Expunging or Sealing a Felony 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.

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.

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.