Setting Aside Your Conviction
Nebraska law allows one convicted of a crime to have his/her conviction “set aside”. The effect of a set aside will still reflect the charge(s) on your law enforcement criminal history, but under the disposition section, instead of showing your conviction and sentence, it should state the conviction was set aside. Under Nebraska law, the setting aside of a conviction by a judge “nullifies” the conviction and “removes all civil disabilities and disqualifications imposed as a result of the conviction.”
Not everyone convicted of a crime is eligible to have their conviction set aside. To be eligible, one must have been sentenced to either probation or a fine only and said probation must have been satisfactorily completed and said fine and court costs must have been paid in full. Another factor the court considers in setting aside the conviction is whether one has avoided new charges since being convicted of the crime he/she is seeking to set aside. If one received a non-probation/non-fine only straight jail sentence, or if one avoided a conviction through either a dismissal, acquittal or diversion program, or if one did not satisfactorily complete probation or pay his/her fines and court costs, setting aside the conviction is NOT an option.
Therefore, if you were convicted of a crime, received a sentence of either probation or a fine only, and you successfully completed your probation and/or paid your fine and court costs in full, and if you have since had little to no major contact with law enforcement, please contact me by phone or email to discuss whether it might be in your best interests to seek a set aside of your conviction.
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