authority does the Board of Pardons have?
Nebraska Board of Pardons was created through Article IV, Section 13 of the
Nebraska Constitution and is comprised of the Governor, the Secretary of
State and the Attorney General. The
Board’s constitutional powers cannot be limited or modified by any act of
the legislature or the Nebraska Courts.
The Board has the power to:
fines and forfeitures
Warrants of Discharge
This applies to all cases of
conviction for offenses against the laws of the State of Nebraska except treason and cases of
Any decision by the Board will be by
majority vote. The Board may, after
a pardon has been granted for a felony offense, empower the Governor to
expressly authorize the applicant to receive, possess or transport in
commerce, a firearm.
What does a pardon do?
A pardon restores civil rights lost
due to a felony conviction. These
rights include, but are not limited to:
-The right to vote
-The right to be a juror
-The right to hold public office
-The right to bear arms
-The right of admission to professional schools
-The right to take Civil Service Examination
-The right to serve in the military
-The right to be issued a passport
-The right to hold certain licenses (Liquor and Public
Health and Welfare Licenses)
does the Board meet?
Nebraska Board of Pardons schedules meetings / hearings upon their
If an individual has had a conviction “set-aside”
by a judge or court of law, is that equivalent to the receipt of a pardon?
The answer from the Nebraska Supreme Court is
“no”. The court issued an opinion in
State v. Spady (264 Neb. 99) on June 14, 2002 that states
that a set-aside “…does not result in the granting of a pardon. Nor does it allow a court to grant a
“partial pardon.” The court is
permitted to set aside convictions, but certain civil disabilities are
exempted from restoration”.
Does the Certificate of Discharge from a Nebraska
correctional facility or a judicial discharge from a sentence of probation
restore civil rights?
No, only a pardon can restore civil
Does any authority within the State of Nebraska have the
ability to expunge records?
No, the State of Nebraska does not expunge records. Once a conviction has occurred, the only
redress that is available to restore civil rights (other than the Court of
Appeals) is that of the Pardons Board.
Does a Warrant of Discharge restore
A Warrant of Discharge issued by the
Board of Pardons will only restore those civil rights enumerated specifically
in the certificate.