Legal Question in Traffic Law in Nebraska

Fictitious Plates

When I bought my car from my father who is a Dealer I put my license plates on the new car until they sent me the paper work. My boyfriend was pulled over driving my car and received a ticket for fictitious plates. My father took care of it and we recently just found out that it is on his record. (This happened 3 years ago). He is now my husband and I don't know if that matters, but is there anything he can do to get that off his record, since it was my car and partly the dealers fault for now having the paper work to us on time.

Please Help!

He has a really good job opportunity but can't get the job with this on his record.

Thanks!!!


Asked on 3/29/04, 2:18 pm

1 Answer from Attorneys

William Jones William P. Jones, Attorney-at-Law

Re: Fictitious Plates

I'm not sure of what you mean when you say your "father took care of it" and "it's on his record." Assuming that your father paid the fine for the citation your husband received and that the record we are talking about is your husband's- There is little that can be done aside from asking for a pardon from the state Pardons Board. The Pardons Board consists of the Secretary of State, the Attorney General of Nebraska and the Governor. The board can issue a pardon on the citation and the conviction would not be effective. However, there is a fair amount of paperwork and effort in doing this, and no guarantee that the Board will grant the application for pardon.

If your husband did not plead guilty or waive his appearance on the citation, then he may attack the conviction if he can show he did so within a reasonable time after first learning of the conviction- but this is difficult because the time for appeal has long since passed, and only the most extraordinary circumstances would allow the conviction to be attacked after three years.

Your now husband was responsible as driver of the car to be sure that it had proper plates and insurance when he took it on the road. He trusted you that it was, and unfortunately you were wrong in putting plates from another vehicle on your new car. He should explain the situation to any prospective employer who asks, but there is no law dictating what they must decide regarding the charges. They can shrug it off as a mix up, or consider it as somehting that disqualifies him for a job, whichever they choose, and be within their legal rights.

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Answered on 3/29/04, 4:00 pm


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