(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.
Notes of Decisions
Cited in
40
cases (
9 in the last 5 years), 1975–2026 · leading case:
State v. Kennedy, 299 Neb. 362 (Neb. 2018).
State v. Kennedy, 299 Neb. 362 (Neb. 2018).
· cites it 22× “03; and (e) The probationer's term of probation be extended, subject to the provisions of section 29-2263. Section 29-2268(1) is not applicable to Kennedy because it expressly excludes those on post-release supervision from the definition of probationer.”
State v. Paulsen, 304 Neb. 21 (Neb. 2019).
· cites it 23× “On August 28, 2018, Paulsen filed a motion to modify the terms of his probation under Neb. Rev. Stat. § 29-2263 (3) (Reissue 2016).”
State v. Phillips, 302 Neb. 686 (Neb. 2019).
· cites it 6× “(e) The probationer's term of probation be extended, subject to the provisions of section 29-2263. The parties offer differing views regarding the approach taken by the court in arriving at the 365-day term of imprisonment.”
State v. Simons, 315 Neb. 415 (Neb. 2023).
· cites it 12× “” Permitted dispositions include that “[t]he probationer’s term of probation be extended, subject to the provisions of section 29-2263.” 35 Other possible con- sequences range from receiving a “reprimand and warning” 36 to revocation of probation and the imposition on the…”
State v. Dill, 913 N.W.2d 470 (Neb. 2018).
· cites it 2× “§ 29-2263(2). § 28-105(5). § 29-2268(2). See 2015 Neb.”
State v. Sullivan, 983 N.W.2d 541 (Neb. 2023).
· cites it 9× “293 supervision order and filed an application to change the order under Neb. Rev. Stat. § 29-2263 (3) (Reissue 2016).”
State v. Donner, 690 N.W.2d 181 (Neb. Ct. App. 2004).
· cites it 7× “ANALYSIS Donner argues on appeal that because Neb. Rev. Stat. § 29-2263 (Supp. 2003) provides that terms of probation cannot exceed 5 years, the district court erred in revoking her operator’s license for 15 years while sentencing her to probation.”
State v. Irish, 298 Neb. 61 (Neb. 2017).
· cites it 5× “Section 29-2263(3) sets forth that a 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 Neb.”
State v. Reames, 308 Neb. 361 (Neb. 2021).
· cites it 4× “Neb. Rev. Stat. § 29-2263 (3) (Reissue 2016) provides in part that “[d]uring the term of pro- bation, 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…”
State v. Havorka, 355 N.W.2d 343 (Neb. 1984).
· cites it 4× “07, the trial court has general authority to modify an order of probation under the provisions of Neb. Rev. Stat. § 29-2263 (2) (Reissue 1979), which provides that “[d]uring the term of probation, the court on application of a probation officer or of the offender, or its own…”
State v. Caniglia, 724 N.W.2d 316 (Neb. 2006).
· cites it 2× “t: (a) The probationer receive a reprimand and a warning; (b) Probation supervision and reporting be intensified; (c) The probationer be required to conform to one or more additional conditions of probation which may be imposed in accordance with the provisions of sections…”
— Neb. Rev. Stat. § 29-2263(1) — 5 cases
State v. Kennedy, 299 Neb. 362 (Neb. 2018).
“03; and (e) The probationer's term of probation be extended, subject to the provisions of section 29-2263. Section 29-2268(1) is not applicable to Kennedy because it expressly excludes those on post-release supervision from the definition of probationer.”
State v. Simons, 315 Neb. 415 (Neb. 2023).
“” Permitted dispositions include that “[t]he probationer’s term of probation be extended, subject to the provisions of section 29-2263.” 35 Other possible con- sequences range from receiving a “reprimand and warning” 36 to revocation of probation and the imposition on the…”
— Neb. Rev. Stat. § 29-2263(2) — 10 cases
State v. Kennedy, 299 Neb. 362 (Neb. 2018).
“03; and (e) The probationer's term of probation be extended, subject to the provisions of section 29-2263. Section 29-2268(1) is not applicable to Kennedy because it expressly excludes those on post-release supervision from the definition of probationer.”
State v. Dill, 913 N.W.2d 470 (Neb. 2018).
“§ 29-2263(2). § 28-105(5). § 29-2268(2). See 2015 Neb.”
State v. Phillips, 302 Neb. 686 (Neb. 2019).
“(e) The probationer's term of probation be extended, subject to the provisions of section 29-2263. The parties offer differing views regarding the approach taken by the court in arriving at the 365-day term of imprisonment.”
— Neb. Rev. Stat. § 29-2263(3) — 8 cases
State v. Paulsen, 304 Neb. 21 (Neb. 2019).
“On August 28, 2018, Paulsen filed a motion to modify the terms of his probation under Neb. Rev. Stat. § 29-2263 (3) (Reissue 2016).”
State v. Dill, 913 N.W.2d 470 (Neb. 2018).
“§ 29-2263(2). § 28-105(5). § 29-2268(2). See 2015 Neb.”
State v. Sullivan, 983 N.W.2d 541 (Neb. 2023).
“293 supervision order and filed an application to change the order under Neb. Rev. Stat. § 29-2263 (3) (Reissue 2016).”
State v. Irish, 298 Neb. 61 (Neb. 2017).
“Section 29-2263(3) sets forth that a 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 Neb.”
— Neb. Rev. Stat. § 29-2263(4) — 3 cases
State v. Kennedy, 299 Neb. 362 (Neb. 2018).
“03; and (e) The probationer's term of probation be extended, subject to the provisions of section 29-2263. Section 29-2268(1) is not applicable to Kennedy because it expressly excludes those on post-release supervision from the definition of probationer.”
State v. Simons, 315 Neb. 415 (Neb. 2023).
“” Permitted dispositions include that “[t]he probationer’s term of probation be extended, subject to the provisions of section 29-2263.” 35 Other possible con- sequences range from receiving a “reprimand and warning” 36 to revocation of probation and the imposition on the…”
— Neb. Rev. Stat. § 29-2263(5) — 4 cases
State v. Phillips, 302 Neb. 686 (Neb. 2019).
“(e) The probationer's term of probation be extended, subject to the provisions of section 29-2263. The parties offer differing views regarding the approach taken by the court in arriving at the 365-day term of imprisonment.”
State v. Simons, 315 Neb. 415 (Neb. 2023).
“” Permitted dispositions include that “[t]he probationer’s term of probation be extended, subject to the provisions of section 29-2263.” 35 Other possible con- sequences range from receiving a “reprimand and warning” 36 to revocation of probation and the imposition on the…”
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