Last updated:  November 15, 2024

I.  Loss & restoration of civil/firearms rights 

A.  Vote

Under the Nebraska Constitution, a person loses the right to vote upon conviction of a felony unless “restored to civil rights.”  Neb. Const. Art. VI, § 2.   Neb. Rev. Stat. § 29-112 provides that a person convicted of a felony loses the right to vote, to serve on a jury, and to hold “any office of honor, trust or profit.”  As amended in 2024 by LB20, § 29-112 provides that the right to vote is restored automatically when a disqualified person “has completed the sentence, including any parole term.” See also § 29-2264(1) (voting rights restored to probationers “upon completion of probation”). Prior to their amendment in 2024 by LB20, these statutes required a two-year waiting period after completion of sentence before the vote would be restored. Prior to the earlier amendment of § 29-112 in 2005, restoration of the vote depended, like restoration of office and jury eligibility, upon receipt of a full pardon or a “warrant of discharge” from the state Board of Pardons.  

The removal of the two-year waiting period — and indeed the automatic restoration provisions in § 29-112 enacted in 2005 – were declared an unconstitutional usurpation of the pardon power by the Nebraska Attorney General in Opinion 2024-4. But on October 16, 2024, the Nebraska Supreme Court declined to follow this interpretation, concluding in a per curiam opinion that “the respondents have not established that the re-enfranchisement provisions of L.B.20 are unconstitutional.” The court therefore directed that the state implement the new law.  See State ex rel Spung v. Evnen, slip op. at 317 Neb. 800, 810 (October 16, 2024). Three of the court’s seven justice dissented, and one dissented in part, but this was not enough to invalidate the legislature’s action. and the mandamus issued.¹  See also Neb. Rev. Stat. § 29-112.01 (“Any person sentenced to be punished for any felony, when the sentence is other than confinement in a Department of Correctional Services adult correctional facility, shall be restored to such civil rights as enumerated or limited by the Board of Pardons upon receipt from the Board of Pardons of a warrant of discharge, which shall be issued by such board upon receiving from the sentencing court a certificate showing satisfaction of the judgment and sentence entered against such person.”) Individuals sentenced to prison are informed of their right to vote by the Parole Board upon completion of supervision. See Neb. Rev. Stat. § 83-1,118(4), as amended in 2024 by LB20. 

By virtue of LB20, the right to vote is restored to out-of-state offenders on the same terms as Nebraska offenders.  Thus, “Any person who has been convicted of a felony under the laws of any other state is not qualified to vote until such person has completed his or her sentence, including any parole term.” Neb. Rev. Stat. § 29-113 (as amended by LB20).  This provision has been interpreted by the Board of Elections to apply to federal offenders as well.  

B.  Jury & public office

Under the Nebraska Constitution, a person convicted of a felony may not hold any office of profit or trust unless “restored to civil rights.”  Neb. Const. Art. XV, § 2.  The right to serve on a jury and hold public office are restored by a “warrant of discharge” issued by the Board of Pardons.  Neb. Rev. Stat. § 29-112: “Any person sentenced to be punished for any felony, when the sentence is not reversed or annulled, is incompetent to be a juror or to hold any office of honor, trust, or profit within this state, unless such person receives from the Board of Pardons of this state a warrant of discharge, in which case such person shall be restored to such civil rights and privileges as enumerated or limited by the Board of Pardons. The warrant of discharge shall not release such person from the costs of conviction unless otherwise ordered by the Board of Pardons.”  Individuals sentenced to prison are informed of their right to regain other civil rights through the pardon process.  See Neb. Rev. Stat. § 83-1,118(4), as amended in 2024 by LB20.  In the case of an individual sentenced to a non-prison sentence, a warrant of discharge restoring jury and office rights is issued by the Pardon Board automatically.  See Neb. Rev. Stat. § 29-112.01 (warrant “shall be issued by such board upon receiving from the sentencing court a certificate showing satisfaction of the judgment and sentence entered against such person”).

