Clearing A Record
Neb. Rev. Stat. § 29-2264 — setting aside a conviction after probation or a fine, and arrests that leave the public record
A person placed on probation, fined only, or sentenced to community service may petition the sentencing court to set aside the conviction after completing probation and paying the fine.
A person sentenced otherwise, but not to imprisonment of more than one year, may petition once the sentence is complete.
What the court weighs. The court considers the person's behavior since sentencing, the likelihood of no further criminal activity, and anything else relevant. An order setting aside nullifies the conviction and removes the civil disabilities it imposed.
| After an arrest or citation | Off the public record |
|---|---|
| After an arrest or citationThe prosecutor files no charges | Off the public recordAfter one year |
| After an arrest or citationCharges are not filed because diversion was completed | Off the public recordAfter two years |
| After an arrest or citationCharges are dismissed, or the person is acquitted | Off the public recordUpon notice of the dismissal or acquittal |
Once a record is sealed, a person cannot be questioned about the offense on an application for a job, license or education, and may answer as if the offense never occurred.
A set aside order says to consult an attorney on its effect on firearms. A particular record is a question for a licensed Nebraska attorney.
Sources for this section (2)
- Neb. Rev. Stat. § 29-2264 — Probation; conviction may be set aside
- Neb. Rev. Stat. § 29-3523 — Criminal history record information; removal; sealed record
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nebraska attorney.