Best Nebraska Record Clearing Option for Old Misdemeanors

If an old misdemeanor is still showing up on your Nebraska background check, the best path to clearing it depends on whether you were convicted or the case was dismissed. For a misdemeanor conviction, you need a judicial set-aside under Neb. Rev. Stat. § 29-2264 — it nullifies the conviction and restores your civil rights, though the record stays visible with a set-aside notation. For a dismissed misdemeanor, you may already qualify for full sealing under § 29-3523, which removes the record from public background checks entirely. Either way, old misdemeanors are the most straightforward cases in Nebraska's record-relief system and the most favorable for self-represented filers.

Why Old Misdemeanors Are the Easiest Cases

Nebraska judges grant set-aside petitions for old misdemeanors at high rates because these cases check every box the statute cares about:

Time works in your favor. The longer ago your conviction was, the stronger your rehabilitation narrative. A misdemeanor from 8 or 15 years ago with no subsequent offenses is about as clean a case as judges see. There's no statutory waiting period to file a set-aside, but the passage of time without reoffending is the single most persuasive factor at the hearing.

Sentences are fully completed. Old misdemeanor sentences — fines, probation, community service — are almost always long finished. Outstanding financial obligations are the number-one reason petitions get denied, but on a misdemeanor from a decade ago, those are typically paid off.

Prosecutors rarely oppose. County attorneys and city prosecutors pick their battles. Contesting a set-aside petition on a 10-year-old shoplifting charge or disorderly conduct isn't a priority, and many don't even appear at the hearing. When they do, they frequently take no position on older misdemeanor cases.

The process itself is simple. Misdemeanor set-asides are filed in county court, where filing fees are lower ($87 vs. $144 in district court) and hearings are scheduled automatically by the clerk. County court procedures are more streamlined and less formal than district court — you don't need to track down the judge's bailiff to get a hearing date.

Which Remedy Applies to Your Old Misdemeanor

Your path depends entirely on how the case ended:

Scenario 1: You Were Convicted (Guilty Plea, No Contest, or Trial Verdict)

Your remedy: Judicial set-aside under Neb. Rev. Stat. § 29-2264.

This applies to any misdemeanor conviction where the sentence has been fully served and all financial obligations paid. There's no minimum waiting period, no limit on how old the conviction can be, and no restriction on the type of misdemeanor (with the exception of motor vehicle offenses — including DUI — which are excluded under the statute, and offenses requiring sex offender registration).

What it does: The judge enters an order that nullifies the conviction and restores your civil rights. Your record still shows the original charge and conviction, but it now includes a notation that the conviction was set aside — signaling to anyone running a background check that a court found evidence of rehabilitation.

What it costs: $87 filing fee in county court, plus $30 for your RAP sheet and $17 for a JUSTICE court search (free at a courthouse kiosk). Total out of pocket: roughly $117–$134. If you qualify for an In Forma Pauperis fee waiver, the filing fee drops to zero.

Scenario 2: The Case Was Dismissed or You Were Acquitted

Your remedy: Record sealing under Neb. Rev. Stat. § 29-3523.

If your case was dismissed, the charges were dropped, or you were acquitted at trial, you may be eligible for full sealing — which removes the record from public background checks entirely.

If the dismissal happened after December 31, 2016: The record should have been automatically sealed by the court clerk. If it's still showing on your background check, the automated process may not have caught it. Contact the court clerk's office where the case was handled — they may be able to trigger the sealing without you filing a petition.

If the dismissal happened before January 1, 2017: You need to file a Motion to Seal an Adult Criminal Record (Form CC 6:12) in the court where the charges were originally processed. The process is similar to a set-aside — file the motion, pay the filing fee, appear at a hearing, and testify that the case meets the statutory requirements for non-conviction sealing.

Scenario 3: You Completed a Diversion Program

Diversions that result in case dismissal are treated as non-convictions under Nebraska law. If you completed a diversion program and the underlying charges were dismissed, your record is eligible for sealing following the same rules as Scenario 2 — automatic sealing for post-2016 dismissals, petition-based sealing for pre-2017 cases.

The Filing Process for an Old Misdemeanor Set-Aside

Here's the process from start to finish — most people complete it in 6–10 weeks:

1. Pull your records. Request your criminal history from the Nebraska State Patrol ($30) and run a JUSTICE court database search ($17 online or free at a courthouse kiosk). Verify that all fines and court costs are paid — any outstanding balance means automatic denial.

2. Complete the forms. Fill out Form CC 6:11 (Petition to Set Aside Criminal Conviction) and Form CC 6:11.2 (Proposed Order Setting Aside a Criminal Conviction). These are standardized Supreme Court forms — every field is required.

