How to File for Expungement in Nebraska
How to apply to clear a criminal record in Nebraska: the petition, court, fee and fee waiver, and what happens at the hearing.
Short answer: 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). Nebraska Judicial Branch, Set-Aside of a Criminal Conviction; Neb. Rev. Stat. §§ 29-2264, 29-3523(5)–(6)
| How to apply | 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. |
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| Arrests and dismissed charges | 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. |
| Getting a copy of your criminal record | 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. |
Where to get help in Nebraska
More Nebraska expungement & criminal records
- Getting a Copy of Your Nebraska Criminal Record
- Expunging or Sealing a Felony in Nebraska
- Clearing a DUI From Your Record in Nebraska
- Sealing or Expunging Juvenile Records in Nebraska
- All Nebraska expungement & criminal records rules
FAQ
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.
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.
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.
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.