Neb Rev Stat 29-2264 — Nebraska Set-Aside Statute Explained

What Section 29-2264 Actually Says

Nebraska Revised Statute § 29-2264 is the state law that allows a person to petition the sentencing court to set aside a criminal conviction. In plain terms, it gives the judge discretion to issue an order declaring that you have been rehabilitated and that the conviction is "set aside and nullified."

The statute was designed for people who completed their sentences and demonstrated that they have moved past the offense. It is the most accessible form of record relief in Nebraska — but it has hard limits that the text of the statute defines precisely.

Who Is Eligible Under § 29-2264

The statute covers misdemeanor and felony convictions where the original sentence was:

• Probation (supervised or unsupervised)
• A fine-only sentence (no jail time imposed)
• Community service
• Jail of one year or less

You must have completed all terms of the sentence in full, including any supervision period. All court-ordered fines, administrative costs, restitution, and probation fees must be paid. If you still owe anything, you cannot file.

What the Statute Excludes

Section 29-2264 lists specific categories that are ineligible for a set-aside:

• Prison sentences exceeding one year. If your felony conviction resulted in incarceration beyond one year, this statute does not apply. Your only option is a pardon from the Nebraska Board of Pardons.
• Sex offenses requiring registration under the Nebraska Sex Offender Registration Act.
• Motor vehicle offenses. This is broader than people expect — it includes DUI/OWI, vehicular homicide, driving under suspension, and any offense classified under Nebraska's motor vehicle statutes.
• Pending charges. If you have active pending charges anywhere, you cannot petition for a set-aside until those cases are fully resolved.

The exclusion list is statutory and non-negotiable. A judge cannot grant a set-aside for an excluded offense regardless of how strong your rehabilitation evidence is.

What a Set-Aside Does Under This Law

When a judge grants a set-aside under § 29-2264, the order:

• Nullifies the conviction — the court recognizes that the finding of guilt is officially voided
• Restores civil rights lost because of the conviction, such as the ability to serve on a jury or hold certain public positions
• Creates a formal record of rehabilitation that employers and licensing boards can consider

What it explicitly does not do:

• It does not seal or hide the record. The conviction and the set-aside notation both remain visible on public background checks. Anyone searching your name through the Nebraska State Patrol RAP sheet or JUSTICE database will see the original conviction with a notation that it was subsequently set aside.
• It does not restore firearm rights. The statute specifically states that a set-aside does not restore the right to possess firearms for felony convictions or misdemeanor domestic violence convictions. This is a critical distinction — possessing a firearm after a set-aside can result in federal felony prosecution under 18 U.S.C. § 921(a)(20).

The Filing Process

Where to file: In the county or district court where the original conviction was entered.

Forms required:

• Petition to Set Aside Criminal Conviction (Form CC 6:11)
• Proposed Order Setting Aside a Criminal Conviction (Form CC 6:11.2)

Filing fees: $87.00 in county court, $144.00 in district court. If you cannot afford the fee, file the Affidavit and Application to Proceed In Forma Pauperis (Form DC 6:7.1) along with your petition.

Hearing: The court will schedule a hearing where you must appear and testify under oath. You need to demonstrate rehabilitation — stable employment, housing, community involvement, and any treatment completed. The county attorney has the right to object, and the judge makes the final decision.

No Statutory Waiting Period — But a Practical One

The text of § 29-2264 does not require you to wait any specific period after completing your sentence before filing. Technically, you can file the day after your discharge from probation or after paying your fine.

In practice, courts and legal aid clinics recommend waiting one to three years post-sentence. Judges look for a sustained record of rehabilitation, and filing immediately after discharge makes it harder to demonstrate that pattern. The practical waiting period is not a legal requirement — it is a strategic consideration.

County Court vs. District Court Under This Statute

The statute applies in both county and district court, but the procedural experience differs:

County court handles most misdemeanor convictions. Filing fees are $87.00, the clerk's office schedules the hearing and notifies the prosecutor automatically, and hearings tend to be less formal. Most straightforward misdemeanor set-asides happen here.

District court handles felony convictions and some misdemeanors that were charged at the district level. Filing fees are $144.00, and the petitioner is responsible for contacting the judge's bailiff to schedule the hearing, filing a separate Notice of Hearing (Form DC 1:15), and personally serving the prosecutor. The process requires more initiative from the petitioner than county court does.

You file in whichever court entered the original conviction — if your felony was heard in Douglas County District Court, that is where your set-aside petition goes, regardless of where you live now.

How § 29-2264 Fits into the Bigger Picture

The set-aside statute is one piece of Nebraska's record relief framework. If your conviction falls outside what § 29-2264 covers, the two remaining options are record sealing under § 29-3523 (for non-conviction records or pardoned offenses) and an executive pardon from the Board of Pardons.

A common misconception is that § 29-2264 and § 29-3523 are alternative paths to the same result. They are not. A set-aside under § 29-2264 changes the legal status of a conviction (nullified) but leaves it publicly visible. Sealing under § 29-3523 hides a record from public databases but is only available for non-convictions or pardoned offenses. For most people with an adult conviction, the set-aside is the accessible remedy — and understanding exactly what it does and does not accomplish under the statute prevents misplaced expectations.

The Nebraska Expungement & Record Sealing Guide covers all three pathways and walks through the § 29-2264 process form by form — including how to handle service of process, what to say at the hearing, and how to verify the set-aside is reflected on your State Patrol record afterward.

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