NAC213.065. Pardons: Waiting period for eligibility to submit application; waiver.

     1. Except as otherwise provided in this section, a person may not submit an application for a pardon from a conviction for a:

     (a) Misdemeanor which constitutes domestic violence pursuant to NRS 33.018 until 5 years after the date on which the person is released from actual custody or is no longer under a suspended sentence, whichever occurs later.

     (b) Category E felony until 6 years after the date on which the person is discharged from probation or parole or released from prison because of the expiration of the term of imprisonment to which the person was sentenced.

     (c) Category B, C or D felony for which the person was sentenced to probation until 8 years after the date on which the person is discharged from probation, except as otherwise provided in this paragraph. If the person was sentenced to probation upon a conviction for a category C or D felony and his or her probation was revoked, the person may not submit an application for a pardon until 9 years after the date on which the person is discharged from parole or released from prison because of the expiration of the term of imprisonment to which the person was sentenced. If the person was sentenced to probation upon a conviction for a category B felony and his or her probation was revoked, the person may not submit an application for a pardon until 10 years after the date on which the person is discharged from parole or released from prison because of the expiration of the term of imprisonment to which the person was sentenced.

     (d) Category C or D felony for which the person was sentenced to a term of imprisonment until 9 years after the date on which the person is discharged from parole or released from prison because of the expiration of the term of imprisonment to which the person was sentenced.

     (e) Category B felony for which the person was sentenced to a term of imprisonment until 10 years after the date on which the person is discharged from parole or released from prison because of the expiration of the term of imprisonment to which the person was sentenced.

     (f) Category A felony until 12 years after the date on which the person is discharged from probation or parole or released from prison because of the expiration of the term of imprisonment to which the person was sentenced.

     2. If a person is convicted of a crime, other than a traffic offense, during the waiting period prescribed in subsection 1, the Board may require that the waiting period begin on the date of the conviction or on the date on which the person is discharged from probation or parole or released from prison because of the expiration of the term of imprisonment to which the person was sentenced.

     3. With the consent of a member of the Board, the Secretary may waive the waiting period prescribed in subsection 1.

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