3. File in the original court. Submit your petition to the clerk of the county court where you were convicted. Not your current county of residence — the court that entered the conviction. Pay the $87 filing fee or submit an In Forma Pauperis affidavit if you can't afford it.

4. Serve the prosecutor. Serve a copy of your petition and the hearing notice on the county attorney or city prosecutor who handled the original case. Certified mail usually costs around $8.

5. Attend the hearing. In county court, the clerk schedules the hearing automatically and sends notice to both parties. The hearing typically lasts 10–15 minutes. You'll testify under oath about your rehabilitation — employment, education, community involvement, and how the conviction has impacted your life.

6. Get your certified order. When the judge grants the petition, get a certified copy of the signed order from the clerk's office immediately. You'll need this for employers and landlords before digital records update (which takes 30–60 days).

Who This Is For

• Anyone with an old misdemeanor conviction that's blocking employment, housing, or a professional license in Nebraska
• People who completed their sentence years ago and assumed the record would "fall off" (it doesn't — Nebraska records are permanent without court action)
• Self-represented filers who want the most straightforward path to record relief
• Anyone who's been quoted $1,500+ by an attorney for a case that's ultimately a standardized filing in county court

Who This Is NOT For

• People with felony convictions carrying sentences over one year — your path is a pardon through the Board of Pardons, not a set-aside
• Anyone with outstanding fines, restitution, or court costs on the old misdemeanor — these must be paid first, or the petition will be denied
• Filers with pending criminal charges — resolve those before petitioning
• People with misdemeanor convictions requiring sex offender registration — these aren't eligible for set-aside under § 29-2264

The Honest Tradeoffs

What you gain: A nullified conviction with a court finding of rehabilitation. Restored civil rights. A notation on your record that signals to employers, landlords, and licensing boards that a judge reviewed your case and determined you've moved past it.

What you don't gain: The record doesn't disappear. Background checks still show the original charge and conviction — they just also show the set-aside order. For most practical purposes (employment, housing, licensing), this is enough. Employers increasingly understand what a set-aside means.

What it costs you: A few hours of preparation, $117–$134 in fees, and one court appearance. Compared to a $2,000+ attorney retainer for the same standardized process, the economics are decisive for old misdemeanor cases.

The Nebraska Expungement & Record Sealing Guide includes the Remedy Finder decision framework that maps your specific record to the correct path, form-by-form instructions for both set-aside petitions and sealing motions, hearing preparation guidance, and a detailed post-order checklist for updating your background check.

Frequently Asked Questions

How old does a misdemeanor have to be before I can file a set-aside?

There's no minimum waiting period under § 29-2264. You can technically file the day after completing your sentence. That said, judges look more favorably on petitions where meaningful time has passed — several years without reoffending is strong evidence of rehabilitation. For misdemeanors that are 5, 10, or 15+ years old, the passage of time itself is your strongest argument.

Will a set-aside make my old misdemeanor disappear from background checks?

No — a set-aside doesn't erase or seal the record. The conviction stays visible, but it now carries a notation showing it was nullified by court order. The practical effect is that employers and landlords see a rehabilitated person rather than someone with an active conviction. If the case was dismissed (not convicted), sealing under § 29-3523 does remove it from background checks entirely.

Can I file for a set-aside on multiple old misdemeanors at once?

If the misdemeanors are from the same case in the same court, one petition can cover them. If they're from different cases or different courts, each needs its own petition filed in the court where that conviction was entered, with its own filing fee. For old misdemeanors scattered across different Nebraska counties, this can mean filing in several courts — but each individual filing is still straightforward.

What if the court or prosecutor's office has changed since my case?

Courts don't close — your petition goes to the current clerk of the court that handled the original case. If the prosecuting office has reorganized (e.g., a city merged its prosecutor's office with the county attorney), serve the current office that handles that court's cases. The clerk's office can tell you who to serve.

My employer says they don't care about set-asides and will still hold the conviction against me. Is there anything else I can do?

Nebraska law doesn't currently prohibit private employers from considering set-aside convictions in hiring decisions (unlike some states with "ban the box" laws that restrict inquiry timing). However, state agencies and many larger employers have internal policies that treat set-aside convictions differently from active ones. For licensing boards — which are often the strictest about criminal history — a set-aside order with the court's finding of rehabilitation is exactly the documentation they require. If employment discrimination based on a set-aside conviction seems like a pattern, Legal Aid of Nebraska or the Nebraska Equal Opportunity Commission may be able to advise on your options.

See more Nebraska guides →