Statute

Neb. Rev. St. §29-3005

Nebraska law allows survivors to petition to set aside, or void, convictions for any offense “committed as a direct result of, or proximately caused by” having been trafficked. For prostitution offenses, survivors must either show that the offense occurred while they were a victim of trafficking or that the offense was proximately caused by their victimization.  For all other offenses, survivors must show a direct result or proximate cause between the offense and the trafficking they experienced.

Survivors may provide official documentation to create a rebuttable presumption of trafficking, but it is not required. In addition to the official document, Nebraska law contemplates many other sources of evidence, including internet listings, affidavits from family members or witnesses, or phone/email records.

Setting aside a conviction nullifies the conviction and removes all civil disabilities and disqualifications the conviction may have imposed.

 

Updated Sept 2021

This webpage was produced by Freedom Network USA under Grant Number 2017-VT-BX-K018, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.