Nebraska Board of Pardons — Application Process and What to Expect

What the Nebraska Board of Pardons Does

The Nebraska Board of Pardons is one of only three bodies in the country where the Governor, Attorney General, and Secretary of State all sit together to decide pardon applications. It is an executive clemency body — separate from the courts — and the only pathway for people whose convictions cannot be handled through a judicial set-aside.

If your conviction involved a prison sentence of more than one year, a sex offense, or a motor vehicle offense (including DUI), the courts cannot grant a set-aside under Neb. Rev. Stat. § 29-2264. The Board of Pardons is your only route to record relief. A full pardon also opens a second door that no other remedy can: the ability to petition a court to seal your conviction from public view.

Eligibility and Waiting Periods

Before you can submit an application, you must meet the Board's clean-record waiting periods:

• Misdemeanor convictions: 3 years of clean record after completing your entire sentence, including probation or parole
• Felony convictions: 10 years of clean record after completing your entire sentence

"Clean record" means zero law enforcement contact, no new arrests, and no new convictions of any kind during the waiting period. The clock starts on the date of your final discharge from all sentencing terms — not the date of conviction.

All court-ordered financial obligations must be fully satisfied before applying. Outstanding fines, restitution, or probation fees will result in your application being rejected.

What You Need for the Application

The Board requires a comprehensive application package:

• Certified court documents: Sentencing Order, Probation Order, and Release from Probation Order from the sentencing court's clerk
• Financial proof: Court receipts showing all fines, costs, and restitution paid in full
• Reference letters: At least three distinct character references from people who can speak to your rehabilitation — employers, community leaders, clergy, or mentors who have observed your conduct during the waiting period
• RAP sheet: A current Nebraska State Patrol criminal history record ($30.00)
• Personal statement: An explanation of why you are seeking a pardon and how the conviction has affected your life

There is no filing fee for the pardon application itself. The only direct costs are the $30.00 RAP sheet and any copying fees for certified court documents.

The Board Hearing

Once your application is accepted, you will be scheduled for a public hearing at the State Capitol in Lincoln. Be prepared to wait — the Board's administrative backlog means that the process from application to hearing typically takes two to five years.

At the hearing, you appear before the Governor, Attorney General, and Secretary of State (or their designees). You will present your case, describe your rehabilitation, and explain specifically why a pardon is necessary for your situation. The Board may ask questions about your employment, community ties, and what you have done since completing your sentence.

You do not need an attorney to appear before the Board, but the process is significantly more complex than a standard set-aside hearing. You are presenting to political officeholders who weigh public safety alongside rehabilitation — the standard is different from what a sentencing judge evaluates.

What a Pardon Does — and What It Does Not

A full pardon restores all civil rights lost because of the conviction, including the right to vote (though voting rights in Nebraska are now automatically restored upon completion of your sentence under Spung v. Evnen, regardless of pardon status).

A pardon does not automatically seal your record. After receiving a pardon, your conviction will still appear on background checks with a "Pardoned" notation. To remove it from public view, you must file a separate judicial Motion to Seal (Form CC 6:12) in the court where you were convicted. Only then does the record become invisible to employers, landlords, and screening companies.

Firearm rights are a special case. A standard pardon does not restore the right to possess firearms. Firearm rights can only be restored if the pardon order contains express, written authorization from the Governor to bear arms under Neb. Rev. Stat. § 83-1,130(2). If the pardon certificate does not include this specific language, you remain a prohibited person under both state and federal law — and possessing a firearm can result in federal felony prosecution under 18 U.S.C. § 921(a)(20).

When a Pardon Is the Only Option

The pardon pathway exists for situations the judicial set-aside statute was not designed to handle:

• Felony convictions with prison sentences exceeding one year
• Sex offenses requiring registration
• Motor vehicle offenses, including DUI/OWI
• Any case where the person needs complete record sealing (a set-aside leaves the record fully visible)
• Any case where firearm rights must be restored

Out-of-State and Federal Convictions

The Nebraska Board of Pardons can only act on state-level Nebraska convictions. If you have a federal conviction or a conviction from another state, the Nebraska Board has no jurisdiction over it. Federal convictions require a presidential pardon or a separate federal clemency process. Out-of-state convictions must be addressed through that state's own pardon or expungement system.

This distinction matters for people with records across multiple jurisdictions. A Nebraska pardon will not affect your Iowa conviction, and an Iowa expungement will not affect your Nebraska record. Each jurisdiction must be handled independently.

The Realistic Timeline

The full pardon-to-sealing pathway is the longest process in Nebraska record relief. Here is what it typically looks like end to end:

1. Complete your sentence and begin the clean-record waiting period (3 years for misdemeanors, 10 years for felonies)
2. Gather documents and submit your pardon application (weeks to months of preparation)
3. Wait for the Board to schedule your hearing (2 to 5 years in the current backlog)
4. Attend the hearing at the State Capitol
5. If granted, file a Motion to Seal (Form CC 6:12) in the sentencing court and attend that hearing
6. Wait for databases to update (4 to 6 weeks after the sealing order)

From sentence completion to a fully sealed record, the realistic timeline is five to eight years for a misdemeanor pardon and twelve to fifteen years for a felony. It is a long road — but for convictions that cannot be addressed through a set-aside, it is the only one.

The Nebraska Expungement & Record Sealing Guide covers the full pardon process alongside set-asides and sealing — including how to prepare your application package, what to say at the Board hearing, and the step-by-step process for filing the post-pardon sealing motion.

See more Nebraska guides →