A person convicted of a felony under the laws of any other state is restored to jury and office-holding rights “under the laws of the state in which the felony was committed.”  § 29-113.  

C.  Firearms rights

Long gun and handgun rights are lost upon conviction of a felony.  Neb. Rev. Stat. §§ 28-1206(1), (2).  Firearms rights may be regained only through a pardon, and then only if the Board of Pardons empowers the governor to “expressly” authorize a pardoned individual to receive, possess, or transport guns in commerce.  § 83-1,130(2).

II.  Pardon policy & practice

A.  Authority

The authority to grant pardons is vested in the Board of Pardons, which is composed of the governor, secretary of state, and attorney general.   Neb. Const. art. IV, § 13; Otey v. State, 485 N.W.2d 153, 163 (Neb. 1992).  The governor acts as chair.  Neb. Rev. Stat. § 83-1,126.  The scope of the pardon power is set forth in Neb. Rev. Stat. § 83-170(10).  The Board of Pardons is not subject to the Nebraska Administrative Procedure Act, and its constitutional powers cannot be limited or modified by any act of the legislature or of the Nebraska courts.  Neb. Rev. Stat. § 83-1,134; FAQ, Neb. State Bd. of Pardons. The Board has the power to (1) remit fines and forfeitures, (2) grant respites, (3) grant reprieves, (4) grant pardons, and (5) grant commutations, in all cases of conviction for offenses against the laws of the State of Nebraska, except for treason and cases of impeachment.  Neb. Const. art. IV, § 13.  The Board of Parole may advise the Board of Pardons “on the merits of any application . . .  but such advice shall not be binding on them.”  Id.; Neb. Rev. Stat. § 83-194; see also 270 Neb. Admin. Code ch. 3, § 009. 

B.  Eligibility

For felonies, the eligibility waiting period is ten years from final discharge, including payment of fine and restitution; for misdemeanors, the waiting period is three years.  See Neb. State Bd. of Pardons, Pardon Board Application (“It is the usual practice in the granting of pardons to hear only those misdemeanor cases where three (3) years has elapsed and those felony cases where ten (10) years has elapsed upon completion of sentencing, including any probation, supervised release, or parole term, with no further law enforcement contacts or court convictions within the waiting period.”).  In the case of misdemeanants sentenced to probation, the Board will consider a petition three years after sentencing.  Persons convicted under federal law or the laws of another state are ineligible for a gubernatorial pardon or a discharge.  See Part I, supra.

C.  Effect

A pardon restores civil rights lost due to a felony conviction, including the right to vote, the right to be a juror, the right to hold public office, the right to bear arms, and the right to hold certain occupational and professional licenses (Liquor and Public Health and Welfare Licenses).  See FAQ, Neb. State Bd. of Pardons. But see Neb. Rev. Stat. § 83-1,130(2) (Board may give governor alone authority to “expressly” restore gun rights to a person convicted of a felony and later pardoned.  It is not clear whether a person convicted in another state may avail himself of the Board’s restoration procedure, or whether that person must instead have his rights restored in the jurisdiction of conviction in order to regain state firearms privileges in Nebraska (and presumably avoid liability under federal law as well, 18 U.S.C. § 921(a)(20)).

Sealing the record:  A 2018 law authorizes any person who has received a pardon to file a motion with the sentencing court for an order to seal the record. See Sec. 2, SB 1132 (2018), codified at Neb. Rev. Stat.§§ 29-3523(5).  “Upon a finding that the person received a pardon, the court shall grant the motion and issue an order as provided in subsection (7) of this section.”  See Part IIB, below.

