Nebraska Expungement
Eligibility Checker

In Nebraska, a set-aside requires a 3-year waiting period after completing your sentence, a $145 court filing fee, and — in most cases — no new criminal charges during that period. Qualifying felonies become eligible after 10 years.

The governing statute is Neb. Rev.

Stat. § 29-3523.

Nebraska uses 'set aside' rather than expungement — the conviction is set aside but remains on record. For true record sealing, Nebraska only allows sealing of arrests not leading to conviction.

A certificate of actual innocence provides more complete relief.

Expunging a criminal record in Nebraska can open doors to employment, housing, professional licensing, and education — all of which background checks routinely flag. A single misdemeanor conviction can disqualify applicants from jobs, apartments, and professional licenses even decades after the offense.

Nebraska requires a court petition to obtain expungement — it is not automatic. You must file the appropriate forms, pay the filing fee, and attend a hearing if required.

Nebraska's set-aside process (Neb. Rev.

Stat. § 29-3523) does not destroy the record — it remains visible to most background check services, which is a critical limitation compared to true expungement states.

Nebraska's ban-the-box law (Executive Order 2014) covers state employment. Nebraska's professional licensing reform (LB 299, 2019) requires licensing agencies to apply a direct nexus test before denying licenses on criminal history grounds.

Douglas County (Omaha) District Court processes the highest set-aside volume; Lincoln's Lancaster County District Court is second. Nebraska Legal Aid provides free set-aside assistance to qualifying applicants.

• To be eligible for a set-aside in Nebraska, you generally must: (1) have completed all terms of your sentence including probation and fines
• (2) wait 3 years after completing your sentence for misdemeanors and 10 years for qualifying felonies
• and (3) have no new criminal charges or convictions during the waiting period.

• Nebraska categorically excludes certain offenses from expungement eligibility. These typically include: sexual offenses and crimes requiring sex offender registration
• violent felonies
• crimes against children
• DUI/DWI convictions in most cases
• and offenses with mandatory minimum prison sentences.

Drug possession offenses are generally eligible for expungement in Nebraska after the waiting period, provided the offense was non-violent and the applicant has no disqualifying subsequent convictions.

The Nebraska expungement process typically involves: (1) obtaining your official court records and criminal history; (2) determining eligibility based on offense type, waiting period, and sentence completion; (3) completing the petition form and gathering supporting documents; (4) filing with the appropriate Nebraska court and paying the $145 filing fee; (5) serving notice on the prosecutor and law enforcement agencies; and (6) attending any scheduled hearing.

After filing, the prosecutor's office receives notice and has the opportunity to object. If no objection is filed and the judge finds you meet the criteria, the expungement order will be issued.

You will then need to follow up to ensure all agencies (police, state criminal records bureau, federal databases) have removed or sealed the record.

Processing times in Nebraska typically range from 2 to 6 months from filing to final order, depending on the court's docket and whether any objections are filed. Some jurisdictions in Nebraska move faster; busy urban courts may take longer.

Nebraska's set-aside process does not destroy or seal the record — it marks the conviction as set aside, indicating rehabilitation. The record remains visible to many background check services.

True expungement is limited to certain marijuana convictions under Nebraska law.

Even after expungement in Nebraska, certain entities may still access the sealed records: federal law enforcement agencies (FBI, ICE), military background checks, applications for positions of public trust (security clearances), and certain professional licensing boards. Understand these limitations when deciding whether to invest in the expungement process.

For immigration purposes, an expunged conviction may still count as a "conviction" under federal immigration law, which uses its own definition. If you are not a U.S.

citizen, consult an immigration attorney before pursuing expungement, as it does not necessarily protect immigration status.

The court filing fee in Nebraska is $145. Additional costs to budget for include: certified copies of court records ($10–$50), criminal background check ($15–$30), postage and service fees for notifying agencies ($25–$75), and attorney fees if you hire legal representation.

Attorney fees for expungement in Nebraska typically range from $500 to $2,500 depending on the complexity of the case, number of charges, and whether a hearing is required. Many attorneys offer a flat fee for straightforward expungements.

Some legal aid organizations in Nebraska provide free or reduced-fee expungement services for qualifying income-eligible applicants.

DIY expungement is possible in Nebraska for simple cases — especially if your record involves only one charge and there are no complicating factors. Many Nebraska courts provide self-help forms.

However, any errors in the petition or service can delay or derail the case, so professional guidance is recommended.

After expungement in Nebraska, you may legally answer "no" on most job applications, rental applications, and professional license applications when asked if you have been convicted of a crime. This is a significant practical benefit that can immediately improve employment prospects.

Studies consistently show that expungement recipients in states like Nebraska experience significant wage increases and improved employment stability. A 2020 University of Michigan study found expungement recipients experienced 22% wage growth in the two years following expungement.

Expungement in Nebraska can also restore certain civil rights, restore eligibility for some government assistance programs, and improve professional licensing prospects. Find a Nebraska expungement attorney to confirm your eligibility and handle the petition — many offer flat fees for straightforward cases.

Expungement is often the final step after resolving a criminal case. If you are still navigating the case itself, the Nebraska Criminal Defense Cost Estimator breaks down attorney fees, bail bond costs, and total case expenses by charge severity.

For cases involving a DUI, the Nebraska DUI Penalty Calculator shows the fines, license suspension, and other consequences by offense number. And if you are checking whether the statute of limitations has expired on related charges, the Nebraska Statute of Limitations Lookup covers criminal and civil filing deadlines.