What Civil Rights Are Lost After Conviction in Nevada: Misdemeanor and Felony Offenses
When individuals are convicted of a misdemeanor or felony offense, the consequences extend beyond potential jail time. The state may also strip certain rights or liberties away from those who have been found guilty in a court of law. This is done to ensure that justice is served and those who break the law do not enjoy some of the same privileges as other citizens.
Civil rights are fundamental to the functioning of a society. They define our freedom and establish us as equal citizens under the law. However, the consequences of a criminal conviction can be profound, often leading to the loss of these rights.
If you or someone you know is facing criminal charges, it is important to understand the potential loss of civil rights. Contact a trusted criminal defense lawyer to learn more about the potential consequences of a conviction and how you can best defend yourself in court.
The Defenders is a criminal defense firm with offices in Las Vegas and Reno. Our experienced attorneys have a long history of defending clients against misdemeanor and felony charges. Contact our team for a free case evaluation.
Definition of Civil Rights
The term “civil rights” refers to the basic rights guaranteed to every citizen by the constitution and laws of a country or state. These rights include the right to vote, the right to hold public office, and the right to serve on a jury, among others.
They are vital to full participation in society and, when lost, can significantly affect a person’s quality of life.
Impact of Criminal Convictions on Civil Rights
The state of Nevada, like many other U.S. states, imposes certain legal disabilities or losses of civil rights upon those convicted of a crime.
These penalties extend beyond the sentence served and can affect various aspects of a person’s life.
In a lot of cases, having these civil rights taken away can lead to an almost permanent stigma. This is especially true for those convicted of a felony offense as the repercussions are long-lasting and can even be passed down to future generations.
No doubt you’ve seen TV shows where the community is rallying against a convicted sex offender, for instance. This is a prime example of how criminal convictions can be used to label and judge someone long after the sentence has been served.
Limited job opportunities, inability to secure housing, and difficulty obtaining loans are also some of the issues that can arise due to these convictions.
Civil Rights Lost After Conviction
When an individual is convicted of a crime, particularly a felony, they may lose their civil rights.
This loss is not only punitive but also serves as a deterrence to prevent future crimes. The specific rights lost can vary depending on the nature of the crime and the jurisdiction in which the conviction occurred.
These rights include:
- The right to vote
- The right to hold public office
- The right to serve on a jury
- The right to own a gun/firearm
The restoration of these rights is not automatic upon completion of the sentence and often requires navigating complex legal processes.
It is important that individuals understand both the short-term and long-term consequences of a conviction when making decisions regarding their case. Consulting with an experienced attorney can help identify potential penalties and the best course of action to take.
Difference Between Adult and Juvenile Convictions
In the case of adult felony convictions, an individual may lose the right to vote, hold public office, and serve on a jury. This loss is often temporary and subject to restoration under certain circumstances, as detailed in later sections.
Juvenile adjudications, unlike adult convictions, typically do not lead to the loss of civil rights.
This difference is due to the rehabilitative focus of the juvenile justice system, which aims to reintegrate juveniles into society rather than to punish them.
Difference Between Misdemeanors and Felonies
The severity of the crime also plays a significant role in the loss of civil rights.
Misdemeanors and gross misdemeanors, being less severe crimes, often do not result in the loss of civil rights. But this depends on the case and the jurisdiction in which it occurred.
Felony convictions, on the other hand, usually do result in a loss of civil rights. This is particularly true for those crimes involving violence or moral turpitude, such as sexual offenses.
Misdemeanor and gross misdemeanor convictions also have the potential to affect civil rights.
These include but are not limited to, the right to keep and bear firearms or ammunition, eligibility for public assistance and student loans, ability to practice certain professions, and eligibility for professional licenses.
Restoration of Civil Rights
In Nevada, the restoration of civil rights is governed by several statutes, including NRS 213.155 and NRS 213.157. These laws outline the process for restoring civil rights and the conditions under which a parolee is entitled to an honorable discharge and restoration of their civil rights.
Restoring civil rights involves a legal process that allows individuals who have completed their sentences to regain their lost rights. This restoration is often automatic upon completion of the sentence, but in other cases, it may require the individual to apply for restoration.
Immediate Restoration of Certain Rights
In Nevada, certain civil rights are immediately restored upon the release of an individual from prison. These rights include the right to vote and the right to serve as a juror in a civil case.
However, these rights may be subject to certain conditions as determined by the court.
Restoration of Right to Hold Office and Serve as Juror in Criminal Actions
The right to hold office and serve as a juror in criminal cases is not immediately reinstated upon release from prison.
In these cases, the right to hold public office is restored four years after the individual’s release from prison. The right to serve as a juror in a criminal cases is restored six years after the individual’s release from prison.
Restoration of Firearms Rights
The restoration of firearms rights in Nevada is governed by NRS 202.360.
According to this law, individuals convicted of a felony can only regain their firearms rights if they have received an unrestricted pardon that does not limit their right to bear arms.
Limitations and Exceptions
Also, note that not every individual is eligible for the restoration of civil rights.
