Nebraska Expungement Laws: Set Aside vs. Sealing and How Relief Works
Nebraska Expungement Laws: Set Aside vs. Sealing and How Relief Works
Nebraska does not offer traditional expungement of criminal convictions. The state provides two distinct remedies under the Nebraska Revised Statutes: a "set aside" of a conviction under Neb. Rev. Stat. § 29-2264, and sealing of arrest records and non-conviction records under § 29-3523.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Nebraska state law only. For a 50-state comparison, see Expungement Laws by State.
Does Nebraska Have Expungement?
Nebraska does not have a general expungement statute that erases or destroys conviction records. When people search for "Nebraska expungement," they are generally looking for one of two separate legal remedies: the set-aside process under Neb. Rev. Stat. § 29-2264, which nullifies a conviction without removing it from public view, or the sealing process under § 29-3523, which applies primarily to arrest records that did not result in a conviction.
The Nebraska Judicial Branch's Criminal Record Rehabilitation self-help pages use the terms "set aside," "sealing," and "pardon" to describe these remedies, and the courts do not use "expungement" in their official guidance except to describe a narrow procedure for arrests caused by law enforcement error. Understanding this terminology matters because a set aside and a sealing order operate very differently and serve different populations. A set aside addresses a conviction that was obtained and completed; a sealing order addresses records of arrests that did not lead to a final conviction or that have been pardoned.
The practical result is that Nebraska residents with completed convictions can obtain a set aside, which changes the legal status of a conviction and restores most civil rights, while leaving the original record visible. Residents whose arrests ended without conviction can, in most cases, have those records sealed so that they are not accessible to the public at all.
Set Aside of a Conviction Under Neb. Rev. Stat. § 29-2264
A set aside is the primary remedy for a completed conviction in Nebraska. Under Neb. Rev. Stat. § 29-2264, a court may issue an order setting aside a conviction after the person has served the sentence. The order nullifies the conviction and removes civil disabilities associated with it, but it does not erase the record from public view. A background check will still show the original conviction alongside a notation indicating that it was set aside by the sentencing court.
This means an employer who runs a standard background check will see both the conviction and the set-aside order. The Nebraska Judicial Branch's self-help guidance states that individuals must still disclose the conviction when directly asked by employers or landlords, though they may explain that the court subsequently nullified it. The set-aside does not restore rights removed by felony or domestic violence convictions, such as the right to possess a firearm; only a pardon from the Board of Pardons can restore those rights.
The set-aside order also does not prevent use of the conviction for sentencing enhancement in any later criminal case, and it does not eliminate the conviction for purposes of impeachment as a witness or for determining eligibility for a future set-aside petition. This is a meaningful distinction from expungement in states where expunged records cannot be used in subsequent proceedings.
Key statute: Neb. Rev. Stat. § 29-2264, as amended by Laws 2024, LB20, § 3.
Who Qualifies for a Set Aside
Eligibility for a set aside depends on the type of sentence imposed at conviction. Neb. Rev. Stat. § 29-2264 establishes two main eligibility pathways.
The first pathway, under subsection (2), covers any person convicted of a misdemeanor or felony who was placed on probation or sentenced to a fine only or to community service. This group may petition the sentencing court to set aside the conviction after satisfying the full conditions of probation or after early discharge from probation, and after paying any fine imposed. There is no additional waiting period beyond successful completion; the petition becomes available upon sentence completion. The statutory bars listed in subsection (3)(b) do not apply to petitions filed under this pathway.
The second pathway, under subsection (3)(a), covers persons who received a sentence of imprisonment of one year or less and who were not placed on probation, sentenced to a fine only, or sentenced to community service. Those individuals may petition after completing the sentence. Importantly, persons sentenced to more than one year of imprisonment are not eligible for a set aside under § 29-2264 unless the sentence was structured as probation. This means many higher-level felony convictions that carried a state prison term of more than one year cannot be set aside, even after release.
Subsection (3)(b) lists bars that apply specifically to petitions filed under the (3)(a) imprisonment pathway. A court must deny such a petition if, at the time of filing, the person has a criminal charge pending in any court in the United States or any other country. The petition is also denied if the person is currently required to register under the Nebraska Sex Offender Registration Act, if the conviction is for a misdemeanor or felony motor vehicle offense under Neb. Rev. Stat. § 28-306 or the Nebraska Rules of the Road, or if the person filed a prior set-aside petition under subsection (3)(a) that was denied within the last two years. These bars apply to the (3)(a) pathway only; the official Nebraska Judicial Branch self-help guidance confirms that individuals who received probation, a fine only, or community service are not subject to these same restrictions when petitioning under subsection (2).
Even for eligible petitions, the court retains discretion. A judge weighs the person's behavior after sentencing, the likelihood of rehabilitation, the time elapsed since the offense, the person's employment and community history, and whether granting the set aside would serve the best interests of the petitioner and be consistent with the public welfare.
Key statute: Neb. Rev. Stat. § 29-2264.
How to File for a Set Aside
To petition for a set aside, the applicant must complete two Nebraska court forms: Petition to Set Aside Criminal Conviction (Form CC 6:11) and Order Setting Aside a Criminal Conviction (Form CC 6:11.2), both available from the Nebraska Judicial Branch website at nebraskajudicial.gov.
The petition is filed in the court that handled the original case. For county court cases, the clerk's office typically schedules the hearing. For district court cases, the applicant must contact the bailiff and separately file a Notice of Hearing (Form DC 1:15), providing copies to the prosecutor. Local court rules may impose additional requirements, and filing fees vary by county.
