn more about sex registration laws.20
21. Do all states recognize Nevada pardons?
States usually honor each other’s pardons, but not always. For example, a person who has had gun rights restored in Nevada from a pardon might still be prohibited from having guns in another state.
Therefore you should seek legal counsel from other states to see whether your pardons have the same effect.21
22. What if I lose my documents?
You may file a written request with the appropriate Nevada court. Upon verification that you have been pardoned, the court will issue an order restoring your civil rights.
This service is free, but it is recommended you retain legal counsel to do the paperwork.22
23. Can non-U.S. citizens get Nevada pardons?
Yes. If you are facing deportation for a Nevada conviction, you should describe in your pardon application how being deported would have a negative effect on your family and yourself. 23
24. Can I still be deported?
In the majority of cases, you cannot be deported based solely on a conviction that has been pardoned.24
25. Are pardons like record seals?
No, they are totally different. Record sealing causes past convictions not to come up in background checks; pardons cannot do that. Also, record seals can never restore gun rights.
Note that you may apply to get your records sealed irrespective of whether you have been pardoned. Also, note that it is easier to get a record seal than a pardon.25
Legal References:
- See NRS 213.005 – NRS 213.100. See, for example: Jerrell v. Las Vegas Metropolitan Police Department (Nevada Court of Appeals, 2021) 480 P.3d 270; Pohlabel v. State (2012) .
- NRS 213.090; NRS 213.155. Starting July 1, 2019, people released from prison, parole, or probation have the right to vote immediately. (See Nevada Assembly Bill 431 (2019)).
- Criteria and Application Instructions, Nevada Pardons Board.
- Id.
- Id.
- Id.
- Id.
- Id.
- Id.
- Id.
- Id.
- Nevada Pardon application.
- Criteria and Application Instructions, Nevada Pardons Board.
- Id.
- NRS 213.035.
- Criteria and Application Instructions, Nevada Pardons Board.
- Id.
- Id.
- Id.
- Id.
- Id.
- Id.
- Id.
- Id.
- NRS 179.245.