83-1,130. Board of Pardons; pardon authority; application; limitation; relief granted or denied.

(1) After consideration of the application and after such further investigations as it may deem appropriate, the Board of Pardons shall either grant or deny the relief requested or grant such other relief as may be justified. The board may decline to accept further applications after the initial application for pardon from an offender for any prescribed amount of time, but in no case shall such time exceed two years. The board shall notify the offender in writing of any restriction for subsequent applications after the hearing on the initial application.

(2) The Board of Pardons may, in appropriate cases when a person has been convicted of a felony and has been granted a pardon by the appropriate authority of this state or is hereafter granted a pardon for a conviction occurring prior to, on, or subsequent to August 25, 1969, empower the Governor to expressly authorize such person to receive, possess, or transport in commerce a firearm.

(3) All actions of the Board of Pardons shall be by majority vote and shall be filed in the office of the Secretary of State or the office designated by the Secretary of State.

Source

Annotations

With regard to the actions of the Board of Pardons in the exercise of its power to grant commutations, the exercise or nonexercise of a discretionary power to grant clemency is not subject to ordinary due process requirements. The Nebraska Board of Pardons has the unfettered discretion to grant or deny a commutation of a lawfully imposed sentence for any reason or for no reason at all. Otey v. State, 240 Neb. 813, 485 N.W.2d 153 (1992).