D.  Process

After a person files his pardon application, the Board of Pardons will consider the application and conduct further investigation as it deems appropriate; thereafter, the Board makes the decision to grant or deny relief by majority vote.  See Neb. Rev. Stat. §§ 83-1,130(1), (3); see also § 83-1,128 (enumerating the powers of the Board).  The Board of Pardons holds open hearings quarterly, and the entire process takes about one year.  Policy and Procedure Guidelines, Neb. State Bd. Pardons, § 003.01. See also Pardon Application Instructions. “The Board may grant or deny any application, in whole or in part, without a hearing,” but “[i]t is the Board’s general policy . . . not to grant applications for pardons or commutations of sentences without a hearing.”  Id. § 004.02.  The application form may be obtained from the Board and must be accompanied by several letters “verifying the applicant’s good character from citizens of the community where the applicant has resided.”  See Pardon Application Instructions, supra. 

The Board has subpoena power, and perjury before the Board will subject the perjurer to criminal penalties.  Policy & Procedure Guidelines, supra at § 004.03; Neb. Rev. Stat. § 83-1,128.  Any hearing must be informal, but a complete record must be kept.  Policy & Procedure Guidelines, supra at § 004.03.D; Neb. Rev. Stat. § 83-1,129(3).  The victim must be notified if the Board grants a hearing to an applicant convicted of a crime against a person.  Policy and Procedure Guidelines, supra at § 004.03 A.

The Board may, after a pardon has been granted for a felony offense, “empower the Governor to expressly authorize such person to receive, possess, or transport in commerce a firearm.”  Neb. Rev. Stat. § 83-1,130(2); see also Part II, Effect, supra.  There is no provision for giving reasons.  The pardon application form is available at https://pardons.nebraska.gov/pardon-application.

E.  Reprieves from driver’s license revocations

The Board also considers applications for reprieves from those subject to lifetime or 15-year driver’s license revocation for third or subsequent DUI/DWI offense. Eligibility waiting period is 7 years, with no intervening convictions of any kind, and proof of sobriety for seven years.  The application for reprieve is made to the DMV, which reviews it and forwards it to the Board of Pardons. If the Board grants a reprieve, a Nebraska resident may drive a vehicle equipped with an ignition interlock device (BAIID) after applying for an ignition interlock permit (IIP). A non-resident must contact his home state to determine his driving eligibility.  See http://www.dmv.ne.gov/legal/pardons.html.

F.  Frequency of grants

Between 50 and 100 pardons are granted every year, both with and without firearms rights restored. Hearings are held at regular quarterly intervals, approving between 50% and 75% of the cases in which a hearing is held. Between 2017 and 2021 hearings were irregular, and for several years the Board’s practices have been the source of controversy with the legislature. See, e.g., Yanqi Xu, After Heat from State Leaders Nebraska’s Parole Board Shows Up, Flathead Free Press, May 5, 2023; Joanne DeYoung, Bill Would Force Nebraska Pardons Board to Meet and Consider Applications, Lincoln Journal Star, April 27, 2020.² 

G.  Contact

Nebraska Board of Pardons
P.O. Box 94754
Lincoln, NE 68509-4754
402-540-2609 (phone)
402-471-2453 (fax)
http://www.pardons.state.ne.us/

III.  Expungement, sealing & other record relief

A.  Judicial set-aside of convictions

Neb. Rev. Stat. § 29-2264(2) permits a person sentenced to probation, to pay a fine only, or to community service, to petition the sentencing court to “set aside” the conviction upon “after satisfactory fulfillment of the conditions of probation for the entire period or after discharge from probation prior to the termination of the period of probation and after payment of any fine and completion of any community service.” In 2020, LB 881 added § 29-2264(3), which, for the first time, allows a person sentenced to a term of imprisonment of one year or less, to also petition the sentencing court to “set aside” the conviction, so long as: they have completed the sentence; no charge is currently pending against them; they are not required to register under the Sex Offender Registration Act; the offense was not vehicular homicide; and they were not denied a set-aside within the previous two years. These provisions apply without regard to the date of the conviction sought to be set aside. § 29-226(9)

