Nebraska Order Setting Aside a Criminal Conviction

State:
Nebraska
Control #:
NE-SKU-0749
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Order Setting Aside a Criminal Conviction

Nebraska Order Setting Aside a Criminal Conviction is a legal process in Nebraska that may allow a person convicted of a felony or misdemeanor to have their conviction set aside. This may potentially relieve them of some consequences of their conviction, including the stigma associated with having a criminal record. There are two types of Nebraska Order Setting Aside a Criminal Conviction: (1) Expungement and (2) Sealing of Records. With an expungement, the criminal conviction is completely removed from the person’s record. With a sealing of records, the conviction remains on the person’s record, but is not accessible to the public. This process is governed by Neb. Rev. Stat. § 29-3520. To be eligible for an Order Setting Aside a Criminal Conviction, the petitioner must have completed all terms of their sentence and must not have been convicted of any other crimes. They must also meet certain criteria, such as the length of time that has passed since the conviction and the nature of the offense. The petitioner must submit an application to the court in which the conviction occurred, along with the necessary fees and supporting documentation. After reviewing the application, the court may grant the Order Setting Aside a Criminal Conviction.

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FAQ

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.

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

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.

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.

?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.

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

More info

An expungement proceeding basically results in a court order sealing all records of a criminal conviction. All court documents and arrest records are ordered sealed.A set aside means that the conviction is in effect undone, and the charge is then dismissed. A set aside essentially allows a defendant to have a small portion of their own story appended to the court record. When a record is set aside, the criminal conviction will show as dismissed in public records. After you have been convicted of a crime and completed your sentence (jail, prison, probation, fine and fees), you may be eligible for a Set Aside. Conviction set aside applications must be filed in the court where the conviction occurred. If your application is granted: the judge should complete and sign the Order to Set Aside. Conviction and you will be given a copy of the order. If your application is granted: the judge should complete and sign the Order to Set Aside.

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Nebraska Order Setting Aside a Criminal Conviction