At the hearing, the applicant testifies under oath about their record and rehabilitation. The prosecutor may object. If the prosecutor objects, the applicant may respond before the judge rules. The applicant is not trying to prove innocence at this hearing; the purpose is to demonstrate rehabilitation and show why the set aside is in the public interest.
After a successful hearing, it takes several days for the JUSTICE court record system and the Nebraska State Patrol's criminal history database to update and reflect the set-aside order.
Key forms: Nebraska Judicial Branch Form CC 6:11 (Petition) and CC 6:11.2 (Order); Nebraska Judicial Branch self-help page at nebraskajudicial.gov/self-help/criminal-record-rehabilitation/set-aside-criminal-conviction.
Sealing of Arrest Records and Non-Conviction Records Under Neb. Rev. Stat. § 29-3523
Nebraska's record sealing statute operates separately from the set-aside process and serves a different population. Neb. Rev. Stat. § 29-3523 governs when arrest records are removed from the public record or sealed, and it distinguishes between automatic removal and motion-based sealing.
Automatic removal applies in three situations. When no charges are filed following an arrest, the criminal history record is automatically removed from the public record one year from the date of arrest. When a person completes a diversion program and charges are subsequently dismissed, the record is automatically removed two years from the date of arrest. When a case is dismissed or results in acquittal, the record is removed from the public record immediately upon the entry of the dismissal order or the acquittal, with no petition or application required. For cases dismissed or resulting in acquittal on or after January 1, 2017, this automatic process occurs at the court level.
Motion-based sealing applies in three additional situations. For dismissals or acquittals that occurred before January 1, 2017, the person must file a Motion to Seal an Adult Criminal Record (Form CC 6:12) in the court that handled the case. Sealing is also available by motion for any person whose conviction was set aside under the sex trafficking victim statute at Neb. Rev. Stat. § 29-3005, and for any person who has received a pardon from the Board of Pardons for the conviction in question.
The legal effect of sealing under § 29-3523 is stronger than a set aside. Once a record is sealed, the person may respond to any public inquiry as if the events never occurred. The Nebraska Judicial Branch guidance states that sealed records are "not available to the public," though sealing is explicitly not the same as expungement and does not remove information from private background check databases that collected the information before sealing occurred.
Key statute: Neb. Rev. Stat. § 29-3523.
Pardons and Their Role in Sealing
A pardon from the Nebraska Board of Pardons is a separate remedy that can enable subsequent sealing of a conviction record. The Board consists of the Governor, the Attorney General, and the Secretary of State. A majority vote is required to grant a pardon.
To apply, a person must have completed the entire sentence. The waiting period for a pardon is 10 years of a clean record following sentence completion for a felony, and 3 years of a clean record for a misdemeanor. Any contact with law enforcement or additional conviction during the waiting period restarts the clock. The application requires a notarized Authorization and Release form, at least three character reference letters, and court documents showing that all fines and restitution have been paid.
A pardon is an act of forgiveness and does not by itself erase or expunge a conviction. However, once a pardon is granted, the person becomes eligible to file a Motion to Seal under § 29-3523, which removes the pardoned conviction from the public record.
Key source: Nebraska Board of Pardons website at pardons.nebraska.gov.
True Expungement: Arrests Due to Law Enforcement Error
Nebraska law provides one narrow pathway for true expungement, meaning the physical removal of records from the system rather than sealing or set aside. Under § 29-3523 and related provisions, a person who was arrested due to the error of a law enforcement agency may petition the district court to expunge the records by demonstrating through clear and convincing evidence that the arrest resulted from that error.
This remedy is available only to persons who were arrested through a law enforcement mistake, such as a mistaken-identity arrest or an erroneous warrant. It does not apply to cases where the arrest was lawful but charges were later dropped for evidentiary reasons. The petition is filed in district court with the county attorney named as respondent.
Disclaimer: This article describes Nebraska criminal record relief law as verified on May 29, 2026. It is not legal advice. Laws may change and individual circumstances vary significantly. Consult a licensed Nebraska attorney before taking any action regarding your criminal record.
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Sources
The statutes and official guidance cited in this article are drawn from the Nebraska Legislature (nebraskalegislature.gov), the Nebraska Judicial Branch (nebraskajudicial.gov), and the Nebraska Board of Pardons (pardons.nebraska.gov).
- Neb. Rev. Stat. § 29-2264 (Set Aside of Conviction): nebraskalegislature.gov/laws/statutes.php?statute=29-2264
- Neb. Rev. Stat. § 29-3523 (Criminal Record Sealing): nebraskalegislature.gov/laws/statutes.php?statute=29-3523
- Neb. Rev. Stat. § 29-3005 (Sex Trafficking Victim Set Aside): nebraskalegislature.gov/laws/statutes.php?statute=29-3005
- Nebraska Judicial Branch, Set-Aside of a Criminal Conviction: nebraskajudicial.gov/self-help/criminal-record-rehabilitation/set-aside-criminal-conviction
- Nebraska Judicial Branch, Adult Record Sealing: nebraskajudicial.gov/self-help/criminal-record-rehabilitation/adult-record-sealing
- Nebraska Judicial Branch, Criminal Record Rehabilitation: nebraskajudicial.gov/self-help/criminal-record-rehabilitation
- Nebraska Board of Pardons, Pardon Application: pardons.nebraska.gov/pardon-application
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