“In determining whether to set aside the conviction, the court shall consider the behavior of the offender after sentencing; the likelihood that the offender will not engage in further criminal activity; and any other information the court considers relevant.”  § 29-2264(4).  “The court may grant the offender’s petition and issue an order setting aside the conviction when in the opinion of the court the order will be in the best interest of the offender and consistent with the public welfare.”  § 29-2264(5).  Set-aside “nullifies” the conviction and removes “all civil disabilities and disqualifications imposed as a result of the conviction,” and the order must “n]otify the offender that he or she should consult with an attorney regarding the effect of the order, if any, on the offender’s ability to possess a firearm under state or federal law.” Id.  See also § 29-2264(1) (Order on completion of probation “shall include information on restoring other civil rights through the pardon process, including application to and hearing by the Board of Pardons.”).³  The “civil disabilities” relieved by a pardon are listed in the Frequently Asked Questions of the Nebraska State Board of Pardons, and they include firearms dispossession and a variety of licensing bars. 

With one recently authorized exception, a set-aside does not seal or expunge the record of conviction (see below for “sex trafficking” victims).  A conviction that has been set aside may be used as a predicate offense and to enhance a subsequent sentence, to impeach a witness, and to deny or revoke a law enforcement training certification, and for several other listed uses.  §§ 29-2264(6)(b) through (n).  A set-aside also does not relieve the obligation to register as a sex offender, § 29-2264(j). See Part IIA above. 

B.  Set-aside and sealing for human trafficking victims

In 2018, the legislature authorized the sentencing court, on motion, to set aside “(a) a prostitution-related offense committed while the movant was a victim of sex trafficking or proximately caused by the movant’s status as a victim of sex trafficking or (b) any other offense committed as a direct result of, or proximately caused by, the movant’s status as a victim of sex trafficking.” “Any order setting aside a conviction or an adjudication under this section shall have the same effect as an order setting aside a conviction as provided in subsections (5) and (6) of section 29-2264,” except that sealing is also available upon petition.  See Neb. Rev. Stat.§§ 29-3523(4). Sec. 2, LB 1132. Courts must adhere to the requirements of § 29-3523(7) after granting a motion to seal records of human trafficking convictions.  (See section on sealing of non-conviction records, infra.)

C.  Sealing of pardoned convictions 

Under 2018 amendments to § 29-3523, any person who has received a pardon may file a motion with the sentencing court for an order to seal the records. “Upon a finding that the person received a pardon, the court shall grant the motion and issue an order as provided in subsection (7) of this section.”  Neb. Rev. Stat.§§ 29-3523(5).  Sec. 5, LB 1132. Courts must adhere to the requirements of § 29-3523(7) after granting a motion to seal.  (See section on sealing of non-conviction records, infra.)

D.  Sealing of deferred judgments 

In 2019, Nebraska authorized deferred judgments: “Upon a finding of guilt for which a judgment of conviction may be rendered, a defendant may request the court defer the entry of judgment of conviction.” Neb. Rev. Stat. § 29-2292.  The defendant must be eligible for probation; domestic violence and DUI offenses are excluded.  Id.  Upon satisfactory completion of probation and payment or waiver of fees, the plea may be withdrawn, and the case dismissed.  Id.  The records are automatically sealed under the non-conviction sealing statute.  § 29-3523(3)(c).

Pretrial diversion managed by prosecutors:  Neb. Rev. Stat. § 29–3602 authorizes county attorneys to establish post-charge pre-trial diversion programs for persons charged with “criminal offenses and minor traffic violations” as “an alternative to traditional criminal justice proceedings” which may result in automatic sealing.  § 29-3523(3)(c).  

E.  Sealing of non-conviction records

Criminal history information from cases not resulting in conviction is automatically removed from the public record and available only to law enforcement. Neb. Rev. Stat. § 29-3523.⁴

In cases where the prosecuting attorney decides not to file charges, records are removed one year after arrest; records where charges were not filed because of completed diversion are not available to the public after two years; and records where charges were filed but later dismissed by the court, including in cases of acquittal and successful drug court program completion, are removed from the public record immediately. Neb. Rev. Stat. § 29-3523(3). 

