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Old 10-12-2005, 04:08 PM
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freckledgrl freckledgrl is offline
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Arrow Nebraska Pardon & Parole tips, help, and personal stories

One of the confusing issues we all face is how to handle parole reviews & release. So this is a thread to give your best advice, tips, and how-tos.

Best wishes to anyone reading this who is looking at the possiblility of a loved one paroling!

**If you ever need any info here that you've posted in the past updated or changed to be current, just send me a PM and I'll fix it up!
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Old 10-12-2005, 04:09 PM
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Here are some helpful links and information about the Nebraska Board of Pardons.
Location Of Hearings and Considerations
State Capitol
Second Floor
Governor’s Hearing Room
Lincoln, Nebraska

How To Contact Our Office
Address
Nebraska Board of Pardons
P.O. Box 94754
Lincoln, NE 68509-4754
Phone: 402-479-5726
Fax:402-471-2453
Email:rmarden@dcs.state.ne.us


Calendar of Events:
http://www.pardons.state.ne.us/index_html

Board of Pardons Application - Policy & Procedures Guidelines - Instructions
http://www.pardons.state.ne.us/pardons.html

Nebraska Pardons Board FAQs:
What authority does the Board of Pardons have?
The 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:

- Remit fines and forfeitures

- Grant respites

- Grant reprieves

- Grant pardons

- Grant commutations


This applies to all cases of conviction for offenses against the laws of the State of Nebraska except treason and cases of impeachment.

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 to hold certain licenses (Liquor and Public Health and Welfare Licenses)
When does the Board meet?
The Board meets about every six to eight weeks. Quarterly meetings are designated for hearings on applications. All meetings are open to considerations of applications.
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 Office of the Attorney General is “no”. Any attempt by the judicial or legislative branches to exercise Pardons Board functions would be a violation of the constitutional separation of powers.
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 rights.
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 civil rights?
No. A Warrant of Discharge is very much like a “set-aside” in that the Board of Pardons does not recognize it as constitutional. While Warrants of Discharge were very common in the 70’s, they became rare in the 80’s and the current Board is not inclined to issue them at all.

Commutation of Sentence:
For further information on obtaining an application for commutation of a sentence, please contact our office:
Nebraska Board of Pardons
P.O. Box 94754
Lincoln, NE 68509-4754
Phone: 402-479-5726
Fax: 402-471-2453
Email: rmarden@dcs.state.ne.us

WHAT IS THE DIFFERENCE BETWEEN PROBATION, PAROLE, AND PARDON?
Probation is a sentence ordered by a judge, usually instead of, but sometimes in addition to, serving time in jail. It allows the convicted person to live in the community for a specified period of time, sometimes under the supervision of a probation officer, depending on the circumstances and the seriousness of the crime.

Parole is the conditional release of a prison inmate after serving part (if not all) of his or her sentence, allowing the inmate to live in the community under supervision of the parole period. The decision to grant parole is the responsibility, in a majority of states, of a board of parole or commission. Violation of the conditions of parole result in revocation and re-imprisonment.

Pardon means that the individual is fully forgiven from all the legal consequences of his crime and his conviction.


WHAT ARE SOME OF THE FACTORS THAT THE PAROLE BOARD CONSIDERS FOR ELIGIBILITY?
A common misconception is that just because a convict is eligible for parole, he will be automatically released and paroled into the community. Equally, just because the convict has served enough of his jail term does not mean he will be released without review. Neither are accurate. The fact of the matter is that some inmates (e.g., Charles Manson) are never found suitable for parole and will serve the rest of their term inside the prison walls.

Public safety and assisting the offender in reintegrating into the community are the most important considerations in any parole decision. Is the inmate willing and ready to re-enter the community as a law-abiding citizen and contribute to a safer society? Can the inmate’s release back into society harm the general public? All relevant information is considered.

The parole board in its decision-making process will consider the following information and criteria about the inmate:

age
mental stability
marital status
education or vocational training
remorse for the offense
time served on the current offense
prior criminal history
type and severity of offense
behavior, habits, traits
rehabilitative efforts/progress
conduct during incarceration


Last edited by NtShadow; 11-28-2009 at 07:32 AM.. Reason: Updating link
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Old 12-12-2007, 12:06 PM
marialovesmax marialovesmax is offline
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okay my fiances parole board review is 12/2007 what does this mean?i would be greatfull if you could tell me im clueless about this
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