Those with previous convictions of certain crimes such as category A felonies, certain category B felonies, and multiple felony convictions are not eligible for automatic restoration. They may, however, petition a court for the restoration of their civil rights.
The Role of Pardon in the Restoration of Rights
In Nevada, a full, unconditional pardon can restore a person’s civil rights and relieve them of all disabilities incurred upon conviction. However, obtaining a pardon involves a complex process and is not guaranteed.
Record Sealing
Nevada law provides for the sealing of criminal records under certain conditions.
This can be a significant step towards the restoration of civil rights and the removal of barriers to employment, housing, and other opportunities.
Note, however, that sealing of records does not automatically restore civil rights, and individuals must still apply for the restoration of their rights.
Role of Attorneys in the Restoration Process
Legal processes can be complex and daunting, especially for individuals who are not well-versed in the law. Attorneys play a crucial role in guiding individuals through the process of restoring their civil rights and any other post-conviction reliefs. They offer legal advice, help individuals understand their eligibility for restoration, assist in the preparation of necessary documentation, and represent individuals in court if a petition for restoration is required.
At The Defenders, we are committed to helping our clients navigate the complex legal landscape of restoring civil rights in Nevada. Our knowledgeable and dedicated team of attorneys strive to provide unyielding support, demonstrating extensive expertise and commitment to defending our clients’ rights.
If you or your loved one has been convicted of a crime and is seeking to restore their civil rights, contact The Defenders today. Our knowledgeable attorneys will assess your case and provide you with the best course of action for restoring your rights. We are here to help!
Frequently Asked Questions
How does a felony conviction affect my civil rights?
In Nevada, a felony conviction can have serious repercussions for an individual’s civil rights. These include but are not limited to: the right to vote, serve a a juror, the right to keep and bear firearms or ammunition, eligibility for public assistance and student loans, ability to practice certain professions, and eligibility for professional licenses. Many of these rights may be restored upon completion of the sentence, but in some cases, an individual may need to apply for restoration.
Can I restore my civil rights if I have multiple felony convictions?
In most cases, yes. However, there may be certain limitations depending on the nature of the convictions and whether any conditions or restrictions were imposed by the court when granting release. An experienced attorney can help assess an individual’s eligibility for restoration and provide guidance on how to proceed in these cases.
What is the process for restoring civil rights in Nevada?
The process for restoring civil rights in Nevada depends on the nature of the conviction and any conditions or restrictions imposed by the court. Generally, individuals must complete their sentence and demonstrate that they have been rehabilitated before they can apply for the restoration of civil rights. In some cases, an individual may need to file a petition with the court in order to obtain a ruling on their eligibility for restoration. An experienced attorney can provide guidance on the appropriate steps to take and represent individuals in court if necessary.
Which civil rights are immediately restored upon release from prison in Nevada?
Upon release from prison, individuals in Nevada are automatically restored the rights to vote and to serve on a jury for civil cases. All other civil rights must be restored through the appropriate process, which varies depending on the conviction and any conditions or restrictions imposed by the court.
How can I regain my firearms rights if I was convicted of a felony?
In Nevada, individuals convicted of a felony can only regain their firearms rights if they have received an unrestricted pardon that does not limit their right to bear arms. Otherwise, they must petition the court for the restoration of their civil rights and demonstrate that they have been rehabilitated. An experienced attorney can help assess an individual’s eligibility for restoration and guide them through the process.
How does a pardon affect the restoration of my civil rights?
A full, unconditional pardon in Nevada can restore an individual’s civil rights and relieve them of all disabilities incurred upon conviction. However, obtaining a pardon involves a complex process and is not guaranteed. An experienced attorney can provide guidance on the appropriate steps to take and represent individuals in court if necessary.
Are there any limitations or exceptions to the restoration of civil rights in Nevada?
Yes, depending on the nature of the conviction and any conditions or restrictions imposed by the court. In some cases, an individual may be required to obtain a pardon from the Governor’s office in order for their civil rights to be restored. Additionally, individuals who have been convicted of certain offenses involving violence or moral turpitude may not be eligible for the full restoration of all their civil rights. Consulting with an experienced attorney can help assess your specific situation and provide guidance on how to proceed in these cases.
What does the process of record sealing entail and how does it relate to the restoration of civil rights?
In Nevada, individuals may be eligible to have some or all of their criminal records sealed from public view. This process is generally only available to people who have either completed their sentence or had their charges dismissed. Sealing a record can help an individual move forward with their life and restore some of the civil rights taken away due to the conviction. An experienced attorney can provide guidance on the appropriate steps to take and represent individuals in court if necessary.
How can an attorney assist me in the process of restoring my civil rights in Nevada?
An experienced attorney can help assess an individual’s eligibility for restoration and provide guidance on how to proceed. They can advise clients on the available options for restoring their civil rights and represent them in court if necessary. Additionally, they can help file petitions with the court, draft legal documents, and navigate through the complex legal system. Working with an experienced attorney is the best way to ensure that all the necessary steps are taken in order to restore one’s civil rights.
