The Papillon Foundation

 

The greatest crime of all is a wasted life

Nebraska State Resources

 

An adult’s criminal conviction in Nebraska cannot be “erased.”  It can be “pardoned” or “set-aside,” but it WILL NOT be erased.  Once there is a conviction on your record, it always will be on your record.


A pardon is a formal forgiveness granted by the Board of Pardons.


A set-aside is an order by the judge who sentenced you in a criminal case which voids the conviction.   As part of the decision to set-aside a criminal conviction, a judge must believe that it is in your best interest to do so and that setting aside the conviction is “consistent with the public welfare.”


The decision is “discretionary,” which means it is totally up to the judge.   While the set-aside does not erase a criminal record, the order setting aside the conviction is added to the criminal record.  Since a criminal conviction affects your ability to get a job, a potential employer doing a criminal background check will see both the  conviction and the order which “sets aside” that conviction.


In the State of Nebraska, there are no laws or statutes that allow a complete expungement of ones criminal history. 


Any law enforcement contact, arrest, or conviction will remain on ones criminal history forever.


Juvenile records are automatically sealed unless:

  • The offense occurred prior to July 15, 2010
  • The court elected not to automatically seal the record
  • You are under the age of 17


Links:


     Get Your Nebraska Rap Sheet:


Nebraska State Patrol Criminal History Reports



     Free Pardon & Executive Clemency Forms & Instructions:


Pardon Application Instructions


Nebraska Pardons Board Policy and Procedure Guidelines


Pardon Application



     Free Self-Help Guides & Instructions:


Instructions for Filing Motion to Set Aside a Criminal Conviction


Instructions for Filing a Motion to Seal Juvenile Criminal Record


Nebraska Online Legal Self-Help Center: Filing a Petition to Set Aside a Criminal Conviction


Nebraska Legal Aid: Set Aside Instructions


eHow Article: How to Petition a Court to Expunge Misdemeanor Charges in Nebraska



     Free Statewide Forms & Instructions:


Form CC 6:11 Motion to Set Aside Criminal Conviction


Form CC 6:11(2) Order Setting Aside Criminal Conviction


Form JC 15:1(a) Instructions for Filling Out Motion to Seal Juvenile Record in Juvenile Court


Form JC 15:1 Motion to Seal Records in Juvenile Court


Form JC 15:3(a) Instructions for Filling Out Motion to Seal Record of a Juvenile in County Court


Form JC 15:3 Motion to Seal Records in County Court



Other Free Legal Resources:


Legal Aid of Nebraska