Nebraska Expungement Eligibility — Who Qualifies for Record Relief

Eligibility Depends on Your Record Type

Nebraska does not offer traditional expungement for adult convictions, so "eligibility" means determining which of the state's three record relief pathways applies to your specific situation: a judicial set-aside, record sealing, or a pardon. Each pathway has different qualifying criteria, and applying through the wrong one wastes time and filing fees.

The fastest way to determine your eligibility is to answer four questions about your record.

Question 1: Was It a Conviction or a Non-Conviction?

Non-conviction (dismissal, acquittal, dropped charges, completed diversion): You may qualify for record sealing under Neb. Rev. Stat. § 29-3523. If the dismissal occurred after December 31, 2016, the record should already be automatically sealed. If it occurred before 2017, you can file a Motion to Seal (Form CC 6:12).

Conviction: Continue to Question 2.

Question 2: What Was the Sentence?

Probation, community service, fine-only, or jail of one year or less: You may qualify for a judicial set-aside under Neb. Rev. Stat. § 29-2264. Continue to Question 3 to check for exclusions.

Prison sentence exceeding one year: A set-aside is not available. Your only option is a pardon from the Nebraska Board of Pardons, which requires a 10-year clean-record waiting period after completing the sentence.

Question 3: Is the Offense Excluded from Set-Aside?

Even if the sentence was within the set-aside threshold, certain offense categories are excluded under § 29-2264:

• Sex offenses requiring registration under the Nebraska Sex Offender Registration Act — no set-aside available
• Motor vehicle offenses including DUI/OWI, reckless driving, vehicular homicide, and driving under suspension — no set-aside available
• Any offense where you have pending criminal charges in any jurisdiction — you must wait until all pending matters are resolved

If your offense falls into an excluded category, you must pursue a pardon instead (three-year wait for misdemeanors, ten years for felonies).

If your offense is not excluded, you likely qualify for a set-aside. Continue to Question 4.

Question 4: Have You Completed Everything?

A set-aside requires that you have:

• Fully completed your sentence — all probation terms satisfied, all jail time served, all community service hours logged
• Paid all financial obligations in full — fines, court costs, restitution, and probation fees must show a zero balance with the clerk of the sentencing court
• No outstanding probation or parole — you must be fully discharged

If any financial obligation remains unpaid or any sentencing term is incomplete, you are not yet eligible. Pay the balance and complete the terms first — then you can file.

Can a Felony Be Expunged in Nebraska?

The short answer is no — but a felony can receive meaningful record relief depending on the sentence.

Felony with probation, fine, or jail of one year or less (and not a sex or motor vehicle offense): Eligible for a judicial set-aside. The conviction will be nullified but will remain visible on background checks with a set-aside notation.

Felony with prison sentence over one year: Not eligible for a set-aside. The only option is a pardon from the Board of Pardons after a 10-year clean-record waiting period, followed by a judicial motion to seal. This process typically takes 12 to 15 years from the date of final sentence discharge.

Felony sex offense: Not eligible for a set-aside. A pardon is theoretically possible but extremely rare for registered sex offenses.

In no case is a felony conviction destroyed or completely erased from all databases. The closest result is a pardon followed by sealing, which removes the record from public background checks but retains it in criminal justice agency systems.

Voting Rights Are Separate from Record Relief

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, sealing order, or pardon to register to vote. The two-year waiting period that previously applied has been eliminated.

What If You Have Multiple Convictions?

You can petition for a set-aside on multiple convictions, but each case requires a separate petition filed in the court where that conviction was entered. If you were convicted in three different counties, that means three separate filings with three separate filing fees.

Evaluate each conviction independently against the eligibility criteria. It is common for someone to qualify for a set-aside on some convictions while needing a pardon for others. A person with a shoplifting conviction (eligible for set-aside) and a DUI (excluded from set-aside, requires pardon) would need to pursue two different pathways simultaneously.

Common Eligibility Mistakes

Assuming a set-aside seals the record. People file for a set-aside expecting their conviction to disappear from background checks. It does not. A set-aside nullifies the conviction and adds a court notation, but the record stays fully public. If you need the record hidden from employers and landlords, you need a pardon followed by a sealing motion — a much longer process.

Filing before paying off all obligations. Even a small outstanding balance — a $15 probation supervision fee, a $50 restitution installment — will result in denial. Confirm a zero balance with the clerk of the sentencing court and get documentation before filing.

Confusing federal and state eligibility. Nebraska courts cannot set aside federal convictions or convictions from other states. If your record includes offenses from multiple jurisdictions, each must be handled in the state (or federal court) where it was entered. A Nebraska set-aside does not affect a conviction from Iowa, and an Iowa expungement does not affect a Nebraska record.

Overlooking the motor vehicle exclusion. The motor vehicle exclusion under § 29-2264 covers more than DUI. It includes reckless driving, driving under suspension, motor vehicle homicide, and any offense classified under Nebraska's motor vehicle statutes. People frequently assume their traffic-related conviction is eligible for a set-aside because it was a misdemeanor — the offense type matters more than the severity.

The Nebraska Expungement & Record Sealing Guide includes a detailed eligibility screener and walks through each pathway based on your specific situation — so you file the right petition in the right court the first time.

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