How long you wait to clear a record in Nebraska

How long you wait in Nebraska for each kind of case, and what the waiting period is counted from.

Checked against official sources: October 25, 2026.

Short answer

In Nebraska you wait a set time before you can ask. The time depends on the case.

Main remedy
Set Aside of a Criminal Conviction
Waiting periods
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

Nebraska waiting period helper

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Waiting periods: 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 caseWaiting periodCounted 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

Waiting periods: 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 caseWaiting periodCounted 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

Waiting periods: Expungement for Arrest Due to Law Enforcement Error

Arrest records caused by a police agency's mistake.

Kind of caseWaiting periodCounted 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

Automatic relief in Nebraska

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.

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.

Law: Neb. Rev. Stat. § 29-3523(3), (7)

In nearby states

  • South Dakota: Arrest, no charge filed: 1 year, counted from date of arrest
  • Kansas: Arrest, dismissal or acquittal: No waiting period, counted from the arrest or end of the case
  • Iowa: Acquittal or dismissal of all charges: At least 180 days must pass after the acquittal or dismissal, unless the court finds good cause (for example, identity theft or mistaken identity), counted from the judgment of acquittal or order of dismissal

Your next steps in Nebraska

  1. Check your dates

    Your court papers show when the case ended and when your sentence was done.

  2. Look at the exclusions

    Some offenses are never eligible, and a new case can restart or stop the clock.

  3. File when you are ready

    Once enough time has passed, see how to file. How to file.

Free legal help in Nebraska

Questions about waiting periods in Nebraska

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.

When can I ask to clear my record 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.

Who helps for free in Nebraska?

Legal Aid of Nebraska - AccessLine (record sealing, set-aside and pardon help and clinics).

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