Nebraska Criminal Records: Set-Asides and Sealing

Nebraska has several kinds of criminal-record relief, but they do different things. Dismissed or acquitted adult charges may be sealed; a court may set aside some convictions; and expungement is reserved for limited situations such as an arrest caused by law-enforcement error. A set-aside does not erase a conviction, and sealing does not remove copies held by private background-check companies.

Dismissed charges and acquittals

Nebraska’s adult-record-sealing instructions say adult cases dismissed or ending in acquittal after December 31, 2016 are sealed automatically; earlier outcomes require a motion to seal. The court’s current instructions explain the process and required case information; local rules may apply, and the judge decides a contested request.

Sealing limits public access. The Nebraska Judicial Branch explains that criminal-justice agencies may still see sealed records, and that sealing does not remove records from privately maintained websites or commercial background-screening databases. This is why a court result and a private screening report can differ.

Set-aside of a conviction

A set-aside is an order from the sentencing court that nullifies a conviction in the court record. It does not delete the conviction from the criminal-history record. Nebraska’s court guidance says the judge decides whether to grant a request and considers factors such as later criminal history, time since the offense, rehabilitation, and whether relief is in the person’s best interest and consistent with public welfare.

The Judicial Branch provides a Petition to Set Aside Criminal Conviction (CC 6:11) and step-by-step instructions. Its forms describe the petition route for certain cases sentenced to a fine, community service, probation, or imprisonment of one year or less. Other rules may govern after probation or a pardon; do not infer that every conviction can be set aside from the same form. A set-aside may restore some rights, but the court cautions it does not restore all civil rights.

After a conviction is set aside, sealing is a separate question. Nebraska’s adult sealing instructions identify particular categories, including pardoned convictions and certain convictions connected to sex trafficking. Do not assume a set-aside alone makes the case file private or invisible to employers and screening companies.

When “expungement” may apply

Nebraska’s Judicial Branch describes adult expungement as rare and tied to clear and convincing evidence that an arrest resulted from law-enforcement error. The statutory path is a petition in district court in the county where the arrest occurred. This is not a general way to erase an accurate arrest, a dismissed case, or a conviction; dismissed and acquitted cases are addressed through sealing rules instead.

For an arrest that was never filed, a dismissed charge, or a case ending in acquittal, use the record-sealing instructions first. For an inaccurate state-history entry, contact the agency maintaining the record and ask how to correct the underlying disposition. If the problem involves mistaken identity or a law-enforcement error, the rules and proof requirements are different and legal advice may be important.

Finding your record and filing instructions

1. Write down the case number, county, court, charge, and final outcome. The Nebraska Judicial Branch suggests using court case search, courthouse terminals, or a Nebraska State Patrol criminal-history request to find missing details.
2. For an older eligible dismissal or acquittal, consult the Nebraska Judicial Branch’s current adult-record-sealing instructions for the motion process and form; verify the current version and any local procedure.
3. For a conviction, read the Judicial Branch’s set-aside information and the current CC 6:11 forms. File in the court where the case was heard and check with the clerk about local procedures.
4. Attend any required hearing and keep the signed order. The judge can grant or deny a set-aside or sealing request; meeting a threshold does not guarantee approval.
5. Check the public court record and any later screening report separately. Nebraska’s court guidance says sealing does not itself remove information from private databases.

The court forms warn that people representing themselves are responsible for completing the paperwork and that court staff cannot provide legal advice or correct forms. Copy fees and criminal-history request fees may apply; confirm current charges with the relevant office rather than relying on an old estimate.

Free legal help and referrals

Legal Aid of Nebraska’s Restorative Justice program works on dismissed-charge sealing, set-asides, pardons, and juvenile-record matters. It links to the court’s eligibility questionnaire and its step-by-step Law Help Nebraska materials. Contact the program to ask whether it can assist with the specific case; acceptance and representation are not guaranteed. The University of Nebraska College of Law Innocence Clinic also describes a Clean Slate program for selected set-aside and sealing matters.

We are not lawyers and do not provide legal advice. This page gives general information, not a decision about your eligibility. Ask a Nebraska attorney about how a set-aside or sealed record affects a specific job, license, or background check.