Lincoln black media

I.  Restoration of Civil Rights/Firearms Rights

Summary:

Nebraska law outlines the restoration of civil rights for felons, including voting rights, jury service, and holding public office. Voting rights are automatically restored two years after completing a sentence. Non-Nebraska felons must wait two years after completing their sentence before regaining voting rights. Out-of-state offenders can have their rights restored similarly to Nebraska offenders.

For the restoration of jury service and holding public office, a warrant of discharge is required from the Board of Pardons. Non-prison sentence offenders receive automatic warrants, while those sentenced to prison need a hearing for a warrant. Out-of-state felons must follow the laws of their conviction state to regain these rights.

Firearms rights are lost upon felony conviction and can only be restored by the Board of Pardons empowering the governor.

Executive pardons are granted by the Board of Pardons, requiring ten years for felonies and three years for misdemeanors from the final discharge. Pardons restore civil rights lost due to felony convictions, including voting, jury service, and holding public office. The process takes about a year and includes application, investigation, and a decision by majority vote.

Judicial sealing or expungement is possible for probationers, victims of sex trafficking, sealing of juvenile records, and non-conviction records. Expungement of arrest records due to law enforcement error is also available.

Nondiscrimination in licensing and employment includes ban-the-box policies for public employment and prohibitions against inquiries into sealed records in employment and licensing. The Occupational Board Reform Act allows individuals with criminal histories to apply for occupational licenses and certifications, with preliminary determinations available before completing requirements. The Act also mandates periodic review of occupational regulations and prohibits discrimination based on conviction in franchise licenses.

Templates for Users:

1. Restoration of Civil Rights for Felons:
   • Template Document for Automatic Restoration of Voting Rights
   • Template Document for Restoration of Jury Service and Holding Public Office
   • Template Document for Restoration of Firearms Rights
2. Executive Pardons:
   • Template Document for Pardon Application
3. Judicial Sealing or Expungement:
   • Template Document for Petition to Set Aside Conviction
   • Template Document for Motion to Set Aside Conviction for Human Trafficking Victims
   • Template Document for Sealing of Juvenile Records
   • Template Document for Sealing of Non-Conviction Records
   • Template Document for Expungement of Arrest Records
4. Nondiscrimination in Licensing and Employment:
   • Template Document for Preliminary Application for Occupational License
   • Template Document for Appeal of Board Determination

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