Expungement Attorneys in Nebraska
Expungement in Nebraska
Nebraska only allows for expungement of your criminal record if your charges were dismissed or the prosecutor declined to file charges, or if your charges were dismissed upon completion of a diversion program. Nebraska, like many other states, does not permit expungement or sealing of misdemeanor or felony convictions.
You may also be eligible to petition for expungement if you can show that your arrest was unlawful or from an error by the arresting officer or agency. In these cases you must present clear and convincing evidence though.
Nebraska does have waiting periods before you can petition for expungement. If the prosecutor declined to present charges, there is a one (1) year waiting period from the date of your arrest. If your charges were dismissed after the completion of a diversion program, there is a two (2) year waiting period from the date of your arrest. If your case was dismissed on motion by the prosecutor or after a hearing and is not subject to a pending appeal, there is a three (3) year waiting period.
Nebraska does allow you to petition to have your DNA record expunged from the state’s DNA database if your conviction was reversed.
For juveniles, your records are sealed as a matter of law in most cases. Employers are not allowed to inquire if you have a juvenile record and your record should not be available through a criminal background check. In cases where the court deems that you were not satisfactorily rehabilitated or if you were charged at age 17 with a misdemeanor or infraction possession of marijuana, the court may not seal your record and you will have to petition the court.