A 2016 amendment to § 29-3523 added a provision requiring the court, “upon acquittal or entry of an order dismissing a case” to send notice to state records repository, law enforcement agencies and city and county attorneys, that any information pertaining to the case should be “sealed” and not disseminated to persons other than criminal justice agencies.  § 29-3523(7).   A person may not be questioned about a sealed record in various contexts:  

in any application for employment, bonding, license, education, or other right or privilege, any appearance as a witness, or any other public inquiry, a person cannot be questioned with respect to any offense for which the record is sealed. If an inquiry is made in violation of this subsection, the person may respond as if the offense never occurred. 

§ 29-3523(8).  In 2018 the legislature clarified via LB 1132 that the sealing provisions apply retroactively to pre-2017 cases.  Neb. Rev. Stat. § 29-3523(6).⁵

The 2016 law includes a provision limiting consideration of non-conviction records in employment and licensing (see Part III below).

Penalties for unauthorized disclosure:  Unauthorized dissemination of non-disclosable criminal history information is a Class IV misdemeanor.  Neb. Rev. Stat. § 29-3527.  Any person may file an action to compel compliance, including but not limited to mandamus.  78 Neb. Admin. Code Ch. 3, § 009 (2013).

F.  Expungement of arrest records resulting from error

Any person arrested due to the error of a law enforcement agency may file a petition with the district court for an order to expunge the criminal history record information related to such error….  The county attorney shall be named as the respondent and shall be served with a copy of the petition.  The court may grant the petition and issue an order to expunge such information if the petitioner shows by clear and convincing evidence that the arrest was due to error by the arresting law enforcement agency.

Neb. Rev. Stat. § 29-3523(6).

G.  Sealing of juvenile records

Juvenile sealing is authorized by Neb. Rev. Stat. §§ 43-2,108.01 through 43-2,108.05.  

Eligibility:  Juvenile sealing provisions apply to a person who was under the age of 18 when the offense took place and—after being taken into custody, arrested, cited, or referred for prosecution—was either: (1) released without the filing of a juvenile petition or criminal complaint; (2) offered juvenile pretrial diversion or mediation; (3) had a juvenile court petition filed under § 43-247(1), (2), (3)(b) or (4); (4) had a criminal complaint filed in county court under state statute or city or village ordinance for misdemeanor or infraction possession of marijuana or drug paraphernalia; (5) had a criminal complaint filed in county court for any other misdemeanor or infraction under state statute or city or village ordinance, other than a traffic offense that may be waived; or (6) had a criminal complaint filed in county or district court for felony under state law or a city or village ordinance that was subsequently transferred to juvenile court. § 43-2,108.01; LB 354 (2019).  

Notice:  Prosecutors must inform juveniles (covered by § 43-2,108.01, as described above), in writing that they or their parent or guardian may file a motion to seal when the person has satisfactorily completed diversion, mediation, probation, supervision, or other treatment or rehabilitation program or has satisfactorily completed the diversion or sentence ordered by a county court, as well as what sealing means. § 43-2,108.02. By January 1, 2020, the state Supreme Court must promulgate a new written notice that states in “developmentally appropriate language”: 

(a) that for a juvenile described in § 43-2,108.01, the juvenile’s record will be automatically sealed if:
(i) no charges are filed as a result of the determination of prosecutor,
(ii) the charges are dismissed,
(iii) the juvenile has satisfactorily completed juvenile diversion, mediation, probation, supervision, or other treatment or rehabilitation program, or
(iv) the juvenile has satisfactorily completed the county court diversion program, court-ordered probation, or the sentence imposed;
(b) that if the record is not sealed as provided above, the juvenile or their parent or guardian may file a motion to seal the record when the juvenile reaches the age of majority or six months have passed since the case was closed, whichever is sooner; and
(c) what sealing the record means.  

§ 43-2,108.02; LB 354 (2019).  

