Expunging a Criminal Record in Nebraska (2026)
Reviewed by DocDraft Legal Team · Nebraska · Last updated August 19, 2026
Nebraska does not offer general expungement of completed adult convictions. The main conviction relief is a 'set-aside' under Neb. Rev. Stat. 29-2264, which a court may grant after you finish your sentence or probation. A set-aside nullifies the conviction for many purposes, but it does not erase or hide the record: the file stays visible and is annotated as set aside, so it is not expungement. True sealing under Neb. Rev. Stat. 29-3523 is limited to arrests and non-conviction records, certain set-aside cases, and records tied to a pardon. Nebraska has no automatic 'clean slate' sealing law. Petitions are filed in the sentencing or district court, and the state repository is the Nebraska State Patrol.
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What record-clearing relief does Nebraska offer, and what is it called?
Nebraska does not use the word 'expungement' for convictions. The main relief is a 'set-aside' under Neb. Rev. Stat. 29-2264, which nullifies a conviction but leaves the record visible and annotated. Separately, Neb. Rev. Stat. 29-3523 allows sealing of arrest and non-conviction records. There is no general expungement of convictions.
Can you expunge or seal a felony conviction in Nebraska?
No. Nebraska has no statute that expunges or seals a completed adult felony or misdemeanor conviction. The only conviction relief is a set-aside under Neb. Rev. Stat. 29-2264, which annotates the conviction as set aside but does not erase or hide it. The record remains publicly visible after a set-aside.
What is eligible to be sealed in Nebraska, and is there a waiting period?
Under Neb. Rev. Stat. 29-3523, arrests that did not lead to conviction can be sealed, generally after the statute of limitations runs or one to three years pass with no charge or dismissal. Records tied to a pardon and certain set-aside cases can also be sealed. Completed convictions are not eligible.
Does Nebraska have an automatic 'clean slate' sealing law?
No. Nebraska has no automatic or 'clean slate' sealing statute, so no records seal by themselves. Every form of relief requires you to petition the correct court: a set-aside under Neb. Rev. Stat. 29-2264 or sealing under Neb. Rev. Stat. 29-3523. There is no automated statewide record-clearing system in Nebraska.
Am I eligible for a conviction set-aside in Nebraska?
You may petition for a set-aside under Neb. Rev. Stat. 29-2264 once you have completed your sentence, including probation, and paid any fines. It is discretionary, not automatic, and is unavailable for certain offenses such as some sexual offenses against children and specific felony motor-vehicle offenses. A set-aside does not erase the record.
Nebraska Uses Set-Aside, Not Expungement, and Seals Only Non-Convictions
Nebraska is one of the states that does not offer general expungement of adult convictions, and understanding that limit protects you from a wasted filing. The primary conviction relief is a 'set-aside' under Neb. Rev. Stat. 29-2264: after you complete your sentence or probation and satisfy the court's conditions, a judge may set aside the conviction. Critically, a set-aside is not expungement and does not erase or hide anything. The court file and the state rap sheet remain public and are simply annotated to show the conviction was set aside, so employers, licensing boards, and law enforcement can still see it. True sealing exists only under Neb. Rev. Stat. 29-3523 and is limited to arrests that did not result in conviction, non-conviction records, cases that were set aside, and records connected to a gubernatorial pardon. Non-conviction sealing generally becomes available after the statute of limitations expires or after a defined period with no charge or a dismissal. Nebraska has no automatic 'clean slate' law, so nothing seals without a petition. Set-aside and pardon-related sealing motions are filed in the sentencing court, arrest-record petitions go to the district court in the county of arrest, and pardons run through the Nebraska Board of Pardons. The state criminal history repository that updates the record is the Nebraska State Patrol.
Relevant Laws
Set-Aside of a Conviction (Neb. Rev. Stat. 29-2264)
Allows a court to set aside a conviction after the person completes probation or the sentence and meets the statute's conditions. A set-aside nullifies the conviction for certain purposes but does not erase or seal the record, which remains visible and annotated. It is discretionary and excludes some offenses.
