Clearing a criminal record in Nebraska
In Nebraska it is called set aside or sealing: a set-aside nullifies your conviction but does not erase it. Some misdemeanor and felony convictions may be cleared, and Nebraska also clears some records automatically.
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
Can my record be cleared in Nebraska?
Set aside (convictions); sealing (non-conviction records, pardoned convictions) — A set-aside nullifies your conviction but does not erase it: background checks still show the conviction with the order setting it aside. Sealing hides a record from the public; courts, police and prosecutors can still see it. Nebraska has expungement only for arrests caused by police error.
Nebraska has 3 ways to clear a record. Each covers different records and has its own waiting period.
Set Aside of a Criminal Conviction
Infraction, misdemeanor and felony convictions where you were sentenced to probation, a fine only, community service, or a term of imprisonment of one year or less.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Probation, fine only or community service | No waiting period You can petition as soon as you complete the sentence. | Completing probation (or early discharge), paying the fine and finishing community service |
Jail or prison of 1 year or less | No waiting period You can petition after you complete the sentence, if no extra bar applies. | Completing the sentence |
Re-filing after a denial (jail/prison sentence) | 2 years If a petition for a conviction with a jail or prison sentence was denied, you must wait 2 years to file again. | The denial of your earlier petition |
- Not eligible
- Sentences of imprisonment of more than one year. For convictions with a jail/prison sentence, also: pending criminal charges anywhere, a current duty to register as a sex offender, or a motor vehicle offense, including motor vehicle homicide.
- Limits
- One petition per conviction; the judge may grant some and deny others.
Law: Neb. Rev. Stat. § 29-2264
Source: Official text
Motion to Seal an Adult Criminal Record
Cases dismissed or acquitted before January 1, 2017; convictions that were pardoned; convictions set aside because you were a victim of sex trafficking.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Dismissed or acquitted before Jan. 1, 2017 | No waiting period File a motion in the court where the case was filed; the court must grant it if the case was dismissed for a qualifying reason. | No waiting period |
Pardoned conviction | No waiting period After a pardon, the sentencing court must seal the record when you file a motion. | The pardon |
Law: Neb. Rev. Stat. § 29-3523(4)-(7)
Source: Official text
Expungement for Arrest Due to Law Enforcement Error
Arrest records caused by a police agency's mistake.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Arrest due to police error | No waiting period You can petition at any time. | No waiting period |
Law: Neb. Rev. Stat. § 29-3523(9)
Source: Official text
When can I file? Waiting periods in Nebraska
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
How to file in Nebraska
Set Aside of a Criminal Conviction
File a Petition to Set Aside Criminal Conviction (CC 6:11) in the court that sentenced you, with a proposed order. In county court the clerk usually schedules the hearing; in district court you get a date and file a Notice of Hearing (DC 1:15). You testify at the hearing; the prosecutor may respond. The judge decides whether it is in your best interest and consistent with public welfare.
Law: CC 6:11.2
Law: CC 6:11.2
Motion to Seal an Adult Criminal Record
File a Motion to Seal an Adult Criminal Record (CC 6:12) in the court where the case was heard. The court notifies the county or city attorney and may hold a hearing. The order goes to the Nebraska State Patrol, the Crime Commission, police and prosecutors, who must seal their records.
Expungement for Arrest Due to Law Enforcement Error
File a petition in the district court of the county of arrest, naming and serving the county attorney. You must prove by clear and convincing evidence that the arrest was the agency's error.
Court self-help
Free help in Nebraska
- Legal Aid of Nebraska - AccessLine (record sealing, set-aside and pardon help and clinics) · 1-877-250-2016
- Find free legal aid at LawHelp.org
National help
Free letter and checklist
Letter: ask for a copy of your own record
A request to the state records office (Nebraska State Patrol, Criminal Identification Division) with your name, date of birth and mailing address.
Checklist: what to gather before you file
Case numbers, court papers, proof you finished your sentence, forms and fees for Nebraska.
Clearing a record in Nebraska by topic
Set Aside of a Criminal Conviction in Nebraska
Which records each remedy covers, who is not eligible and what changes afterwards.
Waiting periods in Nebraska
How long you wait for each kind of case, and a date helper.
How to file in Nebraska
The steps, the cost, fee waivers, the forms and court self-help.
Automatic relief in Nebraska
- Law
- Automatic removal from the public record of non-conviction records
- What is cleared
- Arrests with no charges filed leave the public record 1 year after the arrest; arrests where charges were not filed because you completed diversion leave it after 2 years; cases dismissed by the court (prosecutor's motion, hearing, deferred judgment, drug or problem-solving court) or ending in acquittal are sealed immediately. Dismissals and acquittals after December 31, 2016 are sealed automatically by the court.
- Started
- Court sealing of dismissals and acquittals applies to cases ending on or after January 1, 2017; the 2018 changes (LB1132) apply to all eligible records.
- Check your record
- Official status page
Law: Neb. Rev. Stat. § 29-3523(3), (7)
Juvenile records in Nebraska
Juvenile records are sealed automatically when no charges are filed, charges are dismissed, or you complete diversion, probation or the court's program or sentence. If not, you or a parent can move to seal at age 19 (age of majority) or 6 months after the case closed, whichever is sooner; if the prosecutor objects, the court holds a hearing on rehabilitation.
