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Nebraska Expungements in a Nutshell
An adult’s criminal conviction in Nebraska cannot be “erased.” It can be “pardoned” or “set-aside,” but it will not be erased. Once there is a conviction on your record, it always will be on your record. In Nebraska, there are no laws or statutes that allow a complete expungement of your criminal history. Any law enforcement contact, arrest, or conviction will remain on your criminal history forever.
A pardon is a formal forgiveness granted by the Board of Pardons.
A set-aside is an order by the judge who sentenced you in a criminal case which voids the conviction. As part of the decision to set-aside a criminal conviction, a judge must believe that it is in your best interest to do so and that setting aside the conviction is “consistent with the public welfare.”
The decision is “discretionary,” which means it is totally up to the judge. While the set-aside does not erase a criminal record, the order setting aside the conviction is added to the criminal record. Since a criminal conviction affects your ability to get a job, a potential employer doing a criminal background check will see both the conviction and the order which “sets aside” that conviction.
Juvenile records are automatically sealed in Nebraska unless:
- The offense occurred prior to July 15, 2010
- The court elected not to automatically seal the record
- You are under the age of 17
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