Sealing of Arrest and Non-Conviction Records (Neb. Rev. Stat. 29-3523)
Governs sealing and removal from public access of criminal history record information for arrests that did not result in conviction, non-conviction cases, certain set-aside cases, and records tied to a pardon. This is the closest Nebraska mechanism to expungement, and it does not reach completed convictions.
No Automatic Clean Slate Relief in Nebraska (Petition Only)
Nebraska has not enacted an automatic 'clean slate' sealing law. No records seal by themselves, and every form of relief requires a petition or motion to the correct court, either a set-aside under 29-2264 or a sealing under 29-3523. Eligibility and waiting periods must be confirmed case by case.
No General Federal Expungement of State Records
There is no general federal statute to expunge state convictions, so Nebraska record relief is governed entirely by Nebraska law. For firearm-rights restoration and broader relief on a Nebraska conviction, a pardon from the Nebraska Board of Pardons is the primary avenue, which can also permit sealing under 29-3523.
Regional Variances
Nebraska Record-Clearing Eligibility Table
Set-aside of a conviction (Neb. Rev. Stat. 29-2264)
Relief type: set-aside, not expungement. A court may set aside a misdemeanor or felony conviction after you complete your sentence and probation and pay fines. It nullifies the conviction for some purposes but does not erase or seal it; the record stays public and is annotated as set aside. It is discretionary and does not restore firearm rights.
Sealing of arrests and non-convictions (Neb. Rev. Stat. 29-3523)
Relief type: sealing (removal from public access). Available for arrests that did not lead to conviction, dismissed or non-conviction cases, certain set-aside cases, and records connected to a pardon. Non-conviction sealing generally becomes available after the statute of limitations expires or one to three years pass with no charge or a dismissal.
Pardon and firearm-rights relief (Nebraska Board of Pardons)
A pardon from the Nebraska Board of Pardons is the main way to restore firearm rights lost to a felony and can also allow sealing of the related record under Neb. Rev. Stat. 29-3523. A pardon is discretionary and requires a separate application and waiting period set by the Board, not by the courts.
Excluded from relief
Completed adult convictions cannot be expunged or sealed in Nebraska; a set-aside is the only conviction relief and does not erase the record. Certain offenses, such as some sexual offenses against a child and specified felony motor-vehicle offenses, are excluded from set-aside under Neb. Rev. Stat. 29-2264.
Automatic clean-slate status
None. Nebraska has no automatic or 'clean slate' sealing law, so no record clears without a petition. Every remedy, whether a set-aside under 29-2264, a sealing under 29-3523, or a pardon, requires you to file with the correct court or the Board of Pardons and to notify the prosecutor where required.
Suggested Compliance Checklist
Confirm whether your case is a conviction or a non-conviction
Before you file anything days after startingDetermine which Nebraska relief you can even seek. A completed conviction qualifies only for a discretionary set-aside under Neb. Rev. Stat. 29-2264, which does not erase the record. Arrests and dismissals may be sealable under Neb. Rev. Stat. 29-3523. Confirm your offense is not excluded before spending a filing fee.
Obtain your Nebraska State Patrol criminal history record
Before drafting the petition days after startingRequest your state rap sheet from the Nebraska State Patrol, the state repository, and review it for every arrest, disposition, and conviction. Verify which entries are non-convictions eligible for sealing under 29-3523 and which are convictions limited to a set-aside. Correct any errors before you petition the court.
Prepare the correct set-aside motion or sealing petition
Before filing days after startingDraft a set-aside motion under Neb. Rev. Stat. 29-2264 for the sentencing court, or a sealing petition under Neb. Rev. Stat. 29-3523 for the district court in the county of arrest. Nebraska has no single statewide expungement form, so an attorney can help draft a pleading that fits your court and cites the correct statute.
