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Set-aside, record sealing, or pardon in Nebraska

Can I clear my record in Nebraska?

Nebraska does not erase most convictions.

Limited automatic clearing

How did your case end?

Pick the one that matches. We'll show the routes Nebraska law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

A judge can set aside a conviction if the sentence was probation, a fine, community service or a year or less of imprisonment; the set-aside nullifies the conviction, but it stays on your record with the order next to it. Arrests that did not lead to charges, and cases dismissed or ending in acquittal since January 1, 2017, are removed from the public record automatically; older dismissals, pardoned convictions and set-aside convictions of sex trafficking survivors can be sealed on motion. For a sentence of more than a year of imprisonment, a pardon from the Board of Pardons is the only route.1,2,3,4

Checked October 22, 2026 against 22 sources, starting with Nebraska law, then by a second reader.

What it's called
Set-aside, record sealing, or pardon1,2,3
Automatic clearing
Limited, since January 1, 20176,7,12
DUI or DWI
Sometimes1,2,9
Filing fee
Varies1,2,3
Fee waiver
Not confirmed

Set-aside

Set-aside of a conviction

The order nullifies the conviction and removes all civil disabilities and disqualifications that resulted from it (Neb. Rev. Stat. § 29-2264(5)). It does not seal or erase the record: the conviction stays on your record with the set-aside order and a notation added, and an employer running a background check will see both. The Nebraska Judicial Branch says you must still report the conviction to employers or landlords when asked, but you can explain that it was nullified. A set-aside conviction can still be used to increase the sentence for a later offense, in some licensing and certification decisions (child care, teachers, law enforcement), for sex offender registration, for driver's license points and for commercial driver's licenses (§ 29-2264(6)). It does not restore gun rights; only a pardon can.1,2,3

What it's for: Infraction, misdemeanor and felony convictions where the sentence was probation, a fine, community service or imprisonment of one year or less.

Who can use it

  • You were sentenced to probation, a fine only or community service, and you completed probation (or were discharged early), paid the fine and finished any community service (§ 29-2264(2)).
  • You received another sentence that did not include imprisonment of more than one year, and you completed the sentence (§ 29-2264(3)(a)).
  • Any offense counts, including felonies, misdemeanors, infractions, traffic infractions and city or county ordinance violations (§ 29-2264(7)).
  • The judge decides. The court considers your behavior since sentencing, how likely you are to stay law-abiding, and anything else it finds relevant, and grants the set-aside if it is in your interest and consistent with the public welfare (§ 29-2264(4)-(5)).
  • The 2018 and 2020 changes to this section apply no matter when you were convicted (§ 29-2264(9)).

What doesn't qualify

  • Convictions with a sentence of more than one year of imprisonment. The Judicial Branch says a pardon is the only option for these.
  • For the route in § 29-2264(3) (sentences other than probation, a fine or community service), the court must deny the petition if you have a criminal charge pending anywhere, while you are required to register as a sex offender, for any misdemeanor or felony motor vehicle offense (including motor vehicle homicide under § 28-306 and Rules of the Road offenses such as DUI), or within 2 years after an earlier petition under that subsection was denied (§ 29-2264(3)(b)).
  • A set-aside does not end a duty to register as a sex offender (§ 29-2264(6)(j)).

How long you have to wait

RecordWaiting period
Conviction with probation, a fine only or community serviceAfter you complete probation (or are discharged early), pay the fine and finish community service§ 29-2264(2)
Conviction with jail or prison of one year or lessAfter you complete the sentenceNot available for motor vehicle offenses, with a pending charge, while required to register as a sex offender, or within 2 years after a denial (§ 29-2264(3)).

