Setting aside your conviction or sealing a dismissed criminal record may help! Call or email today for a free initial consultation with an Omaha criminal attorney familiar with these options. Neb. (5) The setting aside of a conviction in accordance with the Nebraska Probation Administration Act shall not: 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. ? 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). 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. 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. Rev. If the court grants your petition, you may lawfully state that the sealed or set-aside criminal record does not exist. Payment plans … 824, 277 N.W.2d 254 (1979). Stat. If you fail to follow the local rules, it may affect your ability to obtain the desired outcome from your court case. § 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. (b) The Court orders the removal of all civil disabilities and disqualifications imposed as a result of the conviction. This process is easy and beneficial. State v. Wester, 269 Neb. Rev. 29-2264. An employer will not see a sealed non-conviction record. Judicial set-aside for p robationers. This process is used the most out of the three. Location: Legal Aid of Nebraska 941 “O” St. Suite 325 Lincoln, NE 68508. Stat. Many courts have specific local rules that may apply in your case. However, when employers search your Nebraska criminal record, a set-aside conviction will still be present. With over 80% of employers conducting criminal background checks today, removing a past conviction is important and beneficial. 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. A. Rev. 295, 691 N.W.2d 536 (2005). State v. Tweedy, 202 Neb. Implications of a Successful Record Sealing or Set Aside. Set Aside Process Nebraska's set aside statute is found at Neb. State v. Wester, 269 Neb. Is an old criminal charge or conviction getting in the way of you finding housing, the job you want, public benefits or an education? Orders setting aside the offender's convictions vested him with the right to have the set-aside convictions used only for those purposes listed in this section at the time the orders were entered. 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