Automatic and petition-based sealing:  Most juvenile records are subject to automatic sealing. A government agency or court holding juvenile records must “immediately seal all records” when it receives notice of one of the following: (1) that no juvenile petition or criminal complaint was filed against a juvenile described in §43-2,108.01 (the prosecutor must notify the law enforcement agency that no petition or complaint was filed; and—effective three months after the legislature adjourns in 2019—the prosecutor must notify the juvenile and provide the required § 43-2,108.02 notice, and if the record is not automatically sealed, the juvenile may notify the prosecutor, who must cause the record to be sealed); (2) that the juvenile has satisfactorily completed the diversion or mediation (the prosecutor must notify the law enforcement agency of completion; and—effective three months after the legislature adjourns in 2019—the prosecutor must provide the required § 43-2,108.02 notice at the time the juvenile is offered diversion or mediation, and provide notice to the juvenile of or unsatisfactory completion of diversion or mediation, and if a juvenile who was satisfactorily discharged discovers that the was not automatically sealed, the juvenile may notify the prosecutor, who must cause the record to be sealed); or (3) that charges were filed but later dismissed and any required pretrial diversion or mediation for any related charges have been completed and no related charges remain (the prosecutor must notify the law enforcement agency and—effective three months after the legislature adjourns in 2019—if the record is not automatically sealed, the juvenile may notify the court to do so).  §§ 43-2,108.02(1)-(3); LB 354 (2019). In addition, juveniles may petition for sealing after successful completion of juvenile probation, supervision, or other treatment or rehabilitation program, or a county court probation or sentence. Effective three months after the legislature adjourns in 2019, the court must automatically seal such records—and if a juvenile discovers that the record was not sealed, the juvenile may notify the court to do so. § 43-2,108.02(4); LB 354 (2019). Also effective on that date, when a juvenile (described in § 43-2,108.01) whose records have not been automatically sealed, reaches age 18 or six months have passed since the case was closed, whichever is sooner, the juvenile or their parent or guardian may file a motion to seal the record, setting forth facts supporting a showing of rehabilitation. LB 354 (2019).  

Petition process and criteria:  When a motion to seal is brought, the court must promptly notify he prosecutor (and the Department of Health and Human Services if the juvenile is a ward of the state or the department was a party in the proceeding), and they may respond within 30 days. §§ 43-2,108.04(1)-(2).  If no objection is filed, effective three months after the legislature adjourns in 2019, the court must grant the petition (under existing law the court may decide under its discretion whether to hold a hearing).  § 43-2,108.04(3).  If an objection is filed, the court must hold a hearing with 60 days, and may order the record sealed if it finds that “the juvenile has been rehabilitated to a satisfactory degree,” considering a number of factors listed in the statute.  §§ 43-2,108.04(4)-(5).  

Effect:  Sealing allows the juvenile to proceed as if the offense had never occurred. § 43-2,108.05(1). Sealed juvenile records may only be inspected for uses authorized by statute including: by the court for good cause, by the court or prosecutor to collect parental support or obligation balances under § 43-290, by the probation system or Department of Health and Human Services for various functions, by the subject of the record, by a party in a civil action based on the sealed matter, and by a law enforcement agency if the person applies for employment with the agency.  §§ 43-2,108.05(2)-(6).

III.  Criminal record in employment & licensing

A.  Ban-the-Box in public employment

A public employer may not ask about an individual’s criminal history until the employer “has determined the applicant meets the minimum employment qualification.” Neb. Rev. Stat. § 48-202(1).  This does not apply to police employment, to positions requiring a background check, or positions for which a criminal record is disqualifying.  The law provides that an employment application may state “conspicuously . . . that a criminal records check is required by federal or state law or the employer’s policy.” § 48-202(3)(b),

B.  Inquiry into sealed records in employment and licensing  

The 2016 amendment to Neb. Rev. Stat. § 29-3523 added a provision prohibiting inquiry into a sealed record (non-conviction or juvenile) in the context of employment or licensure: 

In any application for employment, bonding, license, education, or other right or privilege, any appearance as a witness, or any other public inquiry, a person cannot be questioned with respect to any offense for which the record is sealed. If an inquiry is made in violation of this subsection, the person may respond as if the offense never occurred.

