C. The court shall consider the following factors when determining whether to set aside the conviction:

1. 1. The nature and circumstances of the offense that the conviction is based on.
2. 2. The applicant's compliance with the conditions of probation, the sentence imposed and any state department of corrections' rules or regulations, if applicable.
3. 3. Any prior or subsequent convictions.
4. 4. The victim's input and the status of victim restitution, if any.
5. 5. The length of time that has elapsed since the completion of the applicant's sentence.
6. 6. The applicant's age at the time of the conviction.
7. 7. Any other factor that is relevant to the application.

D. If the application is granted, the court shall set aside the judgment of guilt, dismiss the complaint, information or indictment and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by:

1. 1. The department of transportation pursuant to section 28-3304, 28-3305, 28-3306, 28-3307, 28-3308, 28-3312 or 28-3319.
2. 2. The game and fish commission pursuant to section 17-314 or 17-340.
3. 3. A lifetime injunction that is issued pursuant to section 13-719.

E. A conviction that is set aside may be:

1. 1. Used as a conviction if the conviction would be admissible had it not been set aside.
2. 2. Alleged as an element of an offense.
3. 3. Used as a prior conviction.
4. 4. Pleaded and proved in any subsequent prosecution of the person by this state or any political subdivision of this state for any offense.
5. 5. Used by the department of transportation in enforcing section 28-3304, 28-3305, 28-3306, 28-3307, 28-3308, 28-3312 or 28-3319 as if the judgment of guilt had not been set aside.
6. 6. Used as the basis to issue a lifetime injunction pursuant to section 13-719.

G. This section does not:

1. 1. Require a law enforcement agency to redact or remove a record or information from the record of a person whose conviction is set aside.
2. 2. Preclude the department of public safety or the board of fingerprinting from considering a conviction that has been set aside when evaluating an application for a fingerprint clearance card pursuant to section 41-1758.03 or 41-1758.07.

K. If the court grants the application to set aside the judgment of guilt, the court's order must include a certificate of second chance if the person was convicted of any of the following:

1. 1. A misdemeanor.
2. 2. A class 4, 5 or 6 felony and at least two years have elapsed since the person fulfilled the conditions of probation or sentence.
3. 3. A class 2 or 3 felony and at least five years have elapsed since the person fulfilled the conditions of probation or sentence.

M. The certificate of second chance:

1. 1. Unless specifically excluded by this section, releases the person from all barriers and disabilities in obtaining an occupational license issued under title 32 that resulted from the conviction if the person is otherwise qualified.
2. 2. Provides an employer of the person with all of the protections that are provided pursuant to section 12-558.03.
3. 3. Provides another person or an entity that provides housing to the person with all of the protections limiting the introduction of evidence that are provided to an employer pursuant to section 12-558.03, subsection B.
4. 4. Is not a recommendation or sponsorship for or a promotion of the person who possesses the certificate of second chance when applying for an occupational license, employment or housing.

P. This section does not apply to a person who was convicted of any of the following:

1. 1. A dangerous offense.
2. 2. An offense for which the person is required or ordered by the court to register pursuant to section 13-3821.
3. 3. An offense for which there has been a finding of sexual motivation pursuant to section 13-118.
4. 4. A felony offense in which the victim is a minor under fifteen years of age.