Nebraska Fee Waiver for Court Filing — In Forma Pauperis Guide

What In Forma Pauperis Means

In Forma Pauperis (IFP) is a legal term meaning "in the manner of a pauper." In practical terms, it is a fee waiver — a court process that allows someone who cannot afford filing fees to proceed with their case without paying them.

In Nebraska, filing fees for record relief petitions run $87.00 in county court and $144.00 in district court. For someone whose criminal record is actively blocking employment or housing, that filing fee can be a genuine barrier. The IFP process exists to prevent cost from being the reason someone cannot pursue record relief they are legally eligible for.

How to Apply

You need two forms, both available from the Nebraska Judicial Branch self-help page:

Form DC 6:7.1 — Affidavit and Application to Proceed Without Payment of Fees

This is the core application. You fill out a financial affidavit disclosing:

• Your current monthly income from all sources (employment, benefits, disability, child support received)
• Your monthly expenses (rent, utilities, food, transportation, medical costs, child support payments)
• Your assets (bank accounts, vehicles, real property)
• Your dependents (people you financially support)
• An explanation of why you cannot afford the filing fee

Be thorough and honest. The judge reviews this affidavit personally and decides based on whether your financial situation genuinely prevents you from paying. Incomplete or vague responses give the judge less reason to approve the waiver.

Form DC 6:7.2 — Order to Proceed In Forma Pauperis

This is the proposed order for the judge to sign if the waiver is approved. You submit it alongside Form DC 6:7.1. The court needs this document ready so the judge can sign it without having to draft one.

When to Submit

Submit both IFP forms at the same time as your set-aside petition (CC 6:11) or your motion to seal (CC 6:12). Do not file the IFP request separately or in advance — the clerk processes everything together.

If the IFP is approved, your petition proceeds without the filing fee. If it is denied, the clerk will inform you and you will need to pay the fee before your case moves forward. A denial does not prevent you from paying the fee and proceeding normally.

What the Waiver Covers and What It Does Not

Covered: The court-imposed filing fee ($87.00 county court / $144.00 district court) and any court-assessed surcharges.

Not covered:

• Sheriff service fees — if you are responsible for having the prosecutor served in district court, the sheriff charges a fee for delivering the documents
• Certified mail costs — if you serve the prosecutor by certified mail, the postage is your responsibility
• Certified copies of court orders — after your petition is granted, getting certified copies of the signed order costs a per-page fee
• Nebraska State Patrol RAP sheet — the $30.00 background check fee is charged by the State Patrol, not the court, and is not covered by a court fee waiver

The uncovered costs are typically under $20.00 combined, but they are real expenses that the IFP process does not eliminate.

What the Judge Considers

There is no fixed income threshold that automatically qualifies or disqualifies you. Under Neb. Rev. Stat. §§ 25-2301 through 25-2310, the judge assesses your financial inability to pay on a case-by-case basis. Factors that support approval:

• Income below the federal poverty level or close to it
• Receiving government benefits (Medicaid, SNAP, SSI, TANF)
• Expenses that exceed or nearly equal income
• No significant liquid assets
• Dependent children or other financial obligations

The standard is "financial inability to pay" — not destitution. You do not need to be completely broke, but you do need to demonstrate that the filing fee represents a genuine hardship given your current financial situation.

Common Mistakes

Leaving sections blank. Every field on the affidavit should be filled in. If a category does not apply (e.g., you have no assets), write "$0" or "N/A" — do not leave it empty. Blank fields look incomplete rather than accurate.

Not including all income sources. List every source of income, including irregular or informal income. If you do occasional cash work, estimate the monthly average. Judges are more likely to approve a complete, honest picture than one that looks like it is hiding information.

Forgetting to include the proposed order. Form DC 6:7.2 must accompany Form DC 6:7.1. Without it, the clerk may return your filing as incomplete.

Legal Aid as an Alternative

If you qualify for free legal representation, Legal Aid of Nebraska's Clean Slate Project may be able to handle your entire set-aside or sealing case — including filing fees — at no cost. Legal Aid serves low-income Nebraskans and regularly runs set-aside and record sealing clinics across the state.

The eligibility criteria for Legal Aid are stricter than for a court fee waiver (typically at or below 125% of the federal poverty level), and they have limited capacity. But if you qualify, it eliminates not just the filing fee but also the burden of preparing and presenting the case yourself.

The Nebraska Expungement & Record Sealing Guide includes detailed instructions for completing the IFP affidavit and covers free and low-cost resources available across the state.

See more Nebraska guides →