Nebraska Juvenile Record Sealing — How to Seal a Juvenile Record
Nebraska treats juvenile records very differently from adult records. While adult convictions require either a set-aside (which leaves the record visible) or a pardon followed by a sealing order, juvenile records are generally subject to automatic sealing — and when they're not sealed automatically, the petition process is more straightforward than what adults face.
If you're an adult whose juvenile record is still showing up on background checks, there's a good chance it should already be sealed. Here's how the system works and what to do if it hasn't happened yet.
Automatic Sealing of Juvenile Records
Under Neb. Rev. Stat. §§ 43-2,108.01 through 43-2,108.05, most juvenile records are automatically sealed when the case closes. The closure triggers the clerk to restrict public access to all records associated with the juvenile case — court documents, law enforcement records, and any related entries in state databases.
Automatic sealing applies to:
- Juvenile offenses adjudicated in juvenile court
- Juvenile diversion cases that were successfully completed
- Status offenses (truancy, curfew violations, minor in possession)
Once sealed, the records are not accessible through public background checks. The individual can legally deny the existence of the juvenile record when asked on employment, housing, or school applications.
When Automatic Sealing Doesn't Happen
There are situations where a juvenile record isn't automatically sealed:
Transfer to adult court. If the juvenile's case was transferred to adult court and resulted in an adult conviction, it's treated as an adult record. Automatic juvenile sealing does not apply, and the person must pursue adult relief (set-aside or pardon) instead.
Administrative failures. Like all automated processes, the system depends on court clerks processing the sealing correctly. In practice, some records — particularly older ones from before electronic processing was standard — fall through the cracks. The record may still appear on RAP sheets or court database searches even though it should have been sealed.
County attorney motion to seal. If a record isn't sealed automatically, the county attorney or city attorney is authorized to file a motion to seal the record under § 43-2,108.03 — sealing isn't limited to the automatic process.
Filing a Petition to Seal
If your juvenile record should have been sealed but wasn't, or if you're seeking to seal a record that wasn't automatically covered, you can petition the juvenile court:
Who can petition: The individual whose record it is, their parent or guardian, or the county attorney.
Where to file: File in the juvenile court or county court that handled the original case. If you're now an adult and have moved, you still need to file in the original jurisdiction — the court that entered the adjudication retains authority over sealing.
What to include: The petition should identify the case number, the nature of the adjudication, and the fact that the case has been closed. If the case involved a serious offense, you may need to provide evidence of rehabilitation since the adjudication.
Cost: Filing fees vary by county, but are typically lower than adult filing fees. Fee waiver applications (Form DC 6:7.1) are available if you can't afford the fee.
Hearing: The court may seal the record without a hearing if no objection is filed. If the prosecutor objects, a hearing is scheduled where you'll need to appear and explain why sealing is appropriate.
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What Sealed Means in Practice
A sealed juvenile record is restricted from all public databases. Law enforcement agencies retain access for criminal justice purposes, but employers, landlords, and schools cannot access the record through standard background checks.
Under Nebraska law, once a juvenile record is sealed, you can respond to any inquiry about it as if the offense never occurred. This includes job applications, rental applications, college admissions, and professional licensing applications.
However, certain agencies maintain independent access to juvenile records regardless of sealing status — including law enforcement agencies conducting criminal investigations and certain professional licensing boards (particularly those governing healthcare, education, and law enforcement careers).
Records from Other States
Nebraska courts can only seal Nebraska juvenile records. If you have juvenile records from another state, you'll need to pursue sealing in that state under its laws. And if a Nebraska juvenile case was transferred to federal court, the federal system governs the record — state sealing has no effect.
The Nebraska Expungement & Record Sealing Guide covers both adult and juvenile sealing pathways, including a records audit process to identify whether your juvenile record was properly sealed and what to do if it wasn't.
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