Nebraska Expungement Law

Expungement of Criminal Records - General - Nebraska

1.  What is an expungement?

The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.

2.  What records may be expunged?

Criminal history records information may be expunged. N.R.S. § 29-3523. Records placed in a DNA database pursuant to a sexual offense may be expunged. N.R.S. § 29-4109. Records in a Sexual Offender registry may also be expunged. N.R.S. § 29-4010.

3.  Who is eligible for an expungement?

1) A person whose arrest is made as a result of an error by a law enforcement agency. N.R.S. § 29-3523. A person whose sexual offense conviction is reversed may have related DNA records expunged. N.R.S. § 29-4109.
2) Persons whose sexual offender registration duty has expired, has no pending sex offense charges, and is not at a substantial risk of reoffending may have records in a sexual offender registry expunged. N.R.S. § 29-4010.

4.  How do I get records expunged?

Any person arrested due to the error of a law enforcement agency may file a petition with the district court for an order to expunge the criminal history record information related to that error. The petition must be filed in the district court of the county in which the petitioner was arrested. The county attorney must be named as the respondent and must be served with a copy of the petition. The court may grant the petition and issue an order to expunge such information if the petitioner shows by clear and convincing evidence that the arrest was due to error by the arresting law enforcement agency. N.R.S. § 29-3523.

Any person having a duty to register under the Sex Offender Registration Act may file a petition with the district court for an order to expunge the information The petition must be filed in the district court of the county in which the petitioner was convicted of the sex offense. If the petitioner was convicted in another state, the petition must be filed in the district court of the county where the petitioner resides. A nonresident may file in the district court of the county where he or she is employed, attends  school, or had a prior duty to register under the act. The county attorney must be named as the respondent and must be served with a copy of the petition.

The court may grant the petition and issue an order to expunge the information if the petitioner shows by clear and convincing evidence that

(a) the petitioner's duty to register has expired,
(b) does not have a criminal charge pending and is not under criminal investigation for a registrable offense under and
(c) is not a substantial risk to commit another registrable offense. N.R.S. § 29-4010.

A person whose DNA record has been included in the State DNA Database under the DNA Detection of Sexual and Violent Offenders Act may request expungement on the grounds that the conviction on which the authority for including their DNA record was based has been reversed and the case dismissed. The Nebraska State Patrol must purge all DNA records and identifiable information in the data base relating to the person and destroy all DNA samples from the person upon receipt of a written request for expungement pursuant to this section and a certified copy of the final court order reversing and dismissing the conviction.

Within ten calendar days of granting expungement, the Nebraska State Patrol must provide written notice of the expungement to the subject of the records and any person to whom DNA records and samples have been made available. N.R.S. § 29-4109.