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 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”
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