In the 21st century having a criminal record often has far-reaching negative consequences even if the record is for a relatively minor offense. If you are convicted of driving under the influence, even as a first time misdemeanor offense, it can have an impact on everything from your insurance rates to your eligibility for employment. Thankfully, under some circumstances you may be able to remove a DUI conviction in Nebraska.
Many, though not all, states in the United States allow certain criminal convictions to be removed from an individual’s criminal record. It may be referred to as “expunging”
a criminal record, “sealing” a criminal record, or as is the case in Nebraska “setting aside” a criminal record. If you qualify and your conviction is ultimately set aside it can be extremely advantageous.
In the 21st century, a criminal background check is done for just about everything from employment to housing applications. Any criminal conviction can knock you out of the running for a job, a rental property, or even a volunteer position at a child’s school. Nebraska allows certain individuals to file a Motion to Set Aside certain convictions, including a DUI conviction if you received probation (and successfully completed it) or a fine only as your penalty for the conviction. Filing a Motion does not guarantee that your conviction will be set aside though. Once your Motion is filed with the sentencing court a hearing date will be set. Ultimately, the judge will decide whether or not your conviction will be set aside based on evidence presented at the hearing.
If your conviction is set aside what does that mean? The good news is that if your DUI conviction is set aside most potential employers and landlords will not see the conviction when they run a criminal background check on you. Having a conviction set aside, however, does not mean that the record of your conviction is destroyed entirely. The conviction can still come back to haunt you if you are arrested again in the future, for example. In addition, the record of the conviction is still accessible to law enforcement, courts, and certain government agencies.
In today’s high tech world, successfully setting aside a DUI conviction will likely open up a significant number of job and housing opportunities. Just be sure to consult with your Nebraska DUI attorney to make sure that you understand the limitations of a set aside order as well.
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