Law: Neb. Rev. Stat. §§ 43-2,108.01 to 43-2,108.05
Pardons in Nebraska
- Who decides
- Nebraska Board of Pardons (Governor, Attorney General and Secretary of State); mayoral pardons for Lincoln and Omaha city-code violations
- How
- Apply to the Board of Pardons with at least three reference letters and your court documents (sentencing and probation orders, proof that fines, costs and restitution are paid). You must wait 10 years after completing a felony sentence, or 3 years after a misdemeanor sentence, with no new law enforcement contact or convictions; otherwise the wait starts over. The Board does not consider traffic, DUI or driving-under-suspension convictions. A hearing may take years to be scheduled. A Board pardon is the only way to restore gun rights, and a pardoned conviction can then be sealed.
Law: Neb. Const. art. IV, § 13; Neb. Rev. Stat. § 29-3523(5)
After your record is cleared in Nebraska
After a record is sealed, you cannot be asked about it on applications for jobs, bonding, licenses or education, or as a witness; if asked, you may answer as if the offense never occurred. A set-aside does not seal: it nullifies the conviction and removes civil disabilities, but the conviction can still be used for later sentencing, enhancement, sex-offender registration, child care, teacher and law enforcement licensing, and commercial driver's licenses.
Law: Neb. Rev. Stat. § 29-3523(8); Neb. Rev. Stat. § 29-2264(5)-(6)
Get your own record in Nebraska
Nebraska State Patrol, Criminal Identification Division · (402) 471-4545
Request a name-based Nebraska criminal history (RAP sheet) online, in person at a State Patrol troop office, or by mail with the request form; fee $45. Only fingerprinted Nebraska arrests appear.
Letter: ask the state records office for a copy of your record
Good to know in Nebraska
- Nebraska has no general expungement; a set-aside leaves the conviction visible on background checks with a set-aside notation (Nebraska State Patrol; Nebraska Judicial Branch).
- Courts must tell you at sentencing, and probation officers at discharge, that you may be eligible for a set-aside.
Law: Neb. Rev. Stat. § 29-2263
- A conviction can be sealed only after a pardon or a sex-trafficking set-aside.
Law: Neb. Rev. Stat. § 29-3523(4)-(5)
Changes in 2024–2026
Laws 2024, LB20 amended § 29-2264: the release-from-probation order in felony cases must state that voting rights are restored on completion of probation and explain the pardon process.
Questions about clearing a record in Nebraska
What is clearing a record called in Nebraska?
Set aside (convictions); sealing (non-conviction records, pardoned convictions). A set-aside nullifies your conviction but does not erase it: background checks still show the conviction with the order setting it aside. Sealing hides a record from the public; courts, police and prosecutors can still see it. Nebraska has expungement only for arrests caused by police error.
Can convictions be cleared in Nebraska?
Set Aside of a Criminal Conviction: Infraction, misdemeanor and felony convictions where you were sentenced to probation, a fine only, community service, or a term of imprisonment of one year or less. Motion to Seal an Adult Criminal Record: Cases dismissed or acquitted before January 1, 2017; convictions that were pardoned; convictions set aside because you were a victim of sex trafficking. Expungement for Arrest Due to Law Enforcement Error: Arrest records caused by a police agency's mistake.
How long do I have to wait in Nebraska?
Probation, fine only or community service: No waiting period, counted from completing probation (or early discharge), paying the fine and finishing community service; Jail or prison of 1 year or less: No waiting period, counted from completing the sentence; Re-filing after a denial (jail/prison sentence): 2 years, counted from the denial of your earlier petition; Dismissed or acquitted before Jan. 1, 2017: No waiting period, counted from no waiting period.
Does Nebraska clear records automatically?
Arrests with no charges filed leave the public record 1 year after the arrest; arrests where charges were not filed because you completed diversion leave it after 2 years; cases dismissed by the court (prosecutor's motion, hearing, deferred judgment, drug or problem-solving court) or ending in acquittal are sealed immediately. Dismissals and acquittals after December 31, 2016 are sealed automatically by the court.
Can juvenile records be cleared in Nebraska?
Juvenile records are sealed automatically when no charges are filed, charges are dismissed, or you complete diversion, probation or the court's program or sentence. If not, you or a parent can move to seal at age 19 (age of majority) or 6 months after the case closed, whichever is sooner; if the prosecutor objects, the court holds a hearing on rehabilitation.
What can I say after my record is cleared in Nebraska?
After a record is sealed, you cannot be asked about it on applications for jobs, bonding, licenses or education, or as a witness; if asked, you may answer as if the offense never occurred. A set-aside does not seal: it nullifies the conviction and removes civil disabilities, but the conviction can still be used for later sentencing, enhancement, sex-offender registration, child care, teacher and law enforcement licensing, and commercial driver's licenses.
How do I get a copy of my criminal record in Nebraska?
Request a name-based Nebraska criminal history (RAP sheet) online, in person at a State Patrol troop office, or by mail with the request form; fee $45. Only fingerprinted Nebraska arrests appear.
Where can I get free help in Nebraska?
Legal Aid of Nebraska - AccessLine (record sealing, set-aside and pardon help and clinics).