How to Expunge an Arrest Record for Dismissed Charges in Nebraska

An arrest record can haunt you for years, making it difficult to find a good job, rent an apartment, or secure a professional license. In Nebraska, the law distinguishes between 'record sealing' and 'expungement.' Under Neb. Rev. Stat. § 29-3523, records of dismissed charges or acquittals are sealed from public databases rather than physically destroyed. True expungement is strictly limited to arrests resulting from law enforcement error.

Nebraska courts treat removing records from public disclosure as a substantial legal right, as recognized in State v. Coble, 299 Neb. 434 (NE Supreme Court 2018). You cannot seal or expunge a criminal conviction under this statute, but you can ensure an arrest that did not lead to a conviction is sealed from public view. Navigating this paperwork can be complex, which is why finding a local lawyer from our US Lawyer Directory is highly recommended to ensure your petition or motion is filed correctly at your local courthouse.

Step-by-Step Process in Nebraska

The timeline and process for clearing your arrest record depend entirely on how and why your case was resolved. Here is how Nebraska handles different scenarios.

Step 1: Dismissed Due to Lack of Evidence

If the prosecutor filed charges against you but the court dismissed the case due to a lack of evidence, or if you went to trial and were acquitted, your records are sealed from the public record immediately under Neb. Rev. Stat. § 29-3523(3)(c). There is no waiting period. If court records or public databases fail to update automatically, your attorney can immediately file Form CC 6:15.1, Nebraska, Judicial Branch, Motion to Seal Records due to Acquittal or Dismissal at the court where the case was heard, such as the Lancaster County District Court, Lincoln or the Douglas County District Court, Omaha.

Step 2: Dropped After Completing Pretrial Diversion

Many first-time offenders in Nebraska are offered pretrial diversion programs. These programs allow you to take classes and fulfill community service in exchange for avoiding formal prosecution. If charges were never filed because you successfully completed diversion, your arrest record remains accessible temporarily. Under Neb. Rev. Stat. § 29-3523(3)(b), this information is automatically removed from the public record two years from the date of your arrest.

Step 3: Wrongful Arrests and Unfiled Charges

Sometimes, an arrest is a complete mistake. Under Neb. Rev. Stat. § 29-3523(9), individuals arrested due to law enforcement error (such as mistaken identity) can petition the district court for a complete expungement, which physically erases the record with no waiting period. Conversely, if an arrest was valid but the prosecutor chose not to file charges, the arrest record is sealed from public view exactly one year from the date of arrest under Neb. Rev. Stat. § 29-3523(3)(a).

How Much Does it Cost in Nebraska?

While the actual filing fees for record relief in Nebraska are relatively low, there are administrative costs and legal fees to consider.

How Long Does the Process Take?

Once the statutory conditions are met-whether immediately following a dismissal or after the one-to-two-year waiting period for uncharged arrests-filing a motion to seal or petition to expunge initiates the review. After your attorney submits the filing, the county attorney has 30 days to review it and decide whether to object. If there is no objection, the judge can sign the order immediately. Overall, expect the process to take 45 to 90 days from the date of filing until your record is officially sealed or expunged by the Nebraska State Patrol.

Frequently Asked Questions (FAQ)