Nebraska Misdemeanor Expungement — Set-Aside Eligibility and Process

Misdemeanors Cannot Be Expunged in Nebraska

Nebraska does not have a mechanism to expunge (completely erase) adult misdemeanor convictions. The word "expungement" gets searched constantly, but the legal remedy available for Nebraska misdemeanors is a judicial set-aside under Neb. Rev. Stat. § 29-2264 — a different outcome with a different effect on your record.

A set-aside nullifies the conviction and creates an official court record of rehabilitation. But the conviction itself stays visible on background checks, with a notation that it was set aside. This is not the same as the record disappearing.

Understanding this distinction matters because it shapes what you can realistically expect from the process — and prevents the frustration of going through court proceedings only to discover the result is not what you assumed.

Which Misdemeanors Qualify for a Set-Aside

Most Nebraska misdemeanor convictions are eligible for a set-aside, with two important exclusions:

Eligible:

• Misdemeanor theft, trespassing, disorderly conduct, minor assault, drug possession, and similar offenses where the sentence was a fine, probation, community service, or jail of one year or less
• Class I through Class V misdemeanors where all sentencing terms have been fully completed
• Infractions and city ordinance violations

Not eligible:

• Motor vehicle misdemeanors, including first-offense DUI/OWI, reckless driving, and driving under suspension — § 29-2264 excludes all motor vehicle offenses regardless of severity
• Domestic violence misdemeanors qualify for a set-aside, but the set-aside does not restore firearm rights under either state or federal law — this is a critical distinction

Additional requirements for all misdemeanors:

• All fines, court costs, restitution, and probation fees must be paid in full
• You must have no pending criminal charges anywhere
• Your sentence must be fully completed (no outstanding probation or community service)

The Filing Process for Misdemeanors

Most misdemeanor convictions were entered in county court, which means lower filing fees and a simpler scheduling process compared to district court.

Cost: $87.00 county court filing fee (waivable through an In Forma Pauperis application using Form DC 6:7.1)

Forms needed:

• Petition to Set Aside Criminal Conviction (Form CC 6:11)
• Proposed Order Setting Aside a Criminal Conviction (Form CC 6:11.2)

Hearing: Mandatory. The clerk's office in county court typically schedules the hearing automatically and mails notice to you and the prosecutor. Expect the hearing to be set 30 to 45 days after filing.

At the hearing, testify under oath about your rehabilitation — employment stability, community ties, and how the record has created barriers. The judge makes a discretionary decision based on whether you have demonstrated satisfactory rehabilitation.

What the Set-Aside Actually Changes

On background checks: Your conviction will still appear, but with a notation showing it was set aside and nullified. Employers running a standard background check through Checkr, LexisNexis, or a similar service will see both the original conviction and the set-aside notation.

For employment: Many employers view a set-aside favorably — it is an official judicial determination that you have been rehabilitated. While they can still see the underlying offense, the court order gives you something concrete to present during a hiring process.

For professional licensing: A set-aside removes the civil disability associated with the conviction, which can resolve barriers with state licensing boards. However, certain boards (DHHS for healthcare, the Nebraska Supreme Court for attorneys, the Department of Education for educators) maintain independent authority to demand disclosure of set-aside convictions.

Firearm rights: If your misdemeanor involved domestic violence, a set-aside does not restore the right to possess firearms. You remain a prohibited person under both Nebraska law and federal law (18 U.S.C. § 922(g)(9)). The only way to restore firearm rights in this situation is a full pardon from the Nebraska Board of Pardons with express gubernatorial authorization.

When a Set-Aside Is Not Enough

If you need the conviction completely removed from public view — meaning employers, landlords, and screening companies cannot see it at all — a set-aside alone will not accomplish that. Complete record sealing for a misdemeanor conviction requires first obtaining a pardon from the Board of Pardons (three-year clean-record waiting period for misdemeanors), then filing a separate Motion to Seal under § 29-3523.

For DUI and other motor vehicle misdemeanors that are excluded from set-aside eligibility, the pardon route is the only option from the start.

Dismissed Misdemeanors Are Different

If your misdemeanor case was dismissed, resulted in an acquittal, or charges were dropped, you are dealing with a non-conviction record — not a conviction. Non-conviction records follow a completely different pathway:

• Dismissed after December 31, 2016: Automatically sealed by operation of law. No filing required.
• Dismissed before January 1, 2017: File a Motion to Seal (Form CC 6:12) in the court where the charges were processed. The court may grant it without a hearing if the prosecutor does not object within 30 days.

A dismissed misdemeanor that has been sealed allows you to legally respond to questions about the arrest or charge as if it never happened. This is a stronger result than a set-aside of a conviction, where the record remains visible.

Costs and Timeline for Misdemeanor Set-Asides

The typical out-of-pocket cost for a misdemeanor set-aside filed pro se in county court:

• Nebraska State Patrol RAP sheet: $30
• JUSTICE database search: $17
• County court filing fee: $87
• Total: approximately $134

If you qualify for an In Forma Pauperis fee waiver (Form DC 6:7.1), the filing fee is eliminated, bringing the total down to $47 for the records alone.

From filing to hearing, expect 30 to 45 days in county court. The entire process — from pulling records to receiving the signed order — typically takes two to four months for an uncontested misdemeanor set-aside.

The Nebraska Expungement & Record Sealing Guide covers both the set-aside process and the pardon-to-sealing pathway, with form-by-form instructions and hearing preparation for each.

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