Set Aside a Criminal Conviction in Nebraksa
Nebraska has a mechanism for removing criminal convictions from criminal history reports. This process is easy and beneficial. With over 80% of employers conducting criminal background checks today, removing a past conviction is important and beneficial.
Set Aside ProcessNebraska's set aside statute is found at Neb. Rev. Stat. ? 29-2264. You must have completed probation or received a fine only to be eligible. A two page Motion is filed with the sentencing Court. The Court will set a hearing on the Motion at which you must appear.
Hearing ConsiderationsThe Court will consider: (a) The behavior of the offender after sentencing; (b) The likelihood that the offender will not engage in further criminal activity; and (c) Any other information the court considers relevant. Generally good employment history, participation in AA or other rehabilitation organizations, and lawful conduct since release from probation are useful issues to address with the Court.
Set Aside OrderIf the Court finds that is is in the best interest of you and consistent with public welfare, he or she will sign an Order setting aside the conviction.
Effects of Setting Aside a ConvictionObtaining a set aside order from the Court "removes all civil disabilities and disqualifications imposed as a result of the conviction" according to Nebraska Revised Statutes ? 29-2264. Although this sounds like the conviction is erased, it is not. The conviction can still be used to enhance a subsequent criminal charge or to impeach you as a witness. It does not restore gun right.