Conviction for drunk driving has serious and far-reaching consequences. With the DUI on your driving record, you may be ineligible for jobs that require you to use a company car. Your auto insurance will be more expensive and future employers can see your criminal record so you may be disqualified from some career opportunities. Because of the consequences that are associated with a drunk driving conviction, many people are interested in finding ways to get the conviction off their record.
One option that is frequently considered is to seek a pardon of a DUI conviction. Pardon of a DUI conviction may be possible under limited circumstances in order to help you to restore the rights lost after a conviction. However, a pardon is not necessarily available in every case. An experienced Omaha drunk driving lawyer can help you when you are initially charged with driving drunk so you will be able to try to avoid conviction and a criminal record. If you already have been found guilty of drunk driving, your attorney can help you to determine if a pardon might be an option for you.
When is Pardon of a DUI Conviction Possible?
The Nebraska Board of Pardons Office accepts applications for pardons for convictions of drunk driving charges under Nebraska state law. Applications are processed in the order that they are received. When you submit an application to the Board of Pardons, the board does a thorough investigation to determine if your request should be accepted for a hearing. If so, you will need to be in attendance for the hearing, which are generally held quarterly in the months of March, June, September and December. The notice of the hearing will appear in state and county newspapers and people may appear to testify in support or in opposition to your application for a pardon.
The Board of Pardons may consult with the Board of Parole on your application if you received prison time and the Board will make a decision based on information presented in your application and at the hearing. Unfortunately, the website of the Nebraska Board of Pardons suggests that pardon of a DUI conviction may not be granted. According to the website, the Board has the “authority to accept or deny an application for any reason or no reason at all.” The Board of Pardons also makes clear it “takes Driving While Intoxicated, Driving Under The Influence, and Driving Under Suspension very seriously.” The Board typically does not want to pardon a DUI conviction or have the conviction exempt from your criminal history. This is because these types of convictions may be enhanced, and a past history of conviction results in more serious penalties for 15 years.
A pardon may also be sought from the Omaha mayor if your conviction was under a local Omaha ordinance against drunk driving rather than under the state statute. A pardon request form would need to be submitted to become eligible for pardon of a DUI conviction.
Call today to schedule a consultation and learn more.
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