Nebraska Dismissed Case Record — How to Seal Dismissed Charges

A dismissed charge should be irrelevant. The state accused you, the case ended without a conviction, and that should be the end of it. But in Nebraska, whether that dismissed charge actually disappears from background checks depends entirely on when the dismissal happened — and whether you take the right steps to seal it.

Automatic Sealing for Post-2016 Dismissals

If your case was dismissed or you were acquitted after December 31, 2016, Nebraska law handles the sealing for you. Under Neb. Rev. Stat. § 29-3523, the court clerk automatically restricts public access to the record. You don't need to file anything, pay any fees, or appear in court.

Once sealed, the record is removed from public databases and commercial screening results. You can legally respond to inquiries about that case as if it never happened.

There's one exception to watch: the automatic sealing process depends on the court clerk's office actually processing it. In high-volume courts (Douglas County, Lancaster County), administrative backlogs sometimes mean the sealing doesn't happen as quickly as the statute contemplates. If you were acquitted or had charges dismissed after 2016 and the case still appears on a RAP sheet or commercial background check, contact the clerk of the court where the case was processed and ask them to confirm the sealing was entered into the system.

Pre-2017 Dismissals Require a Petition

If your case was dismissed before January 1, 2017, it's not automatically sealed. The record remains publicly accessible unless you file a Motion to Seal an Adult Criminal Record using Form CC 6:12.

Here's the process:

Prepare the motion. Download Form CC 6:12 from the Nebraska Judicial Branch website. Fill in the case number, court of record, and date of dismissal. The form is straightforward — you're establishing that the case resulted in a non-conviction disposition and requesting the court seal the record under § 29-3523.

File in the original court. Submit the motion to the clerk of the county or district court where the case was processed. Standard filing fees apply — typically $87 in county court or $144 in district court. If you can't afford the fee, file an Affidavit and Application to Proceed In Forma Pauperis (Form DC 6:7.1) at the same time.

Wait for the prosecutor's response. After filing, the court gives the prosecuting attorney 30 days to object. If no objection is filed, the court can seal the record without a hearing. If the prosecutor objects, the court will schedule a hearing where you'll need to appear and testify that the statutory requirements for sealing are met.

Verify the seal. After the order is entered, wait four to six weeks and run a name-based RAP sheet check ($30) to confirm the record no longer appears.

What About Diversion Programs?

Completed diversion programs — where you fulfilled certain conditions and the charges were dismissed — qualify for sealing under the same rules. If the diversion dismissal occurred after 2016, it should be automatically sealed. For pre-2017 diversions, you file the same Form CC 6:12 motion.

The key requirement is that the case resulted in a non-conviction disposition. If you completed diversion but the case shows a deferred judgment rather than a dismissal, verify the exact disposition with the court clerk before filing. A deferred judgment that was successfully completed and dismissed still qualifies, but one that resulted in entry of judgment and sentencing is treated as a conviction — and convictions can only be sealed after obtaining a gubernatorial pardon.

Uncharged Arrests

If you were arrested but never charged, that arrest record also qualifies for sealing under § 29-3523. The same process applies: automatic sealing for post-2016 arrests, petition-based sealing for anything older. An arrest without charges is the cleanest case for sealing — there's rarely a basis for prosecutorial objection since the state chose not to pursue the matter.

The Nebraska Expungement & Record Sealing Guide includes the complete sealing process for all non-conviction records, with a tracking worksheet to manage multiple cases across different courts.

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