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Nebraska

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to arrest the judgment, to withdraw the plea, or for a new trial based on legal errors in the proceedings.
  • Victims can receive information about post-trial motions from the County Attorney’s Office where the crime was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The Appellate Section of the Nebraska Attorney General represents the state on direct appeal. To receive appeal updates, victims can contact the Nebraska Attorney General’s Victim Assistance Program.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Appellate Section of the Nebraska Attorney General represents the State in state post-conviction proceedings. To receive updates on the state’s post-conviction process, victims can contact the Nebraska Attorney General’s Victim Assistance Program.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Nebraska law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Appellate Section of the Nebraska Attorney General represents the State in federal habeas corpus proceedings. To receive updates, victims can contact the Nebraska Attorney General’s Victim Assistance Program.

Early Release Programs

These can include parole, medical parole, or earning “credits” in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Nebraska, including parole, medical parole, or earning “good-time credits,” which can allow people to reduce their sentences by up to 50% through good behavior and participating in programming.

Clemency

In rare cases, the governor may grant the convicted person relief from their conviction or sentence.
  • The governor can grant clemency to people convicted under Nebraska law. In this work, the governor is assisted by the Board of Pardons. In Nebraska, clemency typically takes one of two forms: a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
    In Lincoln or Omaha, a person may also seek a mayoral pardon for violations of the city code.
  • Victims can request clemency notification by contacting the Nebraska Board of Pardons by phone at (402) 540-2906, by mail at Nebraska Board of Pardons, PO Box 95007, Lincoln, NE 68509, or by email. For assistance with clemency, victims can also contact the Nebraska Attorney General’s Victim Assistance Program.

Victims Rights
Post-Conviction

In Nebraska, victims have the right to:
  • Notification of appeal, information about the appeal process, and notification of the time and place of any appeal, if requested
  • Notification of the results of the appeal
  • Notification of sentencing, parole, pardon, commutation, and conditional release proceedings
  • Be heard at sentencing, parole, pardon, commutation, and conditional release proceedings
  • Notification that their case has been reopened, if they were the victim of sexual assault
  • Notification of escape or release of the convicted individual
  • Have certain personal identifying information redacted from public documents
  • Protection from harm and threats of harm
  • Speedy disposition of the case
  • Prompt return of property no longer needed as evidence
  • Seek restitution and apply for crime victim compensation

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Crime Victims’ Reparations (CVR) program reimburses victims for expenses related to the crime, such as medical expenses, lost wages, and funeral expenses.
  • Victims may request assistance with unpaid restitution through the Nebraska Department of Correctional Services’s Victim Services unit and by contacting the District Court Clerk where the case was prosecuted. To apply for Crime Victims’ Reparations, victims must complete an application and submit it, along with supporting documentation to:ncc.cvr@nebraska.gov or Nebraska Crime Commission, 301 Centennial Mall South. P.O. Box 94946, Lincoln, NE 68509-4946. Applications must be submitted within two years of the crime.
Click here to learn more about the post-conviction process and victims’ rights in Nebraska

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