Nebraska Petition to Set Aside Criminal Conviction

State:
Nebraska
Control #:
NE-SKU-0780
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PDF
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Description

Petition to Set Aside Criminal Conviction

The Nebraska Petition to Set Aside Criminal Conviction is a legal process that allows individuals to have their criminal records expunged. This process is available to individuals who have been convicted of misdemeanors or felonies in Nebraska. The Petition to Set Aside Criminal Conviction allows for an individual to have their criminal records sealed from public view. This process is meant to provide individuals with a second chance and the opportunity to move on from past mistakes. There are two types of Nebraska Petitions to Set Aside Criminal Conviction: (1) Petition to Set Aside Criminal Conviction for Misdemeanors: this type of petition is available to individuals who have been convicted of a misdemeanor in Nebraska. (2) Petition to Set Aside Criminal Conviction for Felonies: this type of petition is available to individuals who have been convicted of a felony in Nebraska. In both cases, the individual must meet certain criteria in order for their petition to be granted.

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FAQ

For felonies, ten years from final discharge, including payment of fine and restitution; for misdemeanors, three years. See Pardon Board Application, Neb.

Criminal records can be set aside if the defendant was sentenced to probation or ordered to pay a fine. Misdemeanor crimes can be pardoned three years after a sentence has been completed. Felony crimes can be pardoned ten years after the sentence was completed.

aside is an order by the judge who sentenced you in a criminal case which voids the conviction.

Expungement in Nebraska Overview Many states allow an individual to expunge records of conviction for misdemeanors and even for certain lesser felonies. The State of Nebraska, however, does not allow any convictions to be expunged.

The only way to restore gun rights following a felony conviction is to obtain a pardon by the governor.

?Any person arrested due to the error of a law enforcement agency may file a petition with the district court for an order to expunge the criminal history record information related to such error. The petition shall be filed in the district court of the county in which the petitioner was arrested.

aside is an order by the judge who sentenced you in a criminal case which voids the conviction.

Your request must be submitted to the Board of Pardons, which will typically hold a hearing before deciding whether or not to approve it. You may petition for a pardon 10 years after you have completed your sentence for a felony conviction or 3 years after a misdemeanor.

More info

Both felony and misdemeanor criminal convictions can be set aside. It is just a hearing to set aside a conviction.You are not asking for a re-trial. CONVICTION. CASE NUMBER a. b. c. d. 2. a. I am requesting more than one felony to be set aside. Step 1: In black ink, please complete the forms in this packet with instructions below. Form: Application to Set Aside Conviction. When a court sets aside a conviction, it dismisses the conviction, the penalties are dismissed, and disabilities are vacated. When a record is set aside, the criminal conviction will show as dismissed in public records. In general, you are eligible to have a conviction set aside only if the court sentenced you to probation or to pay a fine.

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Nebraska Petition to Set Aside Criminal Conviction