Nebraska Expungement & Record Sealing Guide

Who Qualifies for Expungement in Nebraska?

Nebraska does not have traditional expungement — instead, it offers a "set aside" of conviction, which vacates the judgment but does not destroy the record. The set aside is visible on background checks but noted as "set aside."

Who Qualifies

• Anyone who has completed their sentence, including probation, parole, and payment of fines
• No fixed waiting period — the court weighs:
  • Your behavior since conviction
  • The nature of the offense
  • Your rehabilitation
  • Whether set aside is in the public interest

Not Eligible

• Class I, IA, IB, IC, and ID felonies (most serious violent crimes)
• Sex offenses requiring registration
• Traffic offenses (generally)

What a Set Aside Does

A set aside vacates the judgment and releases you from penalties and disabilities. However, the arrest and conviction record still exists and may still appear on some background checks — noted as "set aside." This is less protective than full expungement but still beneficial for employment and licensing purposes.

Step-by-Step: How to Clear Your Record in Nebraska

1. File a motion for set aside — In the sentencing court. No specific form required statewide; format varies by county.
2. Notify the county attorney — The county attorney may respond.
3. Hearing — The court holds a hearing and considers your petition on its merits.
4. Order issued — If granted, the court vacates the judgment and notifies the Nebraska State Patrol.

Waiting Periods

Nebraska has no fixed waiting period. Courts generally look for meaningful time since sentence completion and demonstrated rehabilitation. In practice, most petitions are filed at least 2–5 years after discharge.

Costs

• Filing fee: ~$100 (varies by county)
• Attorney fees: $750–$2,500

Nebraska Legal Aid offers free assistance at nebraskalegalaid.org.

What Record Clearing Does (and Doesn't) Do in Nebraska

After a successful expungement or sealing in Nebraska, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Nebraska for advice specific to your situation.