In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
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Yes, if the Nevada Governor’s Pardon explicitly says that the person’s gun rights are restored. Note that a Nevada record seal can never restore a person’s gun rights.
Convicted felons in Nevada are prohibited from owning or possessing firearms unless they are granted a pardon restoring that right.
Note that not all pardons restore gun rights: People applying for pardons need to check the box on the pardon application requesting gun rights. And then the Pardons Board needs to agree to restore the person’s gun rights.
Once a person has his/her firearm rights restored under a pardon, federal authorities may not use the pardoned conviction to prosecute the person under federal law for “unlawful possession of a firearm.” However, states which have stricter gun laws may still be able to use pardoned Nevada convictions to prosecute the person for gun crimes.
A Nevada pardon shows that the state government has “forgiven” a person of a past crime. Contrary to record sealing, pardons do not make a past conviction invisible on future background checks. But pardons can restore gun rights and civil rights.
People lose their right to have a gun in various situations, including:
It is a category B felony in Nevada to possess a firearm if the possessor is a felon, fugitive, or drug addict. The punishment includes:
The sentence is laxer if the possessor is an illegal alien or mentally ill:
After applicants download the Nevada pardon application, they may submit it online or mail it. Applicants are strongly advised to retain an attorney to check the person’s eligibility for a pardon and compose the pardon application in attempt to increase the applicant’s chances of success.
Pardons are difficult to get, and they are granted on a case-by-case basis. People who have demonstrated good character for a long period of time are more likely to get pardoned than those who have not.
In general, the Pardons Board denies pardons to people who either:
However, the Pardons Board can make an exception if the person can demonstrate “extraordinary circumstances or case factors that mitigate disqualifying criteria.”
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.