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Nebraska Expungement Laws: How to Clear or Seal a Criminal Record

How to expunge or seal a criminal record in Nebraska: arrests, misdemeanors, felonies, DUI, juvenile records, waiting periods, fees and how to file.

Quick answers for Nebraska

What relief the state offers
Nebraska generally does not expunge convictions. It offers: (1) a "set-aside," a court order that nullifies a conviction but does not remove it from the record; Neb. Rev. Stat. §§ 29-2264, 29-3523; Nebraska Judicial Branch self-help pages
Misdemeanor convictions
Misdemeanor (and infraction) convictions cannot be expunged, but can be set aside. A person may petition the sentencing court after completing probation, paying a fine-only sentence, finishing community service, or completing a sentence that did not include more than one year in prison. Neb. Rev. Stat. § 29-2264(2)–(5); Nebraska Judicial Branch, Set-Aside of a Criminal Conviction
Felony convictions
Felony convictions cannot be expunged, but they can be set aside under the same rules as misdemeanors: after completed probation, a fine or community service, or a sentence that did not include more than one year of imprisonment. Neb. Rev. Stat. §§ 29-2264(2)–(3), 29-3523(5); Nebraska Judicial Branch, Pardons
Automatic (clean slate) relief
Partly. Records of arrests and charges that do not lead to conviction are removed from the public record automatically on the timelines in § 29-3523, and most juvenile records are meant to be sealed automatically. Neb. Rev. Stat. § 29-3523(3); Nebraska Judicial Branch, Juvenile Record Sealing

Last verified: 2026-10-27

Who qualifies

What relief the state offersNebraska generally does not expunge convictions. It offers: (1) a "set-aside," a court order that nullifies a conviction but does not remove it from the record; (2) sealing, which removes non-conviction records and pardoned convictions from the public record, some automatically; (3) automatic sealing of most juvenile records; (4) pardons from the Board of Pardons; and (5) true expungement only for arrests caused by law enforcement error.
Source: Neb. Rev. Stat. §§ 29-2264, 29-3523; Nebraska Judicial Branch self-help pages
Arrests and dismissed chargesNon-conviction records are removed from the public record automatically. If no charges are filed, they are removed 1 year after the arrest or citation; if no charges are filed because of completed diversion, after 2 years. If charges are filed but dismissed (including after a deferred judgment or completion of drug court or another problem-solving court) or the person is acquitted, the records are removed immediately, and the court orders all agencies to seal them. For cases dismissed before January 1, 2017, the person may file a motion asking the court to seal the records, and the court must grant it. A person arrested because of a law enforcement agency's error may petition the district court to expunge the record by proving the error by clear and convincing evidence.
Source: Neb. Rev. Stat. § 29-3523(3), (6), (7), (9)
Misdemeanor convictionsMisdemeanor (and infraction) convictions cannot be expunged, but can be set aside. A person may petition the sentencing court after completing probation, paying a fine-only sentence, finishing community service, or completing a sentence that did not include more than one year in prison. For sentences that included jail or prison, the petition must be denied if the person has a pending criminal charge, is required to register as a sex offender, the offense was a motor vehicle offense under the Rules of the Road or § 28-306, or a petition was denied in the past 2 years. The judge decides based on the person's behavior since sentencing, the likelihood of not committing more crimes, the person's best interest and the public welfare. A separate petition is needed for each conviction.
Source: Neb. Rev. Stat. § 29-2264(2)–(5); Nebraska Judicial Branch, Set-Aside of a Criminal Conviction
Felony convictionsFelony convictions cannot be expunged, but they can be set aside under the same rules as misdemeanors: after completed probation, a fine or community service, or a sentence that did not include more than one year of imprisonment. Felonies with prison sentences longer than one year cannot be set aside. They can be pardoned by the Board of Pardons after a 10-year wait, and a pardoned conviction can then be sealed.
Source: Neb. Rev. Stat. §§ 29-2264(2)–(3), 29-3523(5); Nebraska Judicial Branch, Pardons
DUI / DWI convictionsA DUI conviction cannot be expunged. If the DUI sentence was probation, a fine only, or community service, the person may petition to set it aside after completing it. If the sentence included jail, the petition must be denied, because motor vehicle offenses under the Nebraska Rules of the Road are excluded. Even a set-aside does not change driver's license points or commercial driver's license eligibility, and the conviction can still be used to increase the penalty for a later offense.
Source: Neb. Rev. Stat. § 29-2264(2), (3)(b)(iii), (6)(e), (6)(m)–(n)
Juvenile recordsAccording to the Judicial Branch, records of law enforcement contact, criminal court involvement and juvenile court involvement for acts committed by a person under 18 should be sealed automatically. When a juvenile record is sealed, the proceedings are treated as never having occurred and the person may answer public inquiries as if the case never existed. Employers may not ask whether an applicant has a sealed record. Sealed records remain available to the person, and in limited circumstances to law enforcement, prosecutors, judges, probation and DHHS.
Source: Neb. Rev. Stat. § 43-2,108.05; Nebraska Judicial Branch, Juvenile Record Sealing