      § 29-3523(5). 

C.  Consideration of criminal history in licensing  

Until recently, Nebraska had no general law regulating consideration of criminal history in employment or occupational licensure.  Since then, Nebraska has enacted two major pieces of relevant legislation, one in 2018 and a second in 2024.

In 2018, Nebraska enacted the Occupational Board Reform Act, which established the policy of the state “to protect the fundamental right of an individual to pursue a lawful occupation…” which includes “the right of an individual with a criminal history to obtain an occupational license, government certification, or state recognition of the individual’s personal qualifications.” LB 299, Sec. 14(1), 15(1), codified at Neb. Rev. Stat. §§ 84-946(1), 84-947(1).  The new law also established as state policy to use the “least restrictive regulation which is necessary to protect consumers from undue risk of present, significant, and substantiated harms that clearly threaten or endanger the health, safety, or welfare of the public . . . ” Neb. Rev. Stat. § 84-946(2)

In furtherance of these policies, individuals may submit a preliminary application for an occupational license at any time, including prior to obtaining required education or paying any fee (other than the preliminary application fee, which cannot exceed $100, see § 84-947(7)), for a determination of whether the individual’s criminal conviction would disqualify the individual from licensure. § 84-947(2)(a). The licensing board must issue a determination in writing within 90 days that includes “findings of fact and conclusions of law.”  § 84-947(3),(4). The individual may include with the preliminary application “additional information about the individual’s current circumstances, including the time since the offense, completion of the criminal sentence, other evidence of rehabilitation, testimonials, employment history, and employment aspirations.” The board may advise the applicant of ways to remedy a disqualification, and may rescind a determination upon finding subsequent disqualifying criminal convictions. § 84-947(5).  Individuals denied must wait two years before reapplying, except when they have taken remedial action the waiting period is six months. § 84-947(6).⁶

The Act also requires each standing committee of the Legislature, beginning in 2019, to annually review the regulations of licensing boards within its jurisdiction and submit an annual report on the number of certifications, licenses and registrations the board has issued, revoked, denied, or assessed penalties against, and the reasons for these actions, such that all occupational regulations under the committee’s jurisdiction are reviewed, reported upon, and recommendations given, every five years. § 84-948.  The report must include a comparison of how other states regulate the occupation.

2024 reforms

The 2018 reform did not require a licensing board to apply any standard or relationship between the conviction and the license. This changed in 2024, when Nebraska enacted LB 16, which permits licensing agencies to disqualify applicants for licensure only if a three-pronged test is satisfied: 

1) If their conviction “directly and specifically relates to the duties and responsibilities of the occupation;”

2) If obtaining a license “would pose a direct and substantial risk to public safety because the individual has not been rehabilitated; and (effective on January 1, 2025),

3) If their conviction was for one of 28 “potentially disqualifying” violent and sexual crimes listed in Neb. Rev. Stat. § 84-941.01. 

Neb. Rev. Stat. § 84-949(1). See generally LB 16, Sec. 10(2), codified at Neb. Rev. Stat. § 84-934 et seq. (incorporating substantial provisions of LB16). 

Further, the 2024 Act prevents licensing agencies from considering or requiring individuals to disclose arrests that did not result in a conviction, participation in diversion programs, deferred adjudications, convictions that have been sealed, expunged, set aside, or pardoned, juvenile adjudications, convictions with no statutory penalty of incarceration, convictions older than 3 years that carried no prison sentence, and prison sentences that ended more than 3 years prior, excluding potentially disqualifying convictions. § 84-949(3).

Nebraska’s preexisting “preliminary application” process (described above) was also amended to include the new three-prong test. In addition, as part of that process, boards are now required to consider additional “mitigating factors,” including an individual’s age at the time of the offense, progress reports from an applicant’s probation or parole officer, or any “family responsibilities.” § 84-947(3).