How to apply

  1. Use the Clean Slate Eligibility Questionnaire on the Nebraska Judicial Branch self-help site to check which relief may fit.
  2. Gather the case number, county, offense date, sentence and proof that you completed the sentence and paid fines and court costs.
  3. Fill out the Petition to Set Aside Criminal Conviction (CC 6:11) and a proposed Order Setting Aside a Criminal Conviction (CC 6:11.2). File a separate petition for each conviction.
  4. File the petition in the court where your case was heard, in person, by mail or by fax. Check the clerk's office for local rules.
  5. In county court the clerk usually schedules the hearing. In district court, get a hearing date from the bailiff or clerk, then file a Notice of Hearing (DC 1:15) and give a copy to the prosecutor.
  6. Go to the hearing and testify about why the conviction should be set aside. The prosecutor may object.
  7. Keep a copy of the signed order. The Judicial Branch says it takes a few days for the set-aside to show in court records and your criminal history.
Where to file
The sentencing court (§ 29-2264(2)-(3)), which is the county court or district court where the case was heard.
Cost
The Judicial Branch's schedule of filing fees and court costs (effective July 1, 2026) lists no separate fee for a set-aside petition or a motion to seal, and the statutes, forms and instructions we read do not mention one. Ask the clerk of the court where you file. The Judicial Branch says getting your criminal history from the State Patrol, a one-time online court search and court copies each cost a small amount.
Court hearing
Yes
How long it takes
The Judicial Branch says it takes a few days after the hearing for the set-aside to appear in court records and your criminal history.

Official forms

Sealing

Sealing of arrests, dismissals and acquittals

Criminal justice agencies must answer public inquiries as if there were no record, and the record may not be shared with anyone but criminal justice agencies, with narrow exceptions (for example, if you are being prosecuted for something else, are a candidate for or hold public office, or make a notarized request to release it) (Neb. Rev. Stat. § 29-3523(1)). On any application for employment, bonding, a license, education or another right or privilege, you cannot be asked about a sealed offense, and if you are asked, you may respond as if the offense never occurred (§ 29-3523(8)). Sealing does not remove the record from private websites or private background-check databases (Nebraska Judicial Branch).5,6,7

What it's for: Arrests and citations that did not lead to charges, completed pretrial diversion, and cases dismissed or ending in acquittal, including after a deferred judgment or problem-solving court.

Who can use it

  • No charges were filed because the prosecutor decided not to file: the record leaves the public record 1 year after the arrest, citation or referral (§ 29-3523(3)(a)).
  • No charges were filed because you completed diversion: the record leaves the public record 2 years after the arrest, citation or referral (§ 29-3523(3)(b)).
  • Charges were filed but the case was dismissed on the prosecutor's motion or after a hearing (not under appeal), you were acquitted, or the case was dismissed after a deferred judgment or after you completed a drug court or other problem-solving court approved by the Supreme Court: the record leaves the public record immediately and the court orders it sealed (§ 29-3523(3)(c), (7)).
  • If the case was dismissed or you were acquitted before January 1, 2017, you must file a motion, and the court shall grant it once it finds the case was dismissed for one of those reasons (§ 29-3523(6)).

What doesn't qualify

  • Convictions, unless they were pardoned or set aside for a sex trafficking survivor (see those routes).
  • A dismissal or acquittal ruling that is the subject of a pending appeal (§ 29-3523(3)(c)(ii)).

How long you have to wait

RecordWaiting period
Arrest or citation, prosecutor filed no charges1 year from the arrest, citation or referralAutomatic (§ 29-3523(3)(a)).
No charges filed because you completed diversion2 years from the arrest, citation or referralAutomatic (§ 29-3523(3)(b)).
Case dismissed or acquittal (including after deferred judgment or problem-solving court)None: immediately on acquittal or the dismissal orderAutomatic for cases dismissed on or after January 1, 2017. Earlier cases need a motion (§ 29-3523(3)(c), (6)).

Some records clear automatically. Records of arrests with no charges, completed diversion, and dismissals and acquittals since January 1, 2017 leave the public record automatically. The Judicial Branch says cases dismissed or acquitted after December 31, 2016 are sealed automatically. Older dismissals need a motion (§ 29-3523(6)).

How to apply

  1. For a case dismissed or acquitted on or after January 1, 2017, no filing should be needed. You can check your record with the Nebraska State Patrol or a court case search.
  2. For an older dismissal or acquittal, fill out the Motion to Seal an Adult Criminal Record (CC 6:12).
  3. File the motion in the court where the case was heard. The court notifies the county or city attorney.
  4. Go to the hearing and testify that the charge was dismissed or you were acquitted and the record is still public.
  5. Get a copy of the order before you leave, because once the record is sealed you need a separate request to get the order.
Where to file
The court in which the case was filed (§ 29-3523(6)).
Cost
Automatic sealing has no cost. The Judicial Branch's schedule of filing fees and court costs (effective July 1, 2026) lists no separate fee for a set-aside petition or a motion to seal, and the statutes, forms and instructions we read do not mention one. Ask the clerk of the court where you file.
Court hearing
Sometimes
How long it takes
The Judicial Branch says it may take a few days after the hearing for the record to be sealed in the court computer system.

