32-2609. Good cause exceptions for felony
offenses


A. The board may grant a good cause exception for a felony offense if ten or more
years have passed since the person completed all terms of sentencing and if the person
shows at a hearing to the board's satisfaction that the person is not awaiting trial on
or has not been convicted of committing any of the offenses listed in section 41-1758.03,
subsection B. Before granting a good cause exception at a hearing the board shall
consider all of the following in accordance with board rule:


1. The extent of the person's criminal record.


2. The length of time that has elapsed since the offense was committed.


3. The nature of the offense.


4. Evidence supporting any applicable mitigating circumstances.


5. Evidence supporting the degree to which the person participated in the offense.


6. Evidence supporting the extent of the person's rehabilitation, including:


(a) Completion of probation, parole or community supervision.


(b) Whether the person paid restitution or other compensation for the offense.


(c) Evidence of positive action to change criminal behavior, such as completion of
a drug treatment program or counseling.


(d) Personal references attesting to the person's rehabilitation.


B. If seeking a good cause exception, at least five days before the hearing the
applicant shall submit to the department any evidence the applicant will be presenting at
the hearing.