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IN RE SHIN

No. 47995.

206 P.3d 91 (2009)

In the matter of the Application of SANG MAN SHIN for an Order to Seal Records. Sang Man Shin, Appellant, v. The State of Nevada, Department of Public Safety, Respondent.

Supreme Court of Nevada.

March 26, 2009.

Attorney(s) appearing for the Case

Amesbury & Schutt and John P. Parris and David C. Amesbury, Las Vegas, for Appellant.

Catherine Cortez Masto, Attorney General, and Robert G. Kilroy, Deputy Attorney General, Carson City, for Respondent.

BEFORE THE COURT EN BANC.

OPINION

By the Court, SAITTA, J.:

We are asked to determine whether NRS 179.245(5), which prohibits Nevada courts from sealing records concerning sexually based offenses, improperly impinges upon the power of the State Board of Pardons Commissioners to issue pardons. While the pardoning power's reach is expansive, it does not extend to removing the historical fact that a conviction occurred, and it cannot bequeath innocence. Instead, a pardon is an...

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