Official forms

Pardon

Pardon, then sealing

A pardon from the Board of Pardons nullifies the conviction, and it is the only way to restore gun rights lost because of a conviction (the Board may grant a pardon with or without restoring them). A pardon does not erase the conviction by itself, but once you have a pardon, you may ask the sentencing court to seal the record, and the court shall grant the motion. Sealing has the effects described for sealed records: the record is not public, and you may answer most public inquiries as if the offense never occurred (Neb. Rev. Stat. § 29-3523(5), (7), (8)).6,8,9

What it's for: Any conviction, including those with more than a year of imprisonment, except that the Board does not consider traffic, DUI and driving-under-suspension convictions.

Who can use it

  • You have completed your sentence. For a felony, you need 10 years of a clean record after the sentence ends; for a misdemeanor, 3 years (Nebraska Board of Pardons).
  • During the wait you must not have had contact with law enforcement or new convictions, or the wait starts over (Nebraska Judicial Branch).
  • All fines, court costs and restitution are paid (Board of Pardons application checklist).
  • After a pardon, you may file a motion to seal with the sentencing court, which shall grant it once it finds you were pardoned (§ 29-3523(5)).

What doesn't qualify

  • The Board does not consider convictions for traffic violations, driving under the influence or driving under suspension (Nebraska Judicial Branch).
  • The Board does not consider claims of innocence or review the legal proceedings in your case.

How long you have to wait

RecordWaiting period
Felony conviction10 years of a clean record after completing the sentenceBoard of Pardons eligibility rule.
Misdemeanor conviction3 years of a clean record after completing the sentenceBoard of Pardons eligibility rule.
Sealing after a pardonAny time after the pardon§ 29-3523(5)

How to apply

  1. Download the pardon application, directions and Authorization and Release form from the Board of Pardons website.
  2. Attach at least three reference letters and your court documents: the sentencing order, any probation and release-from-probation orders, and a receipt or letter showing all fines, court costs and restitution are paid.
  3. Sign the application and have the Authorization and Release form notarized, then submit by email or mail. Missing documents must be supplied within 30 days or the application is closed.
  4. Wait for a notice of hearing. The Judicial Branch says it may take several years, the Board holds hearings 3 to 4 times a year, and it may deny an application without a hearing.
  5. Attend the hearing and testify about your rehabilitation and remorse.
  6. If you are pardoned, file a Motion to Seal an Adult Criminal Record (CC 6:12) with the sentencing court.
Where to file
The Nebraska Board of Pardons for the pardon; the sentencing court for sealing (§ 29-3523(5)). Violations of Omaha or Lincoln city code can instead get a mayoral pardon from that city.
Cost
The Board of Pardons application page lists no application fee. Notarizing the release form and getting court documents may cost a small amount. The Judicial Branch's fee schedule (effective July 1, 2026) lists no separate fee for a motion to seal.
Court hearing
Sometimes
How long it takes
The Judicial Branch says it may take several years to be called for a hearing. If the pardon is granted, a certificate arrives by mail in a few weeks.

Official forms

Set-aside

Set-aside and sealing for sex trafficking survivors

The court sets aside the conviction or juvenile adjudication, and the order has the same effect as a regular set-aside under § 29-2264(5) and (6): it nullifies the conviction and removes civil disabilities, with the same exceptions (Neb. Rev. Stat. § 29-3005(7)). After the set-aside, you may ask the sentencing court to seal the record, and the court shall grant the motion (§ 29-3523(4)).6,10,11

What it's for: Convictions and juvenile adjudications of sex trafficking survivors for prostitution-related offenses, or for other offenses that were a direct result of the trafficking.

