How to Get a Set-Aside in Nebraska — Step-by-Step Filing Guide

What a Set-Aside Gives You

A judicial set-aside is the most common form of record relief for Nebraska convictions. When a sentencing judge grants one under Neb. Rev. Stat. § 29-2264, the order nullifies the conviction and officially declares that you have been rehabilitated. It restores civil rights lost because of the conviction and gives you a court document to show employers and licensing boards.

The record itself stays visible on background checks — you will not disappear from the State Patrol database — but the set-aside notation tells anyone looking that a judge reviewed your case and determined you earned it.

Step 1: Get Your Records

Pull both your Nebraska State Patrol RAP sheet ($30.00 through the official portal or by submitting Form NSP 752) and a JUSTICE court database search ($17.00 online, or free at a courthouse terminal). Compare them to make sure every case shows the right disposition.

Contact the clerk of the sentencing court and get a zero-balance receipt confirming that all fines, court costs, restitution, and probation fees have been paid in full. Unpaid obligations are an absolute bar — the court will not hear your petition if anything is outstanding.

Step 2: Confirm You Qualify

Your conviction must meet all of these criteria:

• The sentence was probation, community service, a fine-only sentence, or jail of one year or less
• You have completed every term of the sentence in full
• You have no pending criminal charges anywhere
• The offense was not a sex offense requiring registration
• The offense was not a motor vehicle offense (this includes DUI/OWI)

If your conviction does not meet these requirements, a set-aside is not available. Your options are a pardon from the Nebraska Board of Pardons (with a 3-year wait for misdemeanors, 10 years for felonies) or, for non-conviction records, a sealing petition.

Step 3: Prepare Your Forms

You need two forms from the Nebraska Supreme Court's self-help page:

• Petition to Set Aside Criminal Conviction (Form CC 6:11): This is your formal request to the court. Fill in the exact case number, charge, sentencing date, and disposition as they appear on the court docket. Any mismatch can cause a rejection.
• Proposed Order Setting Aside a Criminal Conviction (Form CC 6:11.2): This is the document the judge will sign if your petition is granted. Submit it with the petition so the judge has it ready.

If you cannot afford the filing fee, also prepare the Affidavit and Application to Proceed Without Payment of Fees (Form DC 6:7.1) and the proposed Order to Proceed In Forma Pauperis (Form DC 6:7.2).

Step 4: File with the Sentencing Court

Submit your petition to the clerk of the county or district court where the original conviction was entered. Filing fees run $87.00 in county court and $144.00 in district court.

Before filing, call the clerk's office to verify local filing requirements. While the forms are standardized statewide, some courts have specific rules about electronic filing, fax submissions, or how many copies of the proposed order to include.

Step 5: Schedule the Hearing and Serve the Prosecutor

The process here depends on which court level your case is in:

County court: The clerk's office typically schedules the hearing automatically and mails notice to both you and the prosecuting attorney.

District court: You are responsible for contacting the judge's bailiff to get a hearing date, drafting and filing a Notice of Hearing (Form DC 1:15), and serving a copy of the petition and notice on the county attorney yourself.

Either way, the prosecuting attorney must receive formal notice and a copy of your petition. If the prosecutor is not properly served, the hearing will be continued or your petition will be denied.

Step 6: Testify at the Hearing

Arrive at least 15 minutes early. Check in with the courtroom clerk or bailiff and let them know you are representing yourself. Dress professionally.

When your case is called, approach the bench and take the oath to tell the truth. The judge will want to hear:

• How you completed your sentence — probation terms satisfied, fines paid, community service hours logged
• Evidence of rehabilitation — steady employment, stable housing, educational achievements, treatment programs completed, community involvement
• Why the set-aside matters — specific hardships the conviction has caused (job denials, housing rejections, licensing barriers)

Do not re-argue the underlying case or claim innocence. The set-aside is about rehabilitation, not a retrial.

If the prosecutor objects, listen without interrupting. When they finish, ask the judge for permission to respond and address the concerns with factual evidence. Stay calm and specific.

Step 7: After the Order Is Granted

If the judge grants your petition, submit the proposed order (CC 6:11.2) to the bailiff for the judge's signature. Get a certified copy from the clerk — you will need it.

The clerk enters the signed order into the state court computer system, which automatically notifies the State Patrol and relevant law enforcement agencies. Wait approximately four to six weeks, then run another name-based RAP sheet check ($30.00) to confirm the set-aside notation appears on your public record.

If private background check companies (Checkr, LexisNexis, etc.) still show the old unmodified record, mail them a certified copy of the court order and file a dispute under the Fair Credit Reporting Act.

The Nebraska Expungement & Record Sealing Guide covers the entire set-aside process with detailed hearing preparation, form-filling instructions, and a post-order verification checklist.

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