How long Does a Misdemeanor remain on your record in Nebraska?

In today’s day and also age a criminal record is available by just around anyone and the visibility of a record have the right to have extremely an unfavorable consequences.

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Decisions relating to employment, housing, visitation through minor children, and also even financial help for college might all hinge on your criminal record, or lack thereof.

If you have been judge of a misdemeanor criminal offense, therefore, you might want to recognize “How carry out I gain a misdemeanor in Nebraska expunged?”

Unfortunately, if the state friend live in is Nebraska the price is that you cannot gain a conviction expunged; however, girlfriend may be able to get the document of one arrest expunged if that did not lead to a conviction.


Expungement in Nebraska Overview

“Expunging” a criminal record essentially method that the document will no much longer be available to the public. Even an expunged document in Nebraska, remains available to legislation enforcement, the courts, and details government organ in most cases. Plenty of states allow an separation, personal, instance to expunge records of conviction for misdemeanors and even for certain lessor felonies. The State of Nebraska, however, does not enable any convictions to be expunged.

Section 29-3523 of the Nebraska Revised law addresses the problem of Nebraska expungement. Through regard come removing, or expunging, the record of an arrest, section 29-3523(2) sets forth the moment frames that a document of an arrest will remain on your criminal history, stating as follows:

In the case of one arrest because that which no charges are filed together a result of the determination of the prosecuting attorney, the arrest shall not be component of the public document after one year from the day of arrest;In the instance of one arrest for which charges room not filed as a an outcome of a completed diversion, the arrest shall not be part of the public record after two years native the day of arrest; andIn the case of one arrest because that which charges are filed, yet dismissed by the court on movement of the prosecuting attorney or as a an outcome of a hearing not the topic of a pending appeal, the arrest shall not be part of the public document after 3 years indigenous the date of arrest.

Subsection (3) of the section also addresses expungement of one arrest due to an error of regulation enforcement, reading, in pertinent part:


Nebraska Expungement Continued

“Any human being arrested as result of the error that a regulation enforcement firm may record a petition with the district court for an order to expunge the criminal background record details related to such error. The petition shall be filed in the ar court the the ar in i m sorry the petitioner to be arrested.

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The county lawyer shall be named as the respondent and also shall be served with a copy that the petition. The court may give the petition and also issue an order come expunge such details if the petitioner mirrors by clear and also convincing proof that the arrest was as result of error by the arresting law enforcement agency.”

Have a Question around Nebraska Expungement?

If you wish to have actually an arrest document expunged, or wish to find out just how to expunge a record of conviction from another state, contact Petersen Criminal Defense legislation 24 hours a day in ~ 402-509-8070 to talk about your situation with an skilled Nebraska criminal defense attorney.