A DUI conviction often has far-reaching negative consequences. Aside from any punishment you receive from the court you may also see higher insurance rates for years to come, lose out on job opportunities and even have visitation with minor children curtailed as a result of a DUI conviction. Thankfully, if you have been convicted of a DUI in Omaha you may be eligible to set aside the conviction. A set aside does not erase the record or arrest or remove it from all criminal background checks.
At Petersen Law Office we understand how a DUI conviction can haunt you for years to come. We may be able to help by getting your conviction set aside. At Petersen Law Office we help set aside DUI convictions for individuals in Omaha. Contact the office today to arrange for your free initial consultation and evaluation. We can be reached by calling 402-393-8080 or by filling out our online contact form.
Setting Aside an Omaha DUI Conviction
The good news is that Omaha law does allow some DUI conviction to be set aside and have a positive impact on a criminal record. Nebraska Revised Statutes § 29-2264 explains the impact of a set aside by saying that it “removes all civil disabilities and disqualifications imposed as a result of the conviction.” It is important, however, to understand that although the conviction is removed for purposes of a basic background check, it does still exist and can be used against you to enhance a future DUI or prevent you from obtaining certain types of licenses. Law enforcement and government employers may also still have access to the record. We are happy to review your case and explain exactly what a set aside does, and does not, accomplish.
The Set Aside Process
To have your DUI conviction in Omaha set aside you must file a Motion with the sentencing court. The court will then set your Motion for a hearing where evidence relating to the following may be presented:
- Past criminal record with a focus on any record occurring after the offense sought to be set aside.
- Letters of recommendation showing good conduct and moral character since the conviction.
- Employment since the conviction especially employment that requires trust.
- Volunteer or community service work.
- Any other evidence which tends to show current lawful behavior.
After all evidence has been presented at the hearing, the judge will decide whether or not to grant the Motion. In making that decision, the judge may consider:
- The behavior of the offender after sentencing
- The likelihood that the offender will not engage in further criminal activity
- Any other information the court considers relevant.
The Omaha DUI defense team at Petersen Law Office understands the potential long-term ramifications of a DUI conviction. We also believe that anyone can make a mistake but you should not have to suffer for that mistake indefinitely.That is precisely why the Nebraska set aside law was enacted, to give otherwise good people who made a mistake a fair chance at a fresh start. For a free initial consultation to discuss the possibility of setting aside your Omaha or Sarpy County, Nebraska DUI contact the team today by calling 402-393-8080 or fill out our online contact form.