Nebraska Expungement — What It Actually Means and Your Real Options

Nebraska Does Not Have Traditional Expungement

If you are searching for how to expunge a criminal record in Nebraska, the first thing you need to know is that Nebraska law does not allow it — at least not in the way most people understand the word.

True expungement — the physical destruction or complete erasure of an adult criminal conviction from every database — exists only for one narrow situation in Nebraska: arrests that resulted from documented law enforcement error, proven by clear and convincing evidence in a district court proceeding under Neb. Rev. Stat. § 29-3523(9). Unless a law enforcement agency arrested you by mistake and you can prove it, expungement is not available for your conviction.

That does not mean you have no options. Nebraska provides three distinct record relief mechanisms, each with different effects on what shows up when someone runs a background check.

Your Three Actual Options

1. Judicial Set-Aside (Neb. Rev. Stat. § 29-2264)

A set-aside is the most accessible remedy for eligible convictions. The sentencing judge issues an order declaring that you have been rehabilitated and that the conviction is "set aside and nullified."

What it does: Removes civil disabilities caused by the conviction (difficulty getting jobs, housing, or professional licenses due to the record). Courts recognize you as rehabilitated.

What it does not do: A set-aside does not seal, erase, or hide the record. A standard background check will still display the original charge and conviction, with an added notation that the conviction was subsequently set aside. Employers and landlords can see it.

Who qualifies: People sentenced to probation, community service, a fine-only sentence, or jail of one year or less. You must have completed all sentencing terms and paid all fines and restitution in full.

Who does not qualify: Convictions with prison sentences over one year, sex offenses, motor vehicle offenses (including DUI), or anyone with pending criminal charges.

2. Record Sealing (Neb. Rev. Stat. § 29-3523)

Record sealing does what most people think expungement means — it completely restricts public access, removes the records from commercial databases, and allows you to legally respond to inquiries as if the offense never happened.

The catch: Record sealing is strictly unavailable for active, unpardoned adult convictions. It is reserved for:

• Non-conviction records: Dismissals, acquittals, completed diversions, and uncharged arrests
• Human trafficking cases: Victims whose charges were related to their trafficking
• Pardoned convictions: Convictions that have already received a full gubernatorial pardon from the Nebraska Board of Pardons

If your case was dismissed after December 31, 2016, it is automatically sealed — you do not need to file anything. If your dismissal occurred before 2017, you need to file a manual Motion to Seal (Form CC 6:12).

3. Executive Pardon (Nebraska Board of Pardons)

A pardon is the heaviest tool and the slowest process. You apply to the Board of Pardons (the Governor, Attorney General, and Secretary of State sitting together), wait for a public hearing at the State Capitol, and present your case for rehabilitation.

Waiting periods: Three years of clean record after completing a misdemeanor sentence; ten years for a felony.

Processing time: Two to five years from application to hearing due to the Board's administrative backlog.

Why it matters: A pardon is the only way to make a conviction eligible for sealing. It is also the only way to restore firearm rights — and only if the pardon order specifically authorizes it.

Set-Aside vs. Expungement — the Key Difference

The confusion between these terms causes real problems. People file for a set-aside expecting their record to disappear, then discover months later that employers can still see the conviction on a background check.

A set-aside changes the legal status of the conviction (nullified, rehabilitation recognized) without changing its visibility. Record sealing changes visibility (removed from public databases) but is only available for non-convictions or pardoned offenses. True expungement (destruction of the record) is effectively unavailable for convictions.

For most Nebraska residents with an adult conviction, the realistic path is either a set-aside alone (if the conviction qualifies) or a pardon followed by a sealing petition (for everything else).

Which Path Is Right for You

Start with a set-aside if your conviction involved probation, a fine, community service, or jail of one year or less — and it was not a sex offense, motor vehicle offense, or DUI. This is the fastest and least expensive option, with filing fees of $87 to $144. Filing to hearing typically takes 30 to 90 days.

You need a pardon if your conviction involved prison time over one year, a sex offense, a DUI, or if you need complete record sealing or firearm rights restoration. The pardon process is free to apply for but takes years — a 3-to-10-year clean-record waiting period followed by a 2-to-5-year administrative backlog before your hearing is scheduled.

You may qualify for sealing right now if your case was dismissed, you were acquitted, or charges were dropped. Post-2016 dismissals are automatically sealed. Pre-2017 dismissals require a petition using Form CC 6:12.

Voting Rights Are Restored Separately

One piece of good news: since the Nebraska Supreme Court's October 2024 decision in Spung v. Evnen, voting rights are automatically restored immediately upon completion of the entire sentence — including probation and parole. You do not need a set-aside, a sealing order, or a pardon to register to vote. The two-year waiting period that previously applied has been eliminated.

This is separate from record relief. Getting your voting rights back does not change what appears on a background check.

The Nebraska Expungement & Record Sealing Guide maps out all three pathways with exact forms, filing fees, waiting periods, and hearing preparation — so you can identify which route applies and follow it through.

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