How to apply

How to applyFor a set-aside, complete the Petition to Set Aside Criminal Conviction (form CC 6:11) and the proposed Order Setting Aside a Criminal Conviction (CC 6:11.2), and file them in the court where the case was heard (in person, by mail or by fax if you have no lawyer). In county court the clerk usually schedules the hearing; in district court you get a hearing date and file a Notice of Hearing (DC 1:15) with a copy to the prosecutor. You must attend the hearing and testify, and the prosecutor may object. To seal a pre-2017 dismissed case or a pardoned conviction, file a motion with the court.
Source: Nebraska Judicial Branch, Set-Aside of a Criminal Conviction; Neb. Rev. Stat. §§ 29-2264, 29-3523(5)–(6)
Automatic (clean slate) reliefPartly. Records of arrests and charges that do not lead to conviction are removed from the public record automatically on the timelines in § 29-3523, and most juvenile records are meant to be sealed automatically. Convictions are not cleared automatically.
Source: Neb. Rev. Stat. § 29-3523(3); Nebraska Judicial Branch, Juvenile Record Sealing
Getting a copy of your criminal recordThe Nebraska State Patrol's Criminal Identification Division keeps Nebraska criminal history records. You can request a criminal history online for $45.00, or bring or mail a completed Criminal History Record Request (Form 752) with $45.00 (cashier's check, personal check or money order) to any NSP Troop Area office or to the Criminal Identification Division. Without a release signed before a notary by the subject of the report, only the public record is released. The state has up to three business days to respond; online results with no record appear within minutes, and reports remain available for 14 days. The name-based request does not include a national record. NSP: 4600 Innovation Drive, Lincoln, NE 68521; general information (402) 471-4545.
Source: Nebraska State Patrol, Criminal History Record Requests

After your record is cleared

What clearing a record doesA set-aside nullifies the conviction and removes civil disabilities, but the conviction stays on the record with the order noted. Employers running background checks will see both. It does not restore gun rights lost because of a felony or misdemeanor domestic violence conviction; only a Board of Pardons pardon can. The conviction can still be used for sentencing or penalty enhancement for later offenses, for impeachment as a witness, for certain licensing decisions, and for sex offender registration. Sealing is broader: sealed records are not public, agencies respond to public inquiries as if no record exists, and on applications for employment, licenses, education and similar purposes a person cannot be asked about a sealed offense and may answer as if it never occurred.
Source: Neb. Rev. Stat. §§ 29-2264(5)–(6), 29-3523(1), (8); Nebraska Judicial Branch, Set-Aside of a Criminal Conviction
PardonsThe Nebraska Board of Pardons can pardon any conviction, and its pardon is the only way to restore gun rights lost because of a conviction. According to the Judicial Branch, applicants must wait 10 years after a felony conviction or 3 years after a misdemeanor conviction, with no law enforcement contact or new convictions during that time. The application needs three reference letters and court documents, and the applicant testifies at a hearing, which may take years to schedule. A pardoned conviction can be sealed: the person files a motion with the sentencing court, which must grant it once the pardon is shown. Lincoln and Omaha offer separate mayoral pardons for city code violations.
Source: Nebraska Judicial Branch, Pardons; Neb. Rev. Stat. § 29-3523(5)

