Honorable discharge from probation: When granted; restoration of civil rights; effect; documentation.
1. A person who:
(a) Has fulfilled the conditions of his probation for the entire period thereof;
(b) Is recommended for earlier discharge by the Division; or
(c) Has demonstrated his fitness for honorable discharge but because of economic hardship, verified by a parole and probation officer, has been unable to make restitution as ordered by the court,
Ę may be granted an honorable discharge from probation by order of the court.
2. Any amount of restitution remaining unpaid constitutes a civil liability arising upon the date of discharge.
3. Except as otherwise provided in subsection 4, a person who has been honorably discharged from probation:
(a) Is free from the terms and conditions of his probation.
(b) 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.
(c) Four years after the date of his honorable discharge from probation, is restored to the right to hold office.
(d) Six years after the date of his honorable discharge from probation, is restored to the right to serve as a juror in a criminal action.
(e) If he meets the requirements of NRS 179.245, may apply to the court for the sealing of records relating to his conviction.
(f) Must be informed of the provisions of this section and NRS 179.245 in his probation papers.
(g) Is exempt from the requirements of chapter 179C of NRS, but is not exempt from the requirements of chapter 179D of NRS.
(h) Shall disclose the conviction to a gaming establishment and to the State and its agencies, departments, boards, commissions and political subdivisions, if required in an application for employment, license or other permit. As used in this paragraph, “establishment” has the meaning ascribed to it in NRS 463.0148.
(i) Except as otherwise provided in paragraph (h), need not disclose the conviction to an employer or prospective employer.
4. Except as otherwise provided in this subsection, the civil rights set forth in subsection 3 are not restored to a person honorably discharged from probation 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 of his honorable discharge from probation.
(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 of his honorable discharge from probation.
(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.
Ę 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 3.
5. The prior conviction of a person who has been honorably discharged from probation may be used for purposes of impeachment. In any subsequent prosecution of the person, the prior conviction may be pleaded and proved if otherwise admissible.
6. Except for a person subject to the limitations set forth in subsection 4, upon his honorable discharge from probation, the person so discharged must be given an official document which provides:
(a) That he has received an honorable discharge from probation;
(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 of his honorable discharge from probation;
(c) The date on which his civil right to hold office will be restored to him pursuant to paragraph (c) of subsection 3; 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 (d) of subsection 3.
7. Subject to the limitations set forth in subsection 4, a person who has been honorably discharged from probation in this State or elsewhere and whose official documentation of his honorable discharge from probation 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 honorably discharged from probation and is eligible to be restored to the civil rights set forth in subsection 3, the court shall issue an order restoring the person to the civil rights set forth in subsection 3. A person must not be required to pay a fee to receive such an order.
8. A person who has been honorably discharged from probation in this State or elsewhere may present:
(a) Official documentation of his honorable discharge from probation, if it contains the provisions set forth in subsection 6; or
(b) A court order restoring his civil rights,
Ę as proof that he has been restored to the civil rights set forth in subsection 3.
Last modified: February 25, 2006