How to Seal a Criminal Record in Nebraska

What Record Sealing Does

Record sealing under Neb. Rev. Stat. § 29-3523 removes your criminal record from public databases. Once sealed, the record is invisible to employers, landlords, and commercial background check companies. Only criminal justice agencies (law enforcement, prosecutors, and courts) retain access.

The legal effect goes beyond visibility — you can legally respond to questions about sealed records as if the offense never occurred. On job applications, rental forms, and licensing questionnaires, you are entitled to say "no" when asked whether you have been arrested or charged.

This is fundamentally different from a set-aside, which leaves the conviction visible on background checks with a "set aside and nullified" notation. Sealing actually hides the record.

Who Can Get a Record Sealed

Nebraska record sealing is strictly limited. You cannot seal an active, unpardoned adult conviction. The eligible categories are:

Non-conviction records — the broadest category:

• Dismissals and acquittals
• Cases where charges were dropped or never filed after an arrest
• Completed pretrial diversion programs
• Uncharged arrests

Human trafficking victims — charges arising from the trafficking situation can be sealed under Neb. Rev. Stat. § 29-3005.

Pardoned convictions — if you have received a full pardon from the Nebraska Board of Pardons, the pardoned conviction becomes eligible for sealing through a judicial motion.

If you have an active conviction that has not been pardoned, sealing is unavailable regardless of the offense type, how old it is, or how minor it was.

Automatic Sealing (Post-2016 Dismissals)

If your case was dismissed or resulted in an acquittal after December 31, 2016, the record is automatically sealed by the court — no petition, no hearing, no filing fee. The court clerk processes this electronically as part of the case closure.

This applies to all non-conviction dispositions entered after that date, including:

• Charges dismissed by the prosecutor
• Cases where the judge acquitted the defendant
• Completed pretrial diversion agreements resulting in dismissal
• Arrests where charges were never filed

You do not need to verify or request automatic sealing. If your post-2016 dismissed case is somehow still appearing on public searches, contact the clerk of the court where the case was processed.

Petition-Based Sealing (Pre-2017 Dismissals)

Dismissals and acquittals that occurred before January 1, 2017, were not automatically sealed. To get these records sealed, you must file a Motion to Seal an Adult Criminal Record using Form CC 6:12.

Where to file: In the court where the original charges were processed.

Cost: Standard filing fees apply — $87 in county court, $144 in district court. Fee waivers are available through Form DC 6:7.1 (In Forma Pauperis).

Hearing: The court may grant the motion without a hearing if the prosecutor does not file an objection within 30 days of being notified. If the prosecutor objects, a hearing will be scheduled where you must testify under oath that the case meets the statutory requirements for sealing.

Processing time: Expect 45 to 60 days from filing to a decision.

Sealing After a Pardon

For people with convictions that cannot be set aside — felonies with prison sentences over one year, sex offenses, motor vehicle offenses — the only path to a sealed record is:

1. Obtain a full pardon from the Nebraska Board of Pardons (three-year wait for misdemeanors, ten-year wait for felonies)
2. After the pardon is granted, file a Motion to Seal (Form CC 6:12) in the sentencing court

A pardon alone does not seal the record. It adds a "Pardoned" notation to the background check, but the conviction remains publicly visible until the separate sealing motion is granted by the court.

This is a long process — the Board of Pardons backlog alone typically runs two to five years. But for people whose convictions are too serious for a set-aside, it is the only route to a completely clean background check.

What Stays Visible After Sealing

Sealed records are removed from public databases, but they are not destroyed. Criminal justice agencies — including law enforcement, prosecutors, and judges — retain full access. If you are charged with a new crime, the sealed record can be considered by the court.

Additionally, certain professional licensing boards maintain independent statutory authority to demand disclosure of sealed records. Nebraska's DHHS (healthcare workers), the Supreme Court (attorneys), the Department of Education (teachers), and law enforcement agencies can still access and consider sealed records during licensing reviews.

After the Record Is Sealed

Once the court issues the sealing order, the clerk sends notice to the Nebraska State Patrol and the relevant law enforcement agencies. They must restrict public access within their databases.

Wait four to six weeks, then run a name-based State Patrol RAP sheet check ($30.00) to confirm the sealed record has been removed from public view. If private background check companies still display the record, send them a certified copy of the sealing order and dispute the listing under the Fair Credit Reporting Act (FCRA).

The Nebraska Expungement & Record Sealing Guide covers the sealing process alongside set-asides and pardons, with form-by-form instructions for both automatic and petition-based sealing, and guidance on what to do if your sealed record still appears on commercial background checks.

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