Investor Presentaiton
Effective December 1, 2021
(c)
(1)
Records Sealed.
Nebraska Criminal Rules
(2)
Except as stated in Nebraska Criminal Rule 32.1.1, and unless a
judge orders otherwise in a specific case, the clerk files under seal
all pretrial services, presentence, and probation post-conviction
supervision/supervised release records that the clerk receives from
the probation and pretrial services office.
Unsealed for Appeal Purposes.
The clerk unseals presentence reports to copy and send them to the
Office of the Clerk of the United States Court of Appeals for the
Eighth Circuit.
Agency Access.
(1) Agency Use.
(2)
Although the information in pretrial services, presentence, and
probation post-conviction supervision/supervised records remains
confidential, those records may be accessed by the United States
Sentencing Commission, the United States Parole Commission, the
United States Attorney, the Bureau of Prisons, the defendant, and
the defense attorney unless:
(A)
(B)
a statute, regulation, or court order prohibits disclosure;
a party or the probation and pretrial services officer has an
order from the assigned district or magistrate judge prohibiting
disclosure; or
(C) the assigned district or magistrate judge bars disclosure.
A judge may bar or refuse to bar disclosure for any reason, and the
judge may make this decision without notice or a hearing.
Obligations of Agency Recipients.
When information in pretrial services, presentence, and probation
post-conviction supervision/supervised release records is disclosed
under Nebraska Criminal Rule 32.2(c)(1), the recipient of the
disclosure must keep the information confidential and use the
information only for administering justice. Any writing containing the
information must be returned at the court's request.
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