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Clearing a DUI From Your Record in Nebraska

Whether a DUI or DWI conviction can be expunged or sealed in Nebraska, and what to do instead if it can't.

Short answer: 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. Neb. Rev. Stat. § 29-2264(2), (3)(b)(iii), (6)(e), (6)(m)–(n)

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)
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)

Where to get help in Nebraska

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FAQ

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 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.

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.