Who can use it

  • You were a victim of sex trafficking and were convicted or adjudicated of a prostitution-related offense: prostitution, solicitation of prostitution, keeping a place of prostitution, public indecency, local loitering-for-prostitution ordinances, or attempting, conspiring or aiding one of these. The court shall grant the motion if it finds the offense was committed because you were a trafficking victim (§ 29-3005(1)-(3)).
  • Other offenses also qualify: the court shall grant the motion if it finds the offense was a direct result of, or proximately caused by, your being trafficked (§ 29-3005(2), (3)(b)).
  • You may file at any time after you complete the sentence or juvenile disposition (§ 29-3005(2)).
  • An official record, certification or eligibility letter from a federal, state, tribal or local proceeding creates a rebuttable presumption that you were a victim, but it is not required. The court may also consider sworn statements from an attorney, clergy member, medical professional, victim services staff member or other professional you sought help from, and other credible evidence (§ 29-3005(4)-(5)).
  • If you ask, any hearing on the motion is held in camera (in private), and the rules of evidence do not apply (§ 29-3005(6)).
  • Once the set-aside is granted, the sentencing court shall seal the record when you file a motion (§ 29-3523(4)).

What doesn't qualify

  • An offense the court does not find was committed because of, or as a direct result of, your being trafficked (§ 29-3005(3)).
  • A sentence or juvenile disposition that is not yet complete (§ 29-3005(2)).

How long you have to wait

RecordWaiting period
Conviction or adjudication linked to traffickingAny time after you complete the sentence or disposition§ 29-3005(2)

How to apply

  1. File a motion to set aside in the court of the county where you were convicted or adjudicated, with your evidence of trafficking (§ 29-3005(2)).
  2. If you want the hearing held privately, ask for it to be held in camera.
  3. After the set-aside is granted, file a Motion to Seal an Adult Criminal Record (CC 6:12) with the sentencing court.
Where to file
The court of the county where you were convicted or adjudicated (§ 29-3005(2)); the motion to seal goes to the sentencing court (§ 29-3523(4)).
Cost
We did not find a fee for these motions. The Judicial Branch's fee schedule (effective July 1, 2026) lists none.

Official forms

Expungement

Expungement of an arrest caused by police error

The court orders the criminal history record information about the arrest expunged (Neb. Rev. Stat. § 29-3523(9)). The Nebraska Judicial Branch says expungement removes the arrest from your record entirely, as if it did not happen, and that it is rare.3,6

What it's for: Arrests that happened because of an error by the arresting law enforcement agency.

Who can use it

  • You were arrested because of an error by a law enforcement agency, and you can show this by clear and convincing evidence (§ 29-3523(9)).

What doesn't qualify

  • Arrests that were not caused by law enforcement error. Those are handled by sealing instead.

How long you have to wait

RecordWaiting period
Arrest due to law enforcement errorNo waiting period is stated

How to apply

  1. File a petition in the district court of the county where you were arrested.
  2. Name the county attorney as the respondent and serve the county attorney with a copy.
  3. Show by clear and convincing evidence that the arrest was due to the arresting agency's error.
Where to file
The district court of the county where you were arrested (§ 29-3523(9)).
Cost
We did not find a fee for this petition. Ask the district court clerk.

Automatic clearing

Nebraska removes some non-conviction records from the public record automatically, but it has no Clean Slate law for convictions. Arrests with no charges filed leave the public record after 1 year, completed diversion with no charges after 2 years, and cases dismissed (including after a deferred judgment or problem-solving court) or ending in acquittal immediately, with the court ordering the records sealed (Neb. Rev. Stat. § 29-3523(3), (7)). The Nebraska Judicial Branch says cases dismissed or acquitted after December 31, 2016 are sealed automatically; older ones need a motion (§ 29-3523(6)). Convictions are never sealed automatically. Related 2025-2026 bills were indefinitely postponed: LB 215 (a second chance relief program for people in prison), LB 226 (set-aside and expungement for concealed weapon offenses) and LB 961 (the Collateral Sanction Relief Act).6,7,12

DUI and DWI records in Nebraska

A DUI conviction cannot be sealed or expunged, but it can sometimes be set aside. If you were sentenced to probation or a fine only and completed it, you may petition to set aside the DUI under § 29-2264(2). If you were sentenced to jail, the § 29-2264(3) route is closed to any misdemeanor or felony motor vehicle offense, including Rules of the Road offenses such as DUI (§ 29-2264(3)(b)(iii)). A set-aside DUI still counts as a prior conviction to increase the penalty for a later offense, still affects driver's license points, and does not change commercial driver's license eligibility or obligations (§ 29-2264(6)(e), (m), (n)). The Board of Pardons does not consider DUI convictions (Nebraska Judicial Branch). A DUI charge that is dismissed or ends in acquittal is sealed like other non-convictions (§ 29-3523(3)).1,2,9

