About clearing a record in Nebraska
A set-aside does not erase the conviction. The order voids it. It lifts the civil disabilities the conviction caused. It lifts its disqualifications too. Some uses stay. The law lists them: a later sentence, a license, sex offender rules, and more. You may petition once the sentence is done. That means the full probation term or an early discharge, each fine paid, and all community service done. If you were jailed for a year or less, you petition after the sentence ends. That petition fails in four cases. A charge is pending against you anywhere. You must still register as a sex offender. The offense was a motor vehicle offense the law names. Or a court denied your petition within the last two years. A prison term of more than one year gets no set-aside under this law.
The judge weighs how you have acted since sentencing, whether you are likely to break the law again, and anything else that matters. The judge may grant the petition when the order is in your best interest and consistent with the public welfare. The court sets a hearing. You testify.
Sealing runs on a clock. With no charges filed, the record leaves the public record one year after the arrest, citation or referral. After a finished diversion, two years. After an acquittal, the court orders the record sealed at once. The same holds for a dismissal the law lists. The prosecutor asked for it. Or it came after a hearing, a deferred judgment, or a drug court or other problem-solving court. After a pardon, you file a motion and the court must seal the record. The same holds after a set-aside as a victim of sex trafficking. A case dismissed before 2017 takes a motion too. Once sealed, no job, license or school form can ask about the offense. You may answer as if it never happened. An arrest the arresting agency made in error can be expunged. You petition the district court in the county of the arrest.
Remedies in Nebraska
- Set-Aside