Pardon: Restoration of civil rights; limitations.
1. Except as otherwise provided in subsection 2, a person who is granted a pardon for any offense committed:
(a) Is immediately restored to the following civil rights:
(1) The right to vote; and
(2) The right to serve as a juror in a civil action.
(b) Four years after the date that his pardon is granted, is restored to the right to hold office.
(c) Six years after the date that his pardon is granted, is restored to the right to serve as a juror in a criminal action.
2. Except as otherwise provided in this subsection, the civil rights set forth in subsection 1 are not restored to a person who has been granted a pardon if the person has previously been convicted in this state:
(a) Of a category A felony.
(b) Of an offense that would constitute a category A felony if committed as of the date that his pardon is granted.
(c) Of a category B felony involving the use of force or violence that resulted in substantial bodily harm to the victim.
(d) Of an offense involving the use of force or violence that resulted in substantial bodily harm to the victim and that would constitute a category B felony if committed as of the date that his pardon is granted.
(e) Two or more times of a felony, unless a felony for which the person has been convicted arose out of the same act, transaction or occurrence as another felony, in which case the convictions for those felonies shall be deemed to constitute a single conviction for the purposes of this paragraph.
Ê A person described in this subsection may petition the court in which the person was convicted for an order granting the restoration of his civil rights as set forth in subsection 1.
3. Except for a person subject to the limitations set forth in subsection 2, upon receiving a pardon, a person so pardoned must be given an official document which provides:
(a) That he has been granted a pardon;
(b) That he has been restored to his civil rights to vote and to serve as a juror in a civil action as of the date that his pardon is granted;
(c) The date on which his civil right to hold office will be restored to him pursuant to paragraph (b) of subsection 1; and
(d) The date on which his civil right to serve as a juror in a criminal action will be restored to him pursuant to paragraph (c) of subsection 1.
4. Subject to the limitations set forth in subsection 2, a person who has been granted a pardon in this state or elsewhere and whose official documentation of his pardon is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has been granted a pardon and is eligible to be restored to the civil rights set forth in subsection 1, the court shall issue an order restoring the person to the civil rights set forth in subsection 1. 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 pardon, if it contains the provisions set forth in subsection 3; or
(b) A court order restoring his civil rights,
Ê as proof that he has been restored to the civil rights set forth in subsection 1.
Last modified: February 26, 2006