General Categories > Laws and Legislation
Trouble in North Platte
Dan W:
I did find this...
--- Quote ---The Nebraska Pardons Board was created through Article IV, Section 13, of the Nebraska Constitution. The Board is comprised of the Governor, the Secretary of State, and the Attorney General. The Board is not governed by the Nebraska Administrative Procedures Act, and its constitutional powers cannot be limited or modified by any act of the legislature or of the Nebraska courts. The Board has the power to remit fines and forfeitures, grant respites, grant reprieves, grant pardons, and grant commutations in all cases of conviction for offenses against the laws of the State of Nebraska, except for treason and cases of impeachment.
The Board of Pardons does not have authority to act in such cases where the offenses are against a city municipal ordinance code or the U.S. Government; reference State of Nebraska Constitution Article IV, Section 13 and Nebraska Statutes 83-170 and 83-1,126.
It is the usual practice in the granting of pardons to hear only those misdemeanor cases where three (3) years has elapsed and those felony cases where ten (10) years has elapsed upon completion of sentencing, including any probation, supervised release, or parole term, with no further law enforcement contacts or court convictions within the waiting period.
In the state of Nebraska there are no laws or statutes that allow a complete expungement of ones criminal history. Any law enforcement contact, arrests, and convictions will remain on ones history forever. However, you can file an application to the Nebraska Board of Pardons requesting a pardon be granted on your convictions. If a pardon is granted to you, it would be indicated on your history record. It is recommended that a copy of any pardon granted be presented to any prospective employers, schools, etc.
Please feel free to contact this office if you have any questions or refer to the Pardon Boards website: www.pardons.state.ne.us.
Sonya Fauver
--- End quote ---
http://www.pardons.state.ne.us/content/new-application.pdf
Dan W:
http://www.pardons.state.ne.us/faq.html
--- Quote ---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”.
--- End quote ---
NE Bull:
I believe in order to belong to these pyrotechnics clubs, one must have ATF permit(s), (a friend at work just went thru all that) and the story mentions the fella having a Firearm purchase permit. So how can these be valid, yet the felony still stand?
And he had helped local law enforcement with the handling of explosives?
Also, if he was 'picked up' on a terroristic threat, I would love to see the reasonings behind the thourough search of his home. Something sounds fishy in north river land.!
Ruffled:
--- Quote from: rebelmachine on March 04, 2012, 08:13:05 AM ---Interesting if you click the link for the nullification it says "all civil disabilities and disqualifications imposed as a result of the conviction be removed the same as though a pardon had been issued"
Note to LE and news people...quit using the mere possession of firearms as a "scary" news item. There are many firearm owners out there and we dont like being made out as bad guys on the sole mention that we have firearms...
--- End quote ---
Yep. It's my thinking that at the time of the set aside, in 1985, the judge in the case DID have the authority to word that set aside the way he did. However, the current form for the order for a set aside from the Nebraska Supreme Court's website still does not preclude the restoration of civil rights (including the right to bear arms) from applying when a set aside is granted.
http://www.supremecourt.ne.gov/forms/county/CC-6-11-2.pdf
The current law regarding set asides and which rights it does not restore:
http://nebraskalegislature.gov/laws/statutes.php?statute=29-2264
Since the right to bear arms is not excluded, it looks to me like the Pardon Board is trying to do a power grab.
If you read the complete Spady decision by the Nebraska Supreme Court, it affirms the constitutionality of 29-2264 (regarding set asides).
http://www.lexisone.com/lx1/caselaw/freecaselaw?action=OCLGetCaseDetail&format=FULL&sourceID=bbadc&searchTerm=egdQ.NiCa.aadj.ebYb&searchFlag=y&l1loc=FCLOW
Ruffled:
--- Quote from: Dan W on March 04, 2012, 10:00:34 AM ---http://www.pardons.state.ne.us/faq.html
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”.
--- End quote ---
However, the right to bear arms is not one of those civil disabilities which are exempted from restoration by 29-2264.
It's a devious quotation, actually. Stenberg is attempting to twist in his favor a Nebraska Supreme Court decision which ruled against him.
Who sits on the Pardon Board? The Governor, the Nebraska Secretary of State, and the Nebraska Attorney General.
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