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Does an ex felon who has their civil rights restored have to…

Customer Question
Does an ex felon...

Does an ex felon who has their civil rights restored have to register as an ex felon?

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

No

Lawyer's Assistant: In what state did this occur?

Nv

Submitted: 23 days ago.Category: Criminal Law
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5/29/2018
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 23 days ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,933
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 23 days ago

Yes, you still would have to register in Nevada unless your conviction was set aside. Otherwise, even if your rights are now restored, your conviction is not removed from your record.

Nevada defines what a convicted person is and the only exceptions here:

https://law.justia.com/codes/nevada/2013/chapter-179c/statute-179c.010/

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Customer reply replied 23 days ago
OK thank you. I am referencing and trying to interpret NRS 179C.100 sec 6 of the Nevada Revised Statutes
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 23 days ago

This section is for people who are only visiting Nevada and who live in another state. If you live in another state and your civil rights are all restored, according to subsection 6 of 179C.100, you would not have to register after 48 hours.

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Customer reply replied 23 days ago
Under section 6 it states that the provisions do not apply t a convicted person who's rights have been restored
Customer reply replied 23 days ago
When so ordered in the individual case by the district court in which the conviction was obtained, by the State Board of Parole Commissioners or by the State Board of Pardons Commissioners, whichever is appropriate, the provisions of this section do not apply to a convicted person who has had his or her civil rights restored.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 23 days ago

Correct. If the court, Parole, and the Pardons Commission ordered that you register, you don't once your rights were restored.

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Customer reply replied 23 days ago
Ok so if an ex felon has a certificate from the State of Nevada NDOC Board of Commissoner stateing that their civil rights have been restored then they should not have to register as an ex felon in the county in which they live
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 23 days ago

That's the way I read it.

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Customer reply replied 23 days ago
what can we do if our local law enforcement is not accepting the documentation or the statute. They are requiring registration or be arrested
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 23 days ago

There must be some way that you can appeal the determination of the law enforcement agency. However, this situation is unique to Nevada. So I'm going to opt out in the hopes that a Nevada lawyer can tell you how to do that.

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Customer reply replied 23 days ago
Ok sounds good. Thank you for your time.
Criminal Lawyer: James Daloisio, Lawyer replied 22 days ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 603
Experience: 30 years experience in criminal law, continuing education.
Verified

Hi, my name is ***** ***** welcome to Just Answer.

The felon registration statutes are pretty specific. Before we discuss how to appeal an improper police decision, may I know what the offense(s) was/were that formed the basis of your conviction?

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Customer reply replied 22 days ago
There has not been a citation just a threat made my law enforcement....in Nevada the AB-55 qualified offenders to get their rights restored, some automatically upon release, those who had 2 or more convictions had to apply for these rights. The rights were granted with a certificate to show that the requirements were met and signed by the board...the county that we are in, or primarily one officer is not accepting the statute
Customer reply replied 22 days ago
my fiance who is an ex felon who has had his civil rights restored was criminally and racially profiled and then interrogated by the police on the side of the road for an hour....
Criminal Lawyer: James Daloisio, Lawyer replied 22 days ago

I understand that there hasn't been a citation for failing to register. My question is what felony or felonies did he get convicted of that required him to register in the first place?

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Customer reply replied 22 days ago
it started with a marijuana possession when he was 18 and then burglary and I believe and ex felon in possession of fire arms....no categories A's, no harm, no sex offense
Customer reply replied 22 days ago
It was determined by the department of corrections that he meets the requirements for restoration of civil rights as defined in AB-55 (NRS 231.157) which are retroactive to his release date in 2008
Customer reply replied 22 days ago
With that being so then he should be afforded the same rights as the ex felons who have automatic restoration under that same bill.
Criminal Lawyer: James Daloisio, Lawyer replied 22 days ago

The requirements of AB55 are imposed on three different categories of felon: (1) persons who have been honorably discharged from probation, (2) persons who have been honorably discharged from parole, and (3) persons who have served a sentence and been released from prison. The first category is addressed by NRS 176A.850, the second by NRS 213.155, and the third by NRS 213.157. But all contain the same provision:

"The civil rights set forth in subsection 1 are not restored to a person ... if the person has previously been convicted in this state: ... (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. 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."

