How it works in Nebraska
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Request your Record
Complete and submit your application to request an official copy of your criminal history record from the Nebraska State Patrol.
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Review your Record
Confirm there is no disqualifying information in your history. If there is something incorrect, follow the process to challenge the issue. If everything is accurate, make a copy for your file and keep the original somewhere safe.
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Request Certified Documents
Collect certified copies of relevant documents. These include a copy of the disposition of the case from the clerk of court that handled the original case and the arrest record from the arresting agency. If you had probation or parole, had to take classes, had to pay fees, or had any other obligations, you also need certified proof that you completed those requirements.
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Verify the Final Documents
Review each document for accuracy. Confirm each one is certified and clearly shows you completed your obligations. Make copies of every original.
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Prepare your Petition
Complete the petition based on the type of charge and outcome you are seeking. There are no timing restrictions to note — you can submit as soon as your documents are in order.
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Finalize your Petition
Take the completed petition from Step 5, the documents collected in Step 3, and the background check from Step 1, and put them together in a complete package. Double-check every file in the package is the original and ensure you have a copy of the complete package for your personal file.
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File your Expeal Request
File the petition with the court that handled the original case. Filing fees in Nebraska vary by sentencing court — the County Court and District Court dockets carry different amounts. Whether a separate fee attaches to your set-aside motion is set by the clerk of the sentencing court, so confirm the exact amount with the clerk before filing.
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Work with the Court
After the Nebraska court confirms it has received your filing, watch for the next instructions — typically a hearing notice or a request for additional documents. Respond promptly to anything the court asks for, and prepare for the hearing if one is scheduled.
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Receive the Court's Order
Once the judge rules, the court issues a written order either granting or denying your petition. Review the order's terms carefully — they spell out exactly which records are covered and whether the outcome is a set-aside of a conviction under Neb. Rev. Stat. § 29-2264 or a sealing/non-public-record designation under Neb. Rev. Stat. § 29-3523. If the court denies your petition, Nebraska law requires you to wait three years before refiling the same request. Keep a certified copy of the order for your own files.
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Verify the Record is Cleared
Under Neb. Rev. Stat. § 29-2264, a set-aside order nullifies the conviction for most purposes; under Neb. Rev. Stat. § 29-3523, sealing limits how criminal-history record information about you can be disseminated and removes it from the public record. Confirm with the Nebraska State Patrol and the clerk of the sentencing court that their records reflect the order. If a background-check provider later produces an outdated report, your certified copy of the court's order is your authoritative reference.
If you have to mail anything, remember to keep a copy of whatever you send and to use a method with a tracking number like the USPS Flat Rate Envelope.
Official agencies
Court forms
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