Setting Aside a Criminal Conviction in Nebraska: Eligibility and Timelines

Making a mistake in the past should not ruin the rest of your life. While Nebraska is one of the few states that completely forbids the expungement (erasure) of criminal convictions, it does offer a powerful alternative: the Set Aside. Under Neb. Rev. Stat. § 29-2264, a judge can set aside a criminal conviction if you successfully complete your probation and show that you have been rehabilitated. Setting aside a conviction legally voids the judgment against you. You can truthfully state that your conviction was nullified.

However, it is vital to understand that a Set Aside does not make the record invisible. A background check will still show the original charge, but it will be updated to reflect that the court vacated the conviction. If you need help clearing up your past to get better housing or employment in cities like Omaha, Lincoln, or Grand Island, finding an experienced attorney in our US Lawyer Directory is the best way to present a strong case to the judge.

Step-by-Step Process in Nebraska

Not every conviction is eligible to be set aside. The process heavily depends on the severity of the crime and your behavior since the conviction occurred.

Step 1: Eligibility for Misdemeanors

Most misdemeanor convictions-such as simple assault, shoplifting, or first-time DUI-are eligible for a set aside. Under Neb. Rev. Stat. § 29-2264, you qualify if you were sentenced to probation, ordered to pay a fine, or sentenced to a term of imprisonment of one year or less, and you have completed all terms of your sentence. For standard misdemeanors, your lawyer will file a Form CC 6:11, Nebraska, Judicial Branch, Petition to Set Aside Criminal Conviction in the court where you were convicted, such as the Sarpy County District Court, Papillion.

Step 2: Class IV Felony Set Asides

Nebraska law allows certain low-level felonies to be set aside. Specifically, Class IV felonies (and some Class IIIA felonies under older statutes) are eligible if your sentence was strictly probation or a fine. If you were sent to state prison for the felony, you are permanently disqualified from a set aside and must seek a Pardon instead. The court will closely examine your life since the felony, looking at your employment, community involvement, and lack of subsequent criminal behavior. In landmark cases like State v. Spady, 264 Neb. 99 (NE Supreme Court 2002), the Nebraska Supreme Court established that the decision to grant a set aside is entirely at the judge's discretion based on the offender's rehabilitation.

Step 3: How Long You Must Wait to File

Unlike expungements, there is no strict statutory waiting period measured in years before you can apply for a set aside. You can technically file the petition the exact day you are successfully discharged from probation or immediately after paying your final court fine. However, strategically, judges want to see a track record of good behavior. Filing immediately might work for a minor traffic misdemeanor, but for a Class IV felony, attorneys often recommend waiting 1 to 2 years after probation ends to build a solid portfolio of rehabilitation to present to the judge.

How Much Does it Cost?

Pursuing a set aside is an investment in your future earning potential. Here is a breakdown of the typical costs.

How Long Does the Process Take?

Once your attorney files the petition, the court will schedule a hearing. The county attorney is given notice and has the right to object to your petition. The time from filing the paperwork to standing before the judge at a court like the Hall County District Court, Grand Island is typically 4 to 8 weeks. If the judge approves your petition at the hearing, the order is signed immediately, and your criminal record is updated within a few days by the Nebraska State Patrol to reflect the set aside status.

Frequently Asked Questions (FAQ)