Can You Get a DUI Expunged in Nebraska?

Even a seemingly minor offense like a first-time DUI can have considerable, lasting repercussions on your life. Impacts can range from increased insurance premiums to limitations on employment and housing opportunities. With all of these consequences weighing on your life, can you get a DUI expunged in Nebraska?

What Is Driving Under the Influence (DUI) In Nebraska?

A DUI occurs when a person operates a motor vehicle while impaired by drugs and/or alcohol. This also includes drugs that were legally prescribed. Nebraska defines impairment for drivers 21 and over as a blood alcohol concentration (BAC) of 0.08%.

A stricter federal standard of 0.04% BAC is enforced if a person is operating a commercial vehicle. A conviction can impact the driver’s commercial license and regular driving privileges. Due to the lack of measurable limits, determining impairment by substances other than alcohol can be a challenge for law enforcement. In these situations, laboratory analysis of bodily fluids is often used to detect if an illegal substance is present in a person’s body.

How Does a DUI Affect My Life?

A DUI will remain on your criminal record for 12 years. The repercussions of a criminal record can extend past your driving privileges. Background checks are standard procedure for job applications, housing rentals, and even volunteer positions, and a conviction can disqualify you.

Additionally, a DUI in Nebraska can be expensive, with court fines, lawyers’ fees, DMV expenses, bail, and mandatory alcohol education or treatment programs being just the beginning. Your insurance premiums are bound to increase, with an average of a 27% increase after a DUI conviction. These costs will quickly add up and can impact you for many years.

What Is DUI Expungement in Nebraska?

While many states allow for the expungement of a criminal record, Nebraska refers to this as “setting aside” a criminal record. A set-aside does not remove a DUI from your record, but adds a notation to your criminal record indicating that the conviction has been “set aside.”

To be eligible for a criminal record set-aside you must demonstrate that you:

• Fulfilled all requirements of your probation
• Completed any assigned community service
• Served and finished a prison term of one year or less
• Paid any financial penalties in full

The Benefits of a Set-Aside

There are many benefits to getting a set-aside. These include:

Removal of Penalties

A set-aside can nullify the legal penalties and limitations that were placed due to the offense. This means your voting rights and right to serve on a jury and hold public office.

Improve Appearance of Background Checks

While your conviction won’t be erased from your record, that notation on your conviction can improve how your record appears to potential employers or property managers. It demonstrates that you have taken steps towards rehabilitation and want to move forward positively.

Open Doors for More Opportunities

Since you are mitigating the negative consequences of a DUI conviction, a set-aside can open doors to new employment, housing, and other opportunities that might have otherwise been closed.

How An Attorney Can Support You in the Set-Aside Process in Nebraska

The set-aside process can be an intimidating experience, but having a skilled DUI attorney on your side can make all the difference. To start, an experienced attorney can help you determine if you meet the eligibility criteria. If you do, they can guide you through each step, ensuring your petition is correctly filed and all necessary documentation is included.

During the court hearing, your attorney can advocate on your behalf. The judge has the discretion to grant a set-aside if they believe it is in your interest and that you are not a detriment to public welfare. Your attorney can present strong arguments and evidence to support your case, help you prepare for any questions the judge may ask you, and make sure your rights are protected throughout the process.

On top of guiding you through the court process, your attorney can be there to offer advice, provide emotional support, ensure you make informed decisions, and be there for any unexpected situations. Their experience and guidance can provide you with the confidence you need to work towards a brighter future for yourself.

FAQs

Q: How Long Does It Take for a DUI to Drop Off Your Record in Nebraska?

A: A DUI conviction will remain on your official record for 12 years. This is how long it will take for the points against your license to be cleared. Six points are added to your license after a DUI conviction, and in Nebraska, one point is removed every two years. Once the points are gone, the charge is then cleared.

Q: How Can I Apply for a Set-Aside?

A: While a set-aside will not remove a DUI from your record, it will offset it. If you are looking to apply for a set-aside, it is recommended you consult with an attorney regarding your eligibility. After that, they can work to ensure all your essential documentation is completed, and that you are prepared for your court hearing. You can apply for a set-aside through The State of Nebraska Judicial Branch.

Q: How Can an Attorney Help Me With a Set-Aside?

A: An attorney can help you with eligibility determination, navigating the legal process, gathering and presenting evidence to demonstrate why your conviction should be set aside, representing you in court, and understanding the impact of the set-aside on your life. An attorney is also there for you if the process becomes complex or something unexpected comes up.

Q: What Are the Benefits of a Set-Aside?

A: There are many benefits to a DUI conviction set-aside in Nebraska. It could mean improved employment opportunities, restoration of your reputation because of your commitment to positive change, potential reinstatement of professional licenses, and even getting back your right to vote, participate on a jury, and hold public office.

Reach Out to a Nebraska DUI Attorney

Our team at Sopinski Law Office can provide seasoned criminal defense representation, including supporting those seeking to set aside their convictions. Contact a DUI lawyer in Nebraska today to learn more about a set-aside and to see if you are eligible.