Nebraska Pardon/Expungement Process

⚖️ Nebraska Criminal Record Relief: The Big Picture

Nebraska does not offer traditional expungement for most cases. Instead, it relies on three main forms of relief:

  • Record sealing (hides records from the public)
  • Set-aside of conviction (nullifies but does not erase)
  • Pardons (restores rights and can lead to sealing)

🧾 1. Expungement (Very Limited)

In Nebraska, expungement is extremely rare.

  • There is no general expungement statute for criminal convictions
  • It is typically only available when:
    • The arrest was due to law enforcement error, OR
    • In very limited non-conviction situations

👉 In other words:
You generally cannot expunge a conviction in Nebraska.

🔒 2. Record Sealing (Primary Relief Option)

This is the most important tool in Nebraska.

What it does:

  • Removes the case from public view
  • Still visible to law enforcement and courts

Who qualifies:

You may be eligible if:

  • Charges were dismissed or you were acquitted
  • You received a pardon
  • You were a victim of human trafficking

Automatic sealing:

  • Many dismissed or not-guilty cases after Dec. 31, 2016 are sealed automatically

Key law:

  • Nebraska Revised Statute § 29-3523
    • Allows courts to order records sealed after dismissal, acquittal, or pardon

⚖️ 3. Set-Aside of Conviction

This is Nebraska’s version of “clean slate” for convictions.

What it does:

  • Nullifies the conviction, but does NOT erase it
  • The record still exists, but shows it was set aside

Eligibility:

You may qualify if:

  • You completed your sentence (probation, jail ≤ 1 year, fine, etc.)
  • You meet additional conditions depending on the case

Limits:

  • Still visible on background checks (with the set-aside noted)
  • Not all offenses qualify (e.g., some motor vehicle or sex offenses)

👉 Important reality:
This helps with employment and housing, but does not hide the record.

🕊️ 4. Pardons (Strongest Relief)

Granted by the Nebraska Board of Pardons.

What a pardon does:

  • Restores civil rights (including firearm rights in some cases)
  • Signals forgiveness, not innocence
  • Makes you eligible to seal your record afterward

Waiting periods:

  • Felony: 10 years
  • Misdemeanor: 3 years

After a pardon:

  • You can petition to seal the record under § 29-3523

🧠 Key Takeaways (Plain English)

  • Nebraska is one of the strictest states for clearing records
  • Expungement is basically off the table for most people
  • Your main options are:
    • ✅ Seal non-convictions
    • ✅ Set aside convictions
    • ✅ Seek a pardon, then seal

💡 Practical Strategy

If someone is trying to clean up a Nebraska record:

  1. Dismissed case? → likely eligible for sealing
  2. Conviction? → apply for a set-aside first
  3. Serious or older conviction? → pursue a pardon, then seal

 

In the state of Nebraska, most crimes cannot be expunged. However, you can go to court and file a Reversal of Records. The eligibility requirements are three years for a misdemeanor and ten years for felony with all sentence served and completed including parole and probation. Your record will not be erased however if granted, it will show that you have received a pardon and will benefit the individual seeking employment, education, and licensing. DUI’s cannot be expunged however, you can petition to have them sealed.

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