§ 29-2263 — Probation; term; court; duties; powers; post-release supervision; term; probation obligation satisfied, when; probation officer; duties; probationer outside of jurisdiction without permission; effect

Nebraska § 29-2263

• Jurisdiction: Nebraska
• Ch. 29: Criminal Procedure

Text

(1)(a) Except as provided in subsection (2) of this section, when a court has sentenced an offender to probation, the court shall specify the term of such probation which shall be not more than five years upon conviction of a felony or second offense misdemeanor and two years upon conviction of a first offense misdemeanor.
(b) At sentencing, the court shall provide notice to the offender that the offender may be eligible to have the conviction set aside as provided in subsection (2) of section 29-2264 and shall provide information on how to file such a petition. The State Court Administrator shall develop standardized advisement language and any forms necessary to carry out this subdivision.
(c) The court, on application of a probation officer or of the probationer or on its own motion, may discharge a probationer at any time.
(2) When a court has sentenced an offender to post-release supervision, the court shall specify the term of such post-release supervision as provided in section 28-105 . The court, on application of a probation officer or of the probationer or on its own motion, may discharge a probationer at any time.
(3) During the term of probation, the court on application of a probation officer or of the probationer, or its own motion, may modify or eliminate any of the conditions imposed on the probationer or add further conditions authorized by section 29-2262 . The court on joint application of the probation officer and the probationer may extend the term of probation within the limits authorized by subdivision (1)(a) of this section. This subsection does not preclude a probation officer from imposing administrative sanctions with the probationer's full knowledge and consent as authorized by sections 29-2266.01 and 29-2266.02 .
(4)(a) Upon completion of the term of probation, or the earlier discharge of the probationer, the probationer shall be relieved of any obligations imposed by the order of the court and shall have satisfied the sentence for his or her crime.
(b) Upon satisfactory fulfillment of the conditions of probation for the entire period or after discharge from probation prior to the termination of the period of probation, a probation officer shall notify the probationer that the probationer may be eligible to have the conviction set aside as provided in subsection (2) of section 29-2264 . The notice shall include an explanation of the requirements for a conviction to be set aside, how to file a petition for a conviction to be set aside, and the effect of and limitations of having a conviction set aside and an advisement that the probationer consult with an attorney prior to filing a petition. The State Court Administrator shall develop standardized advisement language and any forms necessary to carry out this subdivision.
(5) Whenever a probationer disappears or leaves the jurisdiction of the court without permission, the time during which he or she keeps his or her whereabouts hidden or remains away from the jurisdiction of the court shall be added to the original term of probation.

Legislative History

Source: Laws 1971, LB 680, § 18; Laws 1975, LB 289, § 2; Laws 2003, LB 46, § 10; Laws 2015, LB605, § 68; Laws 2016, LB1094, § 18; Laws 2023, LB50, § 11; Laws 2025, LB530, § 8. Effective Date: September 3, 2025 Annotations: Subsection (3) of this section only applies during the term of probation and does not provide authority for when an offender is still incarcerated and not yet a probationer. State v. Sullivan, 313 Neb. 293, 983 N.W.2d 541 (2023). An order denying a motion to modify or eliminate a probation condition is a final, appealable order. State v. Paulsen, 304 Neb. 21, 932 N.W.2d 849 (2019). Once the State invokes the revocation process under section 29-2268 and a court finds a violation of post-release supervision, the court lacks the power to invoke the early discharge provisions of this section. State v. Kennedy, 299 Neb. 362, 908 N.W.2d 69 (2018). This section authorizes a court to commute the terms of probation, but not the original sentence. State v. Irish, 298 Neb. 61, 902 N.W.2d 669 (2017). Where a court is required to revoke a driver's license as part of a judgment of conviction, it is part of the offender's punishment for the crime, and is not considered a term of probation which can be altered under this section. State v. Irish, 298 Neb. 61, 902 N.W.2d 669 (2017). The maximum term over which a sentence of probation may run for a misdemeanor is two years, unless it is a second offense misdemeanor. State v. Ladehoff, 229 Neb. 111, 425 N.W.2d 352 (1988). Terms of probation may be terminated, modified, or extended under lawful limits by the trial court. State v. Sock, 227 Neb. 646, 419 N.W.2d 525 (1988). The provisions for discharge from probation and removal of civil disabilities and disqualifications do not apply to a jail sentence already served. State v. Adamson, 194 Neb. 592, 233 N.W.2d 925 (1975). A trial court was not authorized to sentence a defendant for a "second offense misdemeanor" under subsection (1) of this section, even though the defendant, convicted of misdemeanor offense, had committed a number of prior misdemeanors, where the charge against the defendant did not specify "second offense." State v. Mlynarik, 16 Neb. App. 324, 743 N.W.2d 778 (2008). The Nebraska court's expunction of the defendant's conviction for possession of marijuana with intent to distribute, after defendant had served approximately half of probation, did not expunge the record for purposes of federal statute relating to receipt of firearms in interstate commerce by persons previously convicted of a crime punishable by imprisonment exceeding one year. United States v. Germaine, 720 F.2d 998 (8th Cir. 1983).