Rev. Implications of a Successful Record Sealing or Set Aside. (b) The Court orders the removal of all civil disabilities and disqualifications imposed as a result of the conviction. 29-2264. Setting aside your conviction or sealing a dismissed criminal record may help! Set Aside Process Nebraska's set aside statute is found at Neb. 295, 691 N.W.2d 536 (2005). ? Stat. This process is used the most out of the three. With over 80% of employers conducting criminal background checks today, removing a past conviction is important and beneficial. State v. Wester, 269 Neb. This section indicates that it is the province of the sentencing court to set aside a conviction and gives guidelines for determination of whether to set aside a conviction. § 29-2264(2) permits a person sentenced to probation, or to pay a fine only, to petition the sentencing court to “set aside” the conviction upon completion of probation and payment of any fine. Stat. If the court grants your petition, you may lawfully state that the sealed or set-aside criminal record does not exist. Many courts have specific local rules that may apply in your case. Call or email today for a free initial consultation with an Omaha criminal attorney familiar with these options. 295, 691 N.W.2d 536 (2005). Payment plans … Judicial set-aside for p robationers. A. This section indicates that it is the province of the sentencing court to set aside a conviction and gives guidelines for determination of whether to set aside a conviction. (c) The setting aside of a conviction in accordance with the Nebraska Probation Administration Act shall not preclude the terms set out in Neb. Nebraska has a mechanism for removing criminal convictions from criminal history reports. A set aside criminal conviction typically does not affect the right of the peson convicted to rely upon the conviction to bar subsequent proceedings for the same offense, and state law may prohibit the person from commencing an action for damages for incarceration under the sentence served before the conviction is set aside. Check with the clerk of the district court or county court in your county. If you fail to follow the local rules, it may affect your ability to obtain the desired outcome from your court case. Neb. State v. Wester, 269 Neb. (a) Nullify the conviction; and (b) Remove all civil disabilities and disqualifications imposed as a result of the conviction. Introduction An adult’s criminal conviction cannot be “erased.” It can be “pardoned” or “set-aside,” but it WILL NOT be 1, 710 N.W.2d 300 (2006). Location: Legal Aid of Nebraska 941 “O” St. Suite 325 Lincoln, NE 68508. (5) The setting aside of a conviction in accordance with the Nebraska Probation Administration Act shall not: This process is easy and beneficial. McCray v. Nebraska State Patrol, 271 Neb. An employer will not see a sealed non-conviction record. Stat. Rev. However, when employers search your Nebraska criminal record, a set-aside conviction will still be present. A juvenile's conviction in district court need not be set aside in postconviction proceedings where a hearing was held to determine whether the defendant should have been transferred to juvenile jurisdiction and the court, based on sufficient evidence, found that the transfer was not required. State v. Tweedy, 202 Neb. Rev. Is an old criminal charge or conviction getting in the way of you finding housing, the job you want, public benefits or an education? 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