Record expungement in Nebraska
In the state of Nebraska, expungement of one's criminal record can only be done on a very limited basis. If you would like to know more on Nebraska's expungement laws, Neb. Rev. Stat. Ann. Section 29-3523 pertains to expungement of arrest records, Neb. Rev. Stat. Ann. Section 29-4109 pertains to expungement of DNA evidence, Neb. Rev. Stat. Ann. Section 43-2,105 deals with sealing juvenile records, and Neb. Rev. Stat. Ann. Sections 29-3520 & 29-3522 deals with copying and inspecting records.
The only cases that are eligible for expungement are cases that did not result in a conviction along with some juvenile cases. This means, if you had a conviction, getting a pardon is the only other avenue for sealing your criminal records from public access in Nebraska. Nebraska's Board of Pardons has the power to grant pardons upon discretion, which does the same thing as sealing the records and restoring the individual's rights. If you are trying to expunge your juvenile arrest record, juvenile records are not accessible to the general public under Nebraska law; as a result they are sealed by order of the law. Adults with a conviction may try to seek a reversal via an appeal. DUI convictions, whether a misdemeanor or felony are typically not expungeable in Nebraska.
If you are eligible to file for an expungement in the limited circumstances where it is allowed under Nebraska law, fill out the appropriate forms given to you by the clerk of court. They can tell you who to send the forms to and send you in the right direction. After sending in the forms, you will get a letter in the mail telling you when to attend your expungement hearing. Be prepared to answer any questions from the judge or the prosecuting attorney who filed charges against you.
If you are looking to be granted a pardon, download the application from the State Board of Pardon's website. After this you should get letters of reference or recommendation. You must make sure that you have paid all fines and court fees. You must also make sure you have no pending legal issues and make sure that your restitution has been completed. The Board will have a public hearing where they will weigh all the evidence in favor of granting you a pardon, and also against. The Board has the discretion to grant the pardon or not and they do so on a case by case basis.
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