The Nebraska Constitution creates a Board of Pardons that has the power to grant respites, reprieves, pardons, commutations, warrants of discharge, and to remit fines and forfeitures.
A pardon is defined as formal forgiveness granted by the Board of Pardons that restores the applicant’s civil rights. The Board of Pardons cannot grant a pardon for the offense of treason or cases of impeachment.
Individuals eligible for a pardon must file a Nebraska pardon application with the Board of Pardons. The Board will consider the application and conduct additional investigations if necessary.
The applicant must also submit letters that verify their good character from citizens of their community. Other Nebraska pardon requirements are discussed in detail below.
A pardon is granted by a majority vote of the Board, and the Board is not required to provide a reason if they decide to deny a pardon application.
If you need to know how to apply for a pardon in Nebraska, contact Petersen Criminal Defense Law today. Our team has decades of experience fighting for the rights of those with misdemeanor and felony convictions.
Since our founding in 1995, Petersen Criminal Defense Law has navigated more than 6000 Nebraska criminal cases.
How to Pardon a Felony in Nebraska
If you have a felony conviction, you are eligible for a pardon 10 years from the final discharge of your sentence, including the payment of all fines and restitution.
That means 10 years must pass after the completion of your sentence, including any probation term, parole term, or supervised release period. Once you reach eligibility, you can file your pardon application with the Board of Pardons.
Along with the application, the Board requires at least three character letters and copies of court documentation to verify the completion of your sentence. You must also include a receipt indicating you paid all of your court costs and fines.
After its investigation, the Board will accept or reject the application. The Board will schedule an accepted pardon application for a hearing. Typically, any victims will receive a notification about the pardon hearing and can testify.
How to Pardon a Misdemeanor in Nebraska
The misdemeanor pardon process in Nebraska operates the same as the felony pardon process.
However, if you have a misdemeanor conviction, you are eligible for a pardon three years from your final discharge, including paying off any fines and restitution. Any person who receives a pardon can file a motion with the sentencing court to seal their criminal record.
What Happens If a Pardon Is Granted?
A pardon restores any civil rights you lost due to your conviction. This includes the right to vote, the right to hold public office, the right to carry a firearm, the right to hold certain occupational licenses, and the right to serve in the military.
A pardon does not erase the conviction from your criminal record. The conviction will still appear when someone runs a background check.
However, the restrictions imposed by a felony conviction will no longer impact you. In the case of felony convictions, the Board may empower the Governor to authorize the applicant to receive, possess, or transport a firearm.
An attorney can help you by representing your side of the argument during the pardon hearing and demonstrating why restoring your rights would benefit society as a whole.
Is the State and Federal Pardon Process the Same?
No, Nebraska’s pardon process is different from the pardon process for federal crimes. In Nebraska, the Board of Pardons exercises pardon authority. The U.S. President exercises pardon authority for the federal government.
Need to Know How to Pardon a Felony in Nebraska? Contact Petersen Criminal Defense Law Today
A seasoned criminal defense attorney can help strengthen your pardon application and maximize your chance of regaining your rights.
Our team at Petersen Criminal Defense Law understands the limitations imposed by a criminal conviction and knows what it takes to present a strong argument for a pardon.
Contact our office today to schedule a free initial consultation with a member of our criminal defense team. We look forward to hearing from you.
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