File in the correct court and pay or waive the fee
When your petition is ready days after startingFile the set-aside motion in the sentencing court and the arrest-sealing petition in the district court of the county of arrest. Pay the court filing fee, or request a fee waiver by filing a poverty affidavit to proceed in forma pauperis. Serve or notify the county attorney, who may object to the relief.
Confirm the order and the state repository update
After the court rules days after startingObtain a certified copy of the signed order and make sure it reaches the Nebraska State Patrol so the repository reflects the sealing or the set-aside annotation. Remember a set-aside leaves the conviction visible; only a 29-3523 sealing removes non-conviction records from public view. An attorney can help if the prosecutor objects.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether your case is a conviction or a non-conviction | Determine which Nebraska relief you can even seek. A completed conviction qualifies only for a discretionary set-aside under Neb. Rev. Stat. 29-2264, which does not erase the record. Arrests and dismissals may be sealable under Neb. Rev. Stat. 29-3523. Confirm your offense is not excluded before spending a filing fee. | - | Before you file anything |
| Obtain your Nebraska State Patrol criminal history record | Request your state rap sheet from the Nebraska State Patrol, the state repository, and review it for every arrest, disposition, and conviction. Verify which entries are non-convictions eligible for sealing under 29-3523 and which are convictions limited to a set-aside. Correct any errors before you petition the court. | - | Before drafting the petition |
| Prepare the correct set-aside motion or sealing petition | Draft a set-aside motion under Neb. Rev. Stat. 29-2264 for the sentencing court, or a sealing petition under Neb. Rev. Stat. 29-3523 for the district court in the county of arrest. Nebraska has no single statewide expungement form, so an attorney can help draft a pleading that fits your court and cites the correct statute. | - | Before filing |
| File in the correct court and pay or waive the fee | File the set-aside motion in the sentencing court and the arrest-sealing petition in the district court of the county of arrest. Pay the court filing fee, or request a fee waiver by filing a poverty affidavit to proceed in forma pauperis. Serve or notify the county attorney, who may object to the relief. | - | When your petition is ready |
| Confirm the order and the state repository update | Obtain a certified copy of the signed order and make sure it reaches the Nebraska State Patrol so the repository reflects the sealing or the set-aside annotation. Remember a set-aside leaves the conviction visible; only a 29-3523 sealing removes non-conviction records from public view. An attorney can help if the prosecutor objects. | - | After the court rules |
Frequently Asked Questions
You pay the court's civil or motion filing fee, which varies by county and court, plus any cost to obtain your Nebraska State Patrol criminal history record. If you cannot afford the fee, you can ask the court to waive it by filing a poverty affidavit to proceed in forma pauperis. Attorney fees, if you hire counsel, are separate.
Timing depends on the county, whether the prosecutor objects, and whether the judge holds a hearing. Many uncontested set-aside motions resolve in a few weeks to a few months after filing. A contested matter or one requiring a hearing takes longer. After the order, allow additional time for the Nebraska State Patrol to update the state repository.
Yes. A set-aside under Neb. Rev. Stat. 29-2264 does not erase or seal the conviction; it annotates it as set aside. Law enforcement, courts, and many licensing boards can still see the conviction, and it can still be used in later proceedings. Only a sealing under Neb. Rev. Stat. 29-3523 removes non-conviction records from public view.
Be careful. A set-aside nullifies the conviction for some purposes, but the record stays visible and background checks can still show it, so an unqualified 'no' may be risky. Certain applications, professional licenses, and firearm questions require disclosure regardless. An attorney can advise how to answer accurately for your specific situation and the specific question asked.
Not automatically through a set-aside. A set-aside under Neb. Rev. Stat. 29-2264 does not by itself restore firearm rights lost from a felony conviction. The main path to restore those rights is a pardon from the Nebraska Board of Pardons, which can also allow sealing of the related record under Neb. Rev. Stat. 29-3523. Federal firearm restrictions may still apply.
Other Nebraska guides
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