Sang Man Shin v. State of Nevada, Department of Public Safety

Summary

The Supreme Court of Nevada held that a pardon restores civil rights and removes most legal consequences of a conviction but does not erase the historical fact of the conviction or create a right to expunge the criminal record. The court concluded that NRS 179.245(5), which prohibits sealing records relating to convictions for crimes against children or sexual offenses, does not improperly abridge the Pardons Board's constitutional power. The court affirmed the district court's order unsealing Sang Man Shin's criminal record.

Holdings

1. A pardon forgives the offense, restores civil rights, and removes most legal consequences of a conviction, but it does not erase the historical fact that the conviction occurred, confer innocence, or itself require expunction or sealing of the criminal record.
2. NRS 179.245(5) does not unconstitutionally abridge the Pardons Board's power under Article 5, Section 14 of the Nevada Constitution.
3. The district court did not abuse its discretion by setting aside the prior sealing order and unsealing Shin's criminal record.

Questions Presented

1. Whether a pardon granted under Article 5, Section 14 of the Nevada Constitution erases the historical fact of a criminal conviction or creates a civil right to expunge or seal the related criminal record.
2. Whether NRS 179.245(5), which bars sealing records relating to convictions for crimes against children or sexual offenses, unconstitutionally abridges the Pardons Board's constitutional power.
3. Whether the district court abused its discretion by setting aside the prior order sealing Shin's criminal record and ordering the record unsealed.

Disposition

affirmed