The 2024 Act exempts many licensed professions from its provisions, as well as the preliminary determination provisions of the 2018 law, including occupations regulated by the Department of Banking and Finance, the State Real Estate Commission, the Nebraska Supreme Court, the Nebraska Commission on Law Enforcement and Criminal Justice, and the boards governing engineers, architects, electricians, geologists, and appraisers. Licenses for various insurance professions, CPAs, professional landscape architects, physicians, and osteopathic physicians are also excluded. Sec. 9 of LB 16, codified at Neb. Rev. Stat. § 84-946.01. 

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1. The constitutionality of legislative attempts to restore the right to vote had been called into question in Nebraska courts and by its executive officials over a 20-year period, a history that was invoked by both the dissenting and concurring justices.  See, e.g., Ways v. Shively, 264 Neb. 250 (2002); State v. Spady, 264 Neb. 99, 103, 645 N.W.2d 539, 542 (2002). Prior to 2005, § 29-112 required a warrant of discharge issued by Board of Pardons to restore civil rights and privileges, including voting rights, to a person convicted of a felony. In the Shively decision, the Supreme Court of Nebraska construed § 29-112 together with a newer automatic restoration provision, Neb. Rev. Stat. § 83-1,118(5) (Reissue 1999), concluding that the more specific provisions of § 29-112 controlled the conditions under which a convicted person’s right to vote was restored.  Id.  Following the Shively decision, § 29-112 was amended to make clear that pardon is the exclusive means of restoring civil rights.  It was amended again in 2005 to restore the right to vote automatically to all offenders two years following completion of sentence, and this 2005 amendment does not appear to have been challenged until the 2024 Attorney General opinion. In April 2017 Governor Pete Ricketts vetoed a bill that would have amended § 29-112 to restore the vote automatically upon completion of sentence, taking the position that the Constitution must first be amended before voting rights can be restored. “While the legislature may restore certain privileges, such as driving privileges, to convicted felons, the legislature may not circumvent the Nebraska Constitution to automatically restore a voting right in state law.”  It is not clear how this position can be reconciled with the statutory restoration provision in § 29-112 enacted in 2005.
2. For example, in 2018 only three hearings were held and only one pardon was granted (12 denied), and in 2019 only two hearings were held and only seven pardons granted (67 pardons denied), during a period when more than 500 applications were filed.
3.   A 2002 decision of the Nebraska Supreme Court upheld the judicial set-aside authority against constitutional challenge as an infringement of the pardon power, based on the limited legal effect of a set-aside compared to the broader authority of pardon.  See State v. Spady, supra, 645 N.W.2d 539, 543-44 (Neb. 2002).  The Spady court also opined that a set-aside does not result in restoration of all civil rights, which is the exclusive purview of the Pardon Board.  Id. at 542, 543-44 (“[Section] 29-2264 does not nullify all of the legal consequences of the crime committed because certain civil disabilities . . . are not restored, as occurs when a pardon is granted.”).
4. In some cases, non-conviction records may be disseminated for the express purpose of research “pursuant to an agreement with a criminal justice agency that specifically authorizes access to the information, limits the use of the information to research, evaluative, or statistical activities, and ensures the confidentiality and security of the information.” Neb. Rev. Stat. § 29-3523(2).
5. Courts had interpreted the sealing proviso to apply only to arrests or citations that occurred on or after January 1, 2017.  Lori Pilger, Judge Says New Law Sealing Criminal Cases Isn’t Retroactive, Lincoln J. Star, June 28, 2017. 
6. A model licensing law developed by the Institute of Justice appears to have influenced this law.  See Model Occupational Licensing Review Law. This model law followed the Institute’s comprehensive study of licensing barriers. See Dick M. Carpenter, II, et al., License to Work: A National Study of Burdens from Occupational Licensing. Other states that have recently enacted licensing laws similarly influenced by the IJ Model Law are Arizona, Indiana, Illinois, Iowa, Kansas, Louisiana, Tennessee, Wiscomsin.