Nebraska-Record-Relief

There is no statutory authority to seal or expunge adult convictions. Those sentenced to probation or to pay a fine may petition the court to set-aside the conviction upon discharge, if the court finds that the order will be “in the best interest of the offender and consistent with the public welfare.”  In 2020, for the first time, a person sentenced to a term of imprisonment of one year or less may also petition the sentencing court to “set aside” the conviction, with certain exceptions. Set-aside “nullifies” the conviction and removes “all civil disabilities and disqualifications” but does not expunge or seal the record.  Sealing is authorized for pardoned convictions, for victims of human trafficking for “any offense” directly resulting from the trafficking, and in cases of deferred judgments. For non-convictions, upon acquittal or entry of an order dismissing a case, including for successful drug court program completion, information pertaining to the case is sealed and not disseminated to persons other than criminal justice agencies.  Arrests where charges were not filed because of diversion are sealed after two years, and records of uncharged arrests are sealed after one year. Most juvenile records are automatically sealed upon disposition.