Nebraska Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction - Expungement

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Multi-State
Control #:
US-02242BG
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Word; 
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Description

A mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction - Expungement
  • Preview Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction - Expungement
  • Preview Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction - Expungement

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FAQ

An adult's criminal conviction cannot be erased. It can be pardoned or set-aside, but it WILL NOT be erased. Once there is a conviction on your record, it always will be on your record. A pardon is a formal forgiveness granted by the Board of Pardons.

The Board may, after a pardon has been granted for a felony offense, empower the Governor to expressly authorize the applicant to receive, possess or transport in commerce, a firearm. What does a pardon do? A pardon restores civil rights lost due to a felony conviction.

Under Nebraska Revised Statute § 29-2264, you can petition the court for an order ?setting aside? or nullifying a conviction. This indicates that you completed your sentence and are rehabilitated. However, a set-aside does not remove your conviction. Instead, it adds a notation that the record is set-aside.

Clean Slate Project Criminal records can be sealed if the underlying criminal charges were dismissed. 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.

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.

Can You Get a DUI Expunged in Nebraska? In Nebraska, there is a ?set aside law? which allows you to file a motion to set aside a conviction which includes DUI convictions. You must have received a fine only or finished your probation to qualify for it. A motion is filed to schedule a hearing you must attend.

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Nebraska Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction - Expungement