Where to get help in Nebraska

Expungement & Criminal Records FAQ

Can you get a criminal record expunged in Nebraska?
Nebraska generally does not expunge convictions. It offers: (1) a "set-aside," a court order that nullifies a conviction but does not remove it from the record; (2) sealing, which removes non-conviction records and pardoned convictions from the public record, some automatically; (3) automatic sealing of most juvenile records; (4) pardons from the Board of Pardons; and (5) true expungement only for arrests caused by law enforcement error.
Can you clear an arrest or dismissed charge in Nebraska?
Non-conviction records are removed from the public record automatically. If no charges are filed, they are removed 1 year after the arrest or citation; if no charges are filed because of completed diversion, after 2 years. If charges are filed but dismissed (including after a deferred judgment or completion of drug court or another problem-solving court) or the person is acquitted, the records are removed immediately, and the court orders all agencies to seal them. For cases dismissed before January 1, 2017, the person may file a motion asking the court to seal the records, and the court must grant it. A person arrested because of a law enforcement agency's error may petition the district court to expunge the record by proving the error by clear and convincing evidence.
Can a misdemeanor be expunged in Nebraska?
Misdemeanor (and infraction) convictions cannot be expunged, but can be set aside. A person may petition the sentencing court after completing probation, paying a fine-only sentence, finishing community service, or completing a sentence that did not include more than one year in prison. For sentences that included jail or prison, the petition must be denied if the person has a pending criminal charge, is required to register as a sex offender, the offense was a motor vehicle offense under the Rules of the Road or § 28-306, or a petition was denied in the past 2 years. The judge decides based on the person's behavior since sentencing, the likelihood of not committing more crimes, the person's best interest and the public welfare. A separate petition is needed for each conviction.
Can a felony be expunged in Nebraska?
Felony convictions cannot be expunged, but they can be set aside under the same rules as misdemeanors: after completed probation, a fine or community service, or a sentence that did not include more than one year of imprisonment. Felonies with prison sentences longer than one year cannot be set aside. They can be pardoned by the Board of Pardons after a 10-year wait, and a pardoned conviction can then be sealed.
Does Nebraska have automatic record clearing (clean slate)?
Partly. Records of arrests and charges that do not lead to conviction are removed from the public record automatically on the timelines in § 29-3523, and most juvenile records are meant to be sealed automatically. Convictions are not cleared automatically.
Can a DUI be expunged in Nebraska?
A DUI conviction cannot be expunged. If the DUI sentence was probation, a fine only, or community service, the person may petition to set it aside after completing it. If the sentence included jail, the petition must be denied, because motor vehicle offenses under the Nebraska Rules of the Road are excluded. Even a set-aside does not change driver's license points or commercial driver's license eligibility, and the conviction can still be used to increase the penalty for a later offense.
How do you seal a juvenile record in Nebraska?
According to the Judicial Branch, records of law enforcement contact, criminal court involvement and juvenile court involvement for acts committed by a person under 18 should be sealed automatically. When a juvenile record is sealed, the proceedings are treated as never having occurred and the person may answer public inquiries as if the case never existed. Employers may not ask whether an applicant has a sealed record. Sealed records remain available to the person, and in limited circumstances to law enforcement, prosecutors, judges, probation and DHHS.
How do you file for expungement in Nebraska?
For a set-aside, complete the Petition to Set Aside Criminal Conviction (form CC 6:11) and the proposed Order Setting Aside a Criminal Conviction (CC 6:11.2), and file them in the court where the case was heard (in person, by mail or by fax if you have no lawyer). In county court the clerk usually schedules the hearing; in district court you get a hearing date and file a Notice of Hearing (DC 1:15) with a copy to the prosecutor. You must attend the hearing and testify, and the prosecutor may object. To seal a pre-2017 dismissed case or a pardoned conviction, file a motion with the court.
What happens after a record is expunged or sealed in Nebraska?
A set-aside nullifies the conviction and removes civil disabilities, but the conviction stays on the record with the order noted. Employers running background checks will see both. It does not restore gun rights lost because of a felony or misdemeanor domestic violence conviction; only a Board of Pardons pardon can. The conviction can still be used for sentencing or penalty enhancement for later offenses, for impeachment as a witness, for certain licensing decisions, and for sex offender registration. Sealing is broader: sealed records are not public, agencies respond to public inquiries as if no record exists, and on applications for employment, licenses, education and similar purposes a person cannot be asked about a sealed offense and may answer as if it never occurred.
How do you get a pardon in Nebraska?
The Nebraska Board of Pardons can pardon any conviction, and its pardon is the only way to restore gun rights lost because of a conviction. According to the Judicial Branch, applicants must wait 10 years after a felony conviction or 3 years after a misdemeanor conviction, with no law enforcement contact or new convictions during that time. The application needs three reference letters and court documents, and the applicant testifies at a hearing, which may take years to schedule. A pardoned conviction can be sealed: the person files a motion with the sentencing court, which must grant it once the pardon is shown. Lincoln and Omaha offer separate mayoral pardons for city code violations.
How do I check my own criminal record in Nebraska?
The Nebraska State Patrol's Criminal Identification Division keeps Nebraska criminal history records. You can request a criminal history online for $45.00, or bring or mail a completed Criminal History Record Request (Form 752) with $45.00 (cashier's check, personal check or money order) to any NSP Troop Area office or to the Criminal Identification Division. Without a release signed before a notary by the subject of the report, only the public record is released. The state has up to three business days to respond; online results with no record appear within minutes, and reports remain available for 14 days. The name-based request does not include a national record. NSP: 4600 Innovation Drive, Lincoln, NE 68521; general information (402) 471-4545.

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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.