Expungement vs. Set Aside vs. Pardon: Navigating Nebraska Record Clearing Laws

Trying to clean up your criminal record in Nebraska can feel like reading a foreign language. The state has some of the strictest record-clearing laws in the country. If you file the wrong paperwork, your case will be instantly dismissed, wasting your time and money. The three primary tools available are Expungement, Set Aside, and Pardon. Each has a completely different legal definition, applies to different types of records, and offers vastly different results.

You cannot use an expungement to clear a conviction, and a set aside will not restore your gun rights. Understanding the precise differences is critical. By hiring an experienced lawyer through our US Lawyer Directory, you can ensure that you are applying for the correct legal remedy to protect your career, housing prospects, and constitutional rights.

Step-by-Step Breakdown in Nebraska

Here is exactly how Nebraska law separates these three legal processes, and when you should use each one.

Step 1: When to Use an Expungement

In Nebraska, non-conviction records are generally handled through record sealing rather than total physical erasure. Under Neb. Rev. Stat. § 29-3523, if your charges were dismissed by the court or you were acquitted, the record is removed from public view immediately upon notice. If no charges were filed, the arrest record is removed from the public record after one year, or after two years following the successful completion of a diversion program. Once sealed, the record becomes invisible to employers, landlords, and background checks. A true expungement-the physical destruction of the arrest file-is available only under Neb. Rev. Stat. § 29-3523 if you prove the arrest occurred due to law enforcement error by filing a petition in your local district court, such as the Lancaster County District Court, Lincoln.

Step 2: Why You Might Need a Set Aside

If you were actually convicted of a crime (meaning you pled guilty or a judge found you guilty), you can never expunge the record in Nebraska. Instead, you must seek a Set Aside. Governed by Neb. Rev. Stat. § 29-2264, a Set Aside is available to offenders who successfully complete their probation or pay their fines for misdemeanors and some low-level Class IV felonies. A Set Aside legally voids the conviction, meaning you are no longer considered convicted in the eyes of the state. However, the record itself is not erased. Employers will still see the original charge on your background check, but it will be stamped with the words 'Set Aside.'

Step 3: When Only a Board of Pardons Application Will Work

If you committed a serious felony, went to state prison, or need to restore your right to own a firearm, neither an expungement nor a set aside will help you. Your only option is a Pardon. A Pardon is an act of executive forgiveness granted under Neb. Const. art. IV, § 13. You must submit an Application for Pardon directly to the Nebraska Board of Pardons, Lincoln. The Board consists of the Governor, the Secretary of State, and the Attorney General. A pardon restores all your civil rights, including the right to bear arms and hold public office. However, like a set aside, it does not erase the record; it merely attaches an official certificate of forgiveness to your public file.

How Much Does Each Process Cost?

Because each process involves different branches of government, the costs and legal fees vary significantly.

How Long Does Each Process Take?

The timelines are drastically different. An expungement or a set aside is handled by local county judges and typically takes 1 to 3 months from the time your lawyer files the paperwork. A Pardon is handled by the state's highest politicians. Because the Board of Pardons receives hundreds of applications and meets infrequently, it generally takes 1 to 3 years just to get a hearing scheduled, and wait times of up to 5 years are not uncommon for complex felony cases.

Frequently Asked Questions (FAQ)