It is not possible to expunge a criminal conviction in Nebraska. Even a pardon will not erase or seal your criminal record. If, however, you were arrested but not convicted of a crime, or if your conviction was reversed, your record may be eligible for expungement under the circumstances described below. If your record is expunged, it will be hidden from public view. In most cases, you are permitted to say that you were not arrested.
If you were arrested but not convicted of a crime. Your record may qualify for expungement if:
- you were arrested due to the error of a law enforcement agency
- the prosecuting attorney decides not to file charges against you and at least one year has passed since the date of your arrest
- no charges were filed against you because you completed a diversion program and at least two years have passed since the date of your arrest, or
- charges were filed but dismissed by the court at the request of the prosecuting attorney or as the result of a hearing (other than a pending appeal), and at least three years have passed since the date of your arrest.
(Nebraska Revised Statutes § 29-3523.)
If your conviction was reversed. You may request that your DNA record be expunged from Nebraska’s DNA database. (Nebraska Revised Statutes § 29-4109.)
Getting Legal Help
Because Nebraska law so rarely permits expungement, you may find it difficult to clean up your criminal record. If you are not sure whether your record qualifies for expungement in Nebraska -- or for advice about your personal situation -- you should contact a qualified criminal law attorney.