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Nebraska

Adult Criminal Record Clearance Overview

  • Adult criminal records for misdemeanors or infractions that occurred before you were 18—and for which you were convicted in county court—can be sealed immediately after you complete your sentence. You can file a petition in court to start the process, and it is up to the judge whether or not to grant your petition. 
  • Records relating to a case that resulted from the defendant being a victim of human trafficking can be sealed after the conviction is set aside. 
  • Records relating to a conviction for which a person has received a pardon can be sealed immediately. 
  • If you were sentenced to a fine, community service, probation, or less than a year in prison, you may petition the court to have your conviction set aside. This does not expunge or seal your conviction, but it can help protect you from other penalties that come with having a conviction and will be on your record along with the conviction in background checks.  

Adult criminal records for cases in which you complete a diversion or deferral program are eligible for removal from the public record in some situations. You do not have to file a petition to start the process. 

  • If you successfully completed a diversion program, arrest information should be removed from the public record two years from the date of your arrest. 
  • If you successfully completed a drug court program, information related to the charge should be removed from the public record immediately. 

Adult criminal records for arrests for which you were never convicted are eligible for expungement, sealing, or removal from the public record in some situations. 

  • If you were arrested but the prosecutor did not file charges, arrest information should be removed from the public record one year after the date of your arrest. 
  • If you were arrested and charged, but the case was dismissed or you were acquitted, arrest information should be removed from the public record immediately. 
  • If you were arrested because of an error made by a law enforcement agency, the arrest information can be expunged immediately. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition. 

Likely not eligible for expungement, sealing, or removal from the public record.

Adult Criminal Record Clearance Policies

    Records relating to a conviction for which a person has received a pardon can be sealed immediately. Neb. Rev. Stat. § 29-3523(5).
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    A person who commits any offense and is sentenced to only a fine, probation, community service, or a period of imprisonment less than one year may petition the court to have the conviction set aside after satisfactory completion of the conditions of said sentence. Neb. Rev. Stat. § 29-2264(2),(3).
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    Records relating to a conviction for a misdemeanor or infraction in county court, other than a traffic offense, that occurred when the petitioner was under age 18 can be sealed by the court upon sentence completion. Neb. Rev. Stat. §§ 43-2, 108.01 et seq.
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    Records relating to a case that resulted from the defendant being a victim of human trafficking can be sealed after the conviction is set aside. Neb. Rev. Stat. § 29-3523(4).
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    All criminal history information relating to an arrest for which no charges were filed as a result of a completed diversion program is removed from the public record two years after the date of arrest, citation, or referral for prosecution without citation. Neb. Rev. Stat. § 29-3523(3)(b).
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    All criminal history information relating to a charge for which the defendant completed a program prescribed by a drug court or any other problem-solving court, or for which the the defendant was granted deferred judgment and successfully completed the terms of probation, are removed from the public record. Neb. Rev. Stat. § 29-3523(3)(c)(iv), § 29-2292.  
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    All criminal history information relating to an arrest made because of a law enforcement agency's error can be expunged. Neb. Rev. Stat. § 29-3523(6).
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    All criminal history information relating to an arrest for which no charges are filed as a result of a determination of the prosecuting attorney is removed from the public record one year after the date of arrest, citation, or referral for prosecution without citation. Neb. Rev. Stat. § 29-3523(3)(a).
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    All criminal history information relating to an arrest that results in dismissal of all charges or an acquittal is removed from the public record. Neb. Rev. Stat. § 29-3523(3)(c)(i)-(iii).
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    Juvenile Record Clearance Overview

    Below is a general overview of when juvenile records can be sealed in Nebraska. Please note that the Clean Slate Clearinghouse does not provide legal advice. 

    Read the legal policies and statutes for detailed statutory information. 

    Juvenile Record Clearance Policies Overview 

    Most juvenile records can be sealed. 

     

     

    • If you were not officially charged or your charges were dismissed, your record should be automatically sealed. You should not have to do anything to get the record sealed. 
    • If you were adjudicated (found guilty), and meet certain conditions, your record will automatically be sealed once you successfully complete probation, supervision, a treatment program, or any other sentence ordered by the court  
    • If you meet the conditions listed above and your record is not automatically sealed, you can petition for it to be sealed once you turn 18 or when six months have passed since your case was closed, whichever is sooner.  

    Find a Lawyer 

    If you think you might be eligible to have your record sealed, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court. 

    Court Forms and Resources 

    If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources. 

     

     

    Juvenile Record Clearance Policies

      Records relating to a delinquency adjudication are sealed after the child has successfully completed juvenile probation, supervision, or other treatment or rehabilitation program, or a county court probation or sentence. Neb. Rev. Stat. § 43-2,108.03(4).
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      Records relating to a delinquency case that were not automatically sealed can be sealed by the court once the person reaches the age of majority or six months have passed since the case was closed. Neb. Rev. Stat. § 43-2,108.03(6).
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      A record relating to a delinquency matter where charges were filed but later dismissed must be sealed immediately upon notice of the dismissal. Neb. Rev. Stat. § 43-2,108.03(3), (4).
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      A delinquency adjudication that resulted from being a victim of human trafficking may be vacated, and the related records sealed, immediately. Neb. Rev. Stat. §§ 29-3005, 29-3523.
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      A record relating to a juvenile arrest but where charges were not filed, including where the juvenile satisfactorily completed diversion or mediation, must be sealed immediately. Neb. Rev. Stat. § 43-2,108.03.
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      Find A Lawyer

      Legal service providers located in the state.

      Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.