So with two or more separate felony convictions, his restoration of rights is not automatic. He is required to petition the district court. I do not see anything in the statute that authorizes the Board of Parole Commissioners or the Board of Pardons Commissioners to restore the rights of a person with two or more felony convictions.

Has he petitioned the District Court?

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Customer reply replied 22 days ago
If you look at NRS 176C.100 sec 6...it states who restores civil rights
Customer reply replied 22 days ago
Here is the certificate
Criminal Lawyer: James Daloisio, Lawyer replied 22 days ago

176C.100(6) mentions three entities and then states "whichever is appropriate." The three statutes that I cited all require that "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...."

With two or more felony convictions, your significant other is in fact "a person described in [those] subsections[s]."

So the "appropriate" entity would be the District Court, not either of the Boards mentioned.

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Customer reply replied 22 days ago
you are saying that the certificate is null and he does not have his civil rights back under AB-55
Criminal Lawyer: James Daloisio, Lawyer replied 22 days ago

The Dept. of Corrections cannot restore civil rights to a person with two or more prior convictions. They can issue a certificate stating that he has served his sentence and is eligible for restoration but only the District Court can actually restore those rights. It is clearly stated that way in the three statutes that I've cited for you.

Here's what the Dept. of Corrections says on its Restoration of Rights page:

"Automatic restoration of civil rights upon discharge does not apply to Category A felons, Category B felons whose crime caused substantial bodily harm, or felons with 2 or more convictions. Those persons may, however, apply to the courts requesting the restoration of their civil rights. There is no cost to apply."

What I'm wondering is what that certificate actually says.

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Customer reply replied 22 days ago
I sent it to you
Criminal Lawyer: James Daloisio, Lawyer replied 22 days ago

OK, just got it.

I can understand why the police department is refusing to waive the registration requirement. The law is clear that if you have two or more prior felony convictions, the automatic restoration of AB-55 doesn't apply to you. All they have to do is check his record and they can see he has multiple convictions.

What I don't understand is how he got that certificate. You mentioned three convictions. Were at least two of them felonies? Maybe I'm assuming too much here.

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Customer reply replied 22 days ago
I believe he has 5 felonies...possibly all rising from the other...I'll have to clarify that...I know we submitted an application and were granted the certificate.
Criminal Lawyer: James Daloisio, Lawyer replied 22 days ago

Well, you've got the "single transaction" rule:

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.

If he is not subject to the "two or more felonies" rule, then that certificate should be sufficient for the police department to not require registration. If they are insisting that he register, they should give you a reason. If they are refusing to give you a reason, he has a few choices: 1) he can refuse to register and let them charge him. It's a misdemeanor and he can bring his certificate to court as his defense. 2) He can go through the police department's complaint process. That would at least get you an answer. 3) You can file a lawsuit; that gets a little bit complex because you still have to go through the administrative complaint process before you can file a civil suit against the government.

I think the key is going to be whether he has two or more separate convictions. Get that cleared up and we can go from there.

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Customer reply replied 22 days ago
Nevada has one of the most complicated civil rights restoration schemes in the country. Persons convicted of “treason or felony in any state” lose the right to vote, hold office, and sit on a jury. Nev. Const. art. 2, § 1; id. art. 15, § 3; Nev. Rev. Stat. § 6.010. First offenders convicted of all but the most serious and/or violent offenses are restored automatically to the right to vote and sit on a civil jury upon successful completion of sentence; to hold office after four years; and to sit on a criminal jury after six years. See Nev. Rev. Stat. §§ 213.157(1) (completion of sentence), 213.155(1) (discharge from parole), 176A.850(3) (discharge from probation). Persons convicted under Nevada law of Category A and violent Category B felonies resulting in substantial bodily harm, or who have more than one Nevada felony conviction, must seek restoration of civil rights in the court in which they were convicted, or from the Board of Pardons Commissioners. §§ 213.090(2), 213.155(2), 213.157(2), 176A.850(4).
Criminal Lawyer: James Daloisio, Lawyer replied 21 days ago

Well, that last line is a little misleading because the Board of Pardons Commissioners only restores civil rights when they grant a pardon to someone who's filed an application for a pardon with the Board. (NRS 213.090.) If you aren't trying to obtain a pardon, you have to go to court. So find out about the single transaction rule. If the two felony rule doesn't apply, he's good to go. If it does, he needs to petition the court.

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