2001 REGULAR SESSION (71st) A AB328 R2 906
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend sec. 3, pages 2 and 3, by deleting lines 33 through 49 on page 2 and lines 1 through 5 on page 3, and inserting:
“176A.860 [A convicted person who]
1. If a person is granted an honorable discharge from probation, [who has] not sooner than 6 months after his honorable discharge, the person may apply to the division to request a restoration of his civil rights if the person:
(a) Has not previously been restored to his civil rights[, and who is] ; and
(b) Has not been convicted of any offense greater than a traffic violation[within 6 months after the discharge, may apply] after his honorable discharge.
2. If a person applies to the division to request a restoration of his civil rights[. The application must be accompanied by] , the person must submit with his application a current, certified record of [the applicant’s] his criminal history received from the central repository for Nevada records of criminal history. If the division determines after an investigation that the [applicant] person meets the requirements of this section, [it] the division shall petition the court in which the [applicant] person was convicted for an order granting the restoration[.] of his civil rights. If the division refuses to submit such a petition, the [applicant] person may, after notice to the division, directly petition the court for an order granting the restoration of his civil rights.”.
Amend sec. 5, page 3, by deleting lines 14 through 43 and inserting:
“453.3365, a person [who has been convicted of:] may petition the court in which he was convicted for the sealing of all records relating to a conviction of:
(a) [Any felony may,] A category A or B felony after 15 years from the date of his [conviction or, if he is imprisoned, from the date of his] release from actual custody [;] or discharge from parole or probation, whichever occurs later;
(b) A category C or D felony after 12 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;
(c) A category E felony after 10 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;
(d) Any gross misdemeanor [may, after 10] after 7 years from the date of his [conviction or] release from actual custody[;
(c)] or discharge from probation, whichever occurs later;
(e) A violation of NRS 484.379 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony , [may,] after 7 years from the date of his [conviction or,] release from actual custody [; or
(d)] or from the date when he is no longer under a suspended sentence, whichever occurs later; or
(f) Any other misdemeanor [may, after 5] after 3 years from the date of his [conviction or] release from actual custody[,
petition the court in which the conviction was obtained for the sealing of all records relating to the conviction.] or from the date when he is no longer under a suspended sentence, whichever occurs later.”.
Amend sec. 11, page 7, line 29, by deleting “shall” and inserting:
“[shall] must”.
Amend sec. 11, page 7, by deleting line 30 and inserting:
“certificate of [pardon;] pardon and , when granted upon conditions, limitations or”.
Amend sec. 11, page 7, line 31, by deleting “shall” and inserting:
“[shall] must”.