Arrests and dismissed charges

Nebraska seals most non-conviction records without a filing. If the prosecutor files no charges, the record leaves the public record 1 year after the arrest or citation; if no charges are filed because you completed diversion, after 2 years; and if charges are dismissed (on the prosecutor's motion, after a hearing, after a deferred judgment or after a problem-solving court) or you are acquitted, immediately, with a court order sealing the records (Neb. Rev. Stat. § 29-3523(3), (7)). Cases dismissed before January 1, 2017 need a motion, which the court shall grant (§ 29-3523(6)); the Judicial Branch's form is CC 6:12. An arrest caused by law enforcement error can be expunged by petition to the district court (§ 29-3523(9)).6,7

Marijuana records

We found no Nebraska law that gives marijuana offenses their own sealing or expungement route, and the possession statute has none (Neb. Rev. Stat. § 28-416). A first offense of possessing one ounce or less is an infraction with a $300 fine; a second is a Class IV misdemeanor and a third a Class IIIA misdemeanor (§ 28-416). A marijuana conviction, including an infraction, can be set aside like any other offense if the sentence qualifies (§ 29-2264(2), (7)), and dismissed marijuana charges are sealed like other dismissals (§ 29-3523(3)).1,6,13

What employers can see afterward

For a sealed record, you cannot be asked about the offense on an application for employment, bonding, a license or education, and if asked you may respond as if it never occurred (Neb. Rev. Stat. § 29-3523(8)). A set-aside is different: the conviction stays visible on background checks with the set-aside order, and the Nebraska Judicial Branch says you must still report it when asked but may explain that it was nullified; set-aside convictions can also still be used in child care, teaching and law enforcement licensing decisions (§ 29-2264(6)). Nebraska's ban-the-box law covers only public employers: a state agency or political subdivision may not ask about criminal history, orally, in writing or on an application, until it has decided you meet the minimum qualifications, with exceptions for law enforcement agencies, jobs where federal or state law requires a criminal history check or disqualifies people with certain records, and school district or educational service unit questions about sexual or physical abuse (Neb. Rev. Stat. § 48-202, enacted by LB 907 in 2014). We found no Nebraska law limiting when private employers may ask about criminal records.1,3,6,14,15

Free help in Nebraska

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.18,19,20
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.21,22

This page explains Nebraska's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Nebraska?" https://secondchanceindex.com/record-clearing/nebraska, checked October 22, 2026.

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Sources

Each source was opened and checked on October 22, 2026.

  1. Neb. Rev. Stat. § 29-2264
  2. Set-Aside of a Criminal ConvictionNebraska Judicial Branch
  3. Criminal Record RehabilitationNebraska Judicial Branch
  4. Instructions: Petition to Set Aside Criminal Conviction (CC 6:11a, rev. 06/2024)Nebraska Judicial Branch
  5. Filing Fees and Court Costs (effective July 1, 2026)Nebraska Judicial Branch
  6. Neb. Rev. Stat. § 29-3523(1)-(3), (6)-(8)
  7. Adult Record SealingNebraska Judicial Branch
  8. Pardon ApplicationState of Nebraska Board of Pardons
  9. PardonsNebraska Judicial Branch
  10. Neb. Rev. Stat. §§ 29-3005 and 29-3523(4)
  11. Convictions to be set aside for sex trafficking victims (LB 1132, April 11, 2018)Unicameral Update, Nebraska Legislature
  12. Judiciary Committee 2025-2026 Biennium ReportNebraska Legislature
  13. Nebraska Revised Statute 28-416Nebraska Legislature
  14. Nebraska Revised Statute 48-202Nebraska Legislature
  15. LB 907 (2014), slip law approved by the Governor April 16, 2014: public employer criminal history inquiriesNebraska Legislature
  16. LB 215 (109th Legislature): second chance relief, indefinitely postponed April 17, 2026Nebraska Legislature
  17. LB 226 (109th Legislature): set-aside and expungement for concealed weapon offenses, indefinitely postponed April 17, 2026Nebraska Legislature
  18. List of consumer reporting companiesConsumer Financial Protection Bureau
  19. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  20. Employer Background Checks and Your RightsFederal Trade Commission
  21. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  22. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)