Nebraska Statutes 84-949. Individual with criminal conviction; submit application; additional information regarding circumstances, mitigating factors, and rehabilitation; occupational boards; determination regarding disqualification; appeal
(1) An individual who has a criminal conviction under the laws of Nebraska or any other jurisdiction may submit an application to the appropriate occupational board for an occupational license, government certification, or state recognition of the individual’s personal qualifications and may include with the application additional information about the individual’s circumstances at the time of application, mitigating factors, and other evidence of rehabilitation, including:
Terms Used In Nebraska Statutes 84-949
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Government certification: means a nontransferable recognition granted to an individual by an occupational board through a voluntary program in which the individual meets personal qualifications established by the Legislature. See Nebraska Statutes 84-935
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Occupational board: means a board, commission, department, or other entity created by state law which regulates providers through occupational regulations. See Nebraska Statutes 84-938
- Occupational license: means a nontransferable authorization in law (1) for an individual to perform exclusively a lawful occupation for compensation based on meeting personal qualifications established by the Legislature and (2) which is required in order to legally perform the lawful occupation for compensation. See Nebraska Statutes 84-939
- Personal qualifications: means criteria related to an individual's personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination, work experience, other evidence of attainment of requisite skills or knowledge, moral standing, criminal history, and completion of continuing education. See Nebraska Statutes 84-941
- Potentially disqualifying conviction: includes a conviction for:
(1) Criminal attempt as provided in section Nebraska Statutes 84-941.01
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(a) The age of the individual when the individual committed the offense;
(b) The time elapsed since the offense;
(c) The circumstances and nature of the offense;
(d) The completion of the criminal sentence;
(e) The completion of, or active participation in, rehabilitative drug or alcohol treatment or individual counseling;
(f) Testimonials and recommendations, which may include a progress report from the individual’s probation or parole officer;
(g) Other evidence of rehabilitation;
(h) Education and training;
(i) Employment history;
(j) Employment aspirations;
(k) Family responsibilities at the time of application;
(l) Whether the individual is required to be bonded in the occupation; and
(m) Any other information the individual deems appropriate.
(2) Upon receipt of an application pursuant to subsection (1) of this section and any applicable fees, the appropriate occupational board shall make a determination of whether the individual’s criminal history disqualifies the individual from obtaining such occupational license, government certification, or state recognition of the individual’s personal qualifications from that occupational board. In making such determination, an individual’s criminal history disqualifies the individual from obtaining an occupational license, government certification, or state recognition of the individual’s personal qualifications only if:
(a) The individual’s conviction directly and specifically relates to the duties and responsibilities of the occupation;
(b) The individual obtaining such license, certification, or state recognition would pose a direct and substantial risk to public safety because the individual has not been rehabilitated, as evidenced by information described in subsection (1) of this section, to safely perform the duties and responsibilities of the occupation; and
(c) Beginning January 1, 2025, the individual has a potentially disqualifying conviction.
(3) An individual shall not be required to disclose nor shall consideration be given in a determination under this section to the following:
(a) A deferred adjudication, participation in a diversion program, or an arrest not followed by a conviction;
(b) A conviction of an offense for which no sentence of incarceration is statutorily authorized;
(c) A conviction that has been sealed, annulled, dismissed, expunged, set aside, or pardoned;
(d) A juvenile adjudication;
(e) A nonviolent misdemeanor unless it is for an offense expressly listed in section 84-941.01 ;
(f) A conviction older than three years for which the individual was not sentenced to a term of incarceration; or
(g) A conviction for which the individual’s incarceration ended more than three years before the date of the application, other than a potentially disqualifying conviction.
(4) The individual may appeal the determination of the occupational board. The appeal shall be in accordance with the Administrative Procedure Act.