Set Aside of a Criminal Conviction in Nebraska: which records can be cleared
What Nebraska law lets you clear, record by record.
Checked against official sources: October 25, 2026.
Short answer
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.
- Main remedy
- Set Aside of a Criminal Conviction
- What it covers
- 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.
- Ways to clear a record
- 3
- Automatic relief
- Yes
What each remedy covers 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
After your record is cleared
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)
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
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)
In nearby states
- South Dakota: Expungement (of arrest records); sealing after suspended imposition of sentence
- Kansas: Expungement
- Iowa: Expungement
- Colorado: Record sealing (expungement for juvenile records and mistaken-identity arrests)
Steps to clear a record in Nebraska
Start with your record
Your record lists each case; you need it to see which remedy fits. Nebraska Judicial Branch: Clean Slate - Criminal Record Rehabilitation (eligibility questionnaire) and Nebraska Judicial Branch: Set-Aside of a Criminal Conviction.
Count the waiting period
Each kind of case has its own waiting period. Waiting periods.
Start the case
Most remedies start with a petition to the court. How to file.
Get help
Ask for free help: Legal Aid of Nebraska - AccessLine (record sealing, set-aside and pardon help and clinics).
Free legal help in Nebraska
Questions about clearing a record in Nebraska
What does Nebraska call expungement?
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.
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.