Getting a Shoplifting Misdemeanor Expunged or Set Aside

My question involves criminal records for the state of: Nebraska

Hi,

Last July 2008 - I was convicted for a shoplifting offense for which i had to go the court in the month of sept'08. Judge gave me 7days jail sentence and some 40$ of fine. In Jail ofcourse they have taken finger prints, photos, etc.
As i work for an IT company im afraid will this impact to my job as my history will definitely hold the criminal record of this misdeamenor.

So i would like to know whether this misdeamenor can be expunged or setaside in nebraska state? if yes, when and how can i do it? its not even a year im out of it, so is it still be possible to request for an expungement in nebraska? if it is expunged will there be assurance that history will not hold it? Please please reply if anyone can. I appreciate any kind of clue or answer. Thanks alot.

You recieved jail time for shoplifting? seems like a little much . This is from one of the senior members previous posts. From what I can see you dont appear to qualify unless you had some sort of diversion/supervision/withheld judgement.

Quoting Nebraska Revised Statutes, Sec. 29-3523 - Criminal history record information; notation of an arrest; dissemination; limitations; removal; expungement.
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(1) That part of criminal history record information consisting of a notation of an arrest, described in subsection (2) of this section, shall not be disseminated to persons other than criminal justice agencies after the expiration of the periods described in subsection (2) of this section except when the subject of the record:
(a) Is currently the subject of prosecution or correctional control as the result of a separate arrest;

(b) Is currently an announced candidate for or holder of public office;

(c) Has made a notarized request for the release of such record to a specific person; or

(d) Is kept unidentified, and the record is used for purposes of surveying or summarizing individual or collective law enforcement agency activity or practices, or the dissemination is requested consisting only of release of criminal history record information showing (i) dates of arrests, (ii) reasons for arrests, and (iii) the nature of the dispositions including, but not limited to, reasons for not prosecuting the case or cases.
(2) Except as provided in subsection (1) of this section, the notation of arrest shall be removed from the public record as follows:
(a) In the case of an arrest for which no charges are filed as a result of the determination of the prosecuting attorney, the arrest shall not be part of the public record after one year from the date of arrest;

(b) In the case of an arrest for which charges are not filed as a result of a completed diversion, the arrest shall not be part of the public record after two years from the date of arrest; and

(c) In the case of an arrest for which charges are filed, but dismissed by the court on motion of the prosecuting attorney or as a result of a hearing not the subject of a pending appeal, the arrest shall not be part of the public record after three years from the date of arrest.
(3) 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 petition shall be filed in the district court of the county in which the petitioner was arrested. 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.

Thankyou DonnyC. But frankly i couldnot understand the words and tricky to understand those law sentences...If you dont mind could you please explain in simple terms? Thanks and sorry...

In Nebraska they have something called setting aside a conviction,I think if you received any jail time then you won't qualify. I got the information from this site.You can call a lawyer and ask your able to set aside your conviction. The 2 links below might help you out. You should ask a lawyer if you would be able to set aside your conviction.

http://law.justia.com/nebraska/codes...922064000.html

http://www.michaelbianchilaw.com/Pra...pungements.asp

(1) Whenever any person is placed on probation by a court and satisfactorily completes the conditions of his or her probation for the entire period or is discharged from probation prior to the termination of the period of probation, the sentencing court shall issue an order releasing the offender from probation. Such order in all felony cases shall provide notice that the person's voting rights are restored two years after completion of probation. The order shall include information on restoring other civil rights through the pardon process, including application to and hearing by the Board of Pardons.

Thankyou very much tc498 for the information.

I will definitely approach the lawyer (in the second link) and see what my options are..Thanks again.