About Your Criminal Record: Questions And Answers
Can Criminal Convictions In Nebraska Be Expunged?
The criminal conviction of an adult cannot be legally expunged or erased in Nebraska. There are provisions in state law for setting aside convictions and pardoning individuals. But these are not expungement. Once you are convicted of a crime here, that conviction will remain on your record.
Are Juvenile Criminal Records Open To Members Of The Public?
Juvenile records are treated differently by the state. Delinquencies are automatically sealed unless the court decides not to seal the record automatically. They are also sealed in cases of delinquency by minors aged 17 and younger.
What Is A Set-Aside?
A set-aside is the voiding of a criminal conviction, by the judge who sentenced you. In order to set aside a conviction, a judge must be convinced that doing so is in both your best interests and consistent with the public welfare.
The conviction does not cease to exist. But the record of your conviction is accessible only to law enforcement and other entities. Your prospective employer may see the record of the conviction, and that it was set aside.
Am I Eligible To Have My Record Sealed?
It is possible to have the record of your arrest sealed if one of these conditions applies:
- You were arrested erroneously.
- The prosecution decides not to file charges against you, and one year or more has passed since the arrest.
- No charges were filed against you because you completed a diversion program and have not been arrested for any reason for two years.
- Charges were filed but dismissed at the request of the prosecuting attorney; or your dismissal is the outcome of a hearing; and, a minimum of three years have passed since your arrest.
Does Law Enforcement Store My DNA Even If My Criminal Conviction Is Overturned?
If your Nebraska criminal conviction is reversed, you may ask that your DNA record be removed from the state’s DNA database.
What Is A Pardon?
A pardon is a formal forgiveness granted by the State of Nebraska Board of Pardons. You can request a pardon on your own or through an experienced lawyer or another party.