Nebraska: Adult Convictions (NE-C-4)

A person who commits any offense and is sentenced to only a fine, probation, community service, or a period of imprisonment less than one year may petition the court to have the conviction set aside after satisfactory completion of the conditions of said sentence. Neb. Rev. Stat. § 29-2264(2),(3).

Record Detail(s)

Misdemeanor

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Set Aside

Ineligible Category or Citation

Motor vehicle offenses are not eligible for relief under this section. 29-2264(3)(b).

Procedure General

The petition must be filed in the sentencing court of record. For specific procedure, see Neb. Rev. Stat. § 29-2264(2)-(5).

Fees

There is no statutory language regarding fees.

Effect

The order to set aside the conviction removes civil disabilities and penalties that might otherwise result from the conviction, with the exception of those effects listed in Neb. Rev. Stat. § 29-2264(6).

Waiting Periods

There is no statutory language regarding waiting periods.

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