Setting Aside a Criminal Conviction
In Nebraska, a criminal conviction cannot be “erased” or "expunged." 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 Governor. A “set-aside” is a decision made by the judge who heard your criminal case. If that judge grants your request, your conviction will be “nullified.”
Criminal convictions can affect your ability to get a job. Both a pardon and set-aside might reduce the impact of a criminal conviction.
WHAT IS A “SET ASIDE?”
A set-aside is a judge’s decision that nullifies a criminal conviction. As part of the decision to set aside a criminal conviction, a judge must believe that it is in your best interests to do so and that setting aside the conviction is “consistent with the public welfare.” The decision is discretionary, which means it totally is up to the judge.
The set-aside does not erase a criminal record. The order setting aside the conviction is added to the criminal record. A potential employer doing a criminal background check will see the conviction and the addition of the order setting aside your convictions. For more information about setting aside a criminal convictions please read Instructions for Setting Aside a Criminal Conviction.
Please note, these materials and document are only for use in Nebraska courts with Nebraska convictions.
Set Asides: Misdemeanor and Felony Automated Court Forms This link directs you to to a complete set of automated, court-approved forms needed to request a set aside.
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IMPORTANT NOTICE: These automated forms are only compatible with Internet