Expungement / Record Sealing Petition and Eligibility Memo — Nebraska

Expungement / Record Sealing Petition and Eligibility Memo (NEBRASKA)

Quick-Reference Summary

Part A — Eligibility Memo

TO: [CLIENT NAME]
FROM: [ATTORNEY NAME], [FIRM]
RE: Eligibility for Record Sealing and/or Set-Aside Under Nebraska Law
DATE: [__/__/____]

1. Statutory Framework

Nebraska is one of a small group of states that does not provide a broad expungement-of-conviction remedy for adult offenders. Available relief is allocated across three statutes and one administrative authority:

1. Adult record sealing under Neb. Rev. Stat. § 29-3523 — limited to (a) conviction-less charges (dismissals or acquittals), (b) sex-trafficking victims who have obtained set-aside under § 29-3005, and (c) pardoned convictions.
2. Set-aside of conviction under Neb. Rev. Stat. § 29-2264 — available after successful completion of probation or service of sentence; nullifies the conviction and restores certain civil rights but does not erase the record and does not restore firearms rights.
3. Set-aside for sex-trafficking victims under Neb. Rev. Stat. § 29-3005 — for convictions or adjudications attributable to having been a victim of sex trafficking.
4. Pardon by the Nebraska Board of Pardons (Neb. Rev. Stat. §§ 83-1,127 to 83-1,131) — required for sealing of conviction records.

2. Eligibility Analysis

A. Automatic / Petition-Based Sealing of Non-Conviction Records (§ 29-3523(3))

• ☐ Arrest, citation, or referral for prosecution with no charges filed? → CHRI removed from public record 1 year after arrest/citation/referral.
• ☐ Diversion successfully completed without charges filed? → CHRI removed 2 years after arrest/citation/referral.
• ☐ Charges filed but case dismissed (by the court on motion of the prosecutor, after a hearing not pending appeal, after acquittal, after deferred judgment, or after problem-solving court completion)? → CHRI removed immediately upon notification or entry of dismissal order.
• ☐ Disposition occurred after December 31, 2016 → sealing is automatic; no motion required.
• ☐ Disposition occurred before January 1, 2017 → file Motion to Seal (CC 6:12).

B. Sealing After Pardon (§ 29-3523(5))

• ☐ Petitioner has received a pardon from the Nebraska Board of Pardons?
• ☐ If yes: file Motion with sentencing court; court "shall grant" upon finding the pardon was received.

C. Sealing After § 29-3005 Set-Aside (§ 29-3523(4))

• ☐ Petitioner is a victim of sex trafficking as defined in § 29-3005?
• ☐ Conviction or adjudication directly arose from petitioner's sex-trafficking victimization?
• ☐ Motion to set aside under § 29-3005 has been (or will be) granted by sentencing court?

D. Set-Aside of Conviction Under § 29-2264

• ☐ Petitioner was placed on probation and has been discharged or has served the sentence imposed?
• ☐ Petitioner has not been convicted of a felony since the conviction at issue?
• ☐ No pending criminal proceeding?
• ☐ Set-aside is in the public interest based on petitioner's behavior, rehabilitation, and the nature of the offense.

Important caveat. A § 29-2264 set-aside nullifies the conviction and restores civil rights other than firearms. It does not erase the record from the public docket. A subsequent Motion to Seal under § 29-3523 is unavailable unless the petitioner also receives a pardon or qualifies under § 29-3005.

E. Pardon (Then Seal) Pathway

For convictions resulting in imprisonment of more than one year, a pardon is the only clean-slate pathway. Once pardoned, the petitioner may then move to seal under § 29-3523(5).

• ☐ Waiting period satisfied (typically 3 years post-discharge for misdemeanors; 10 years for felonies, per Board rules)?
• ☐ All fines/restitution paid?
• ☐ Letters of recommendation and rehabilitation evidence assembled?

3. Effect of Sealing (§ 29-3523(1), (7))

• Criminal-justice agencies respond to public inquiries as if no record exists.
• Petitioner may answer questions about employment, licensing, and scholarships as if no record exists.
• Record remains accessible to: petitioner; persons authorized in writing by petitioner; criminal-justice agencies (courts, law enforcement, prosecutors).
• Privately maintained background-check databases are not required to remove information.
• Sealing is not identical to expungement; evidence of the underlying event may persist outside government channels.

4. Effect of Set-Aside (§ 29-2264(5))

• Conviction is nullified; specified civil rights are restored.
• Petitioner must still disclose the conviction when asked by employers or licensing bodies but may explain that it was set aside by the sentencing court.
• Firearms rights are not restored by set-aside; pardon by the Board of Pardons is required.

5. Recommendation

Based on the foregoing, the undersigned recommends [Motion to Seal under § 29-3523 / Motion to Set Aside under § 29-2264 / Application for Pardon to Board of Pardons / combination]. The proposed filing court is [____________________ County Court / District Court].

Part B — Motion to Seal / Petition to Set Aside

IN THE [COUNTY / DISTRICT] COURT OF [____] COUNTY, NEBRASKA

Case No.: [____________________]

[MOTION TO SEAL ADULT CRIMINAL RECORD PURSUANT TO NEB. REV. STAT. § 29-3523]

[or MOTION TO SET ASIDE CONVICTION PURSUANT TO NEB. REV. STAT. § 29-2264]

COMES NOW the Movant, [MOVANT NAME], by and through undersigned counsel, and respectfully moves this Court for an order [sealing the criminal history record information / setting aside the conviction] in the above-captioned matter, and in support states:

I. MOVANT INFORMATION

1. Full legal name: [____________________].
2. Other names or aliases: [____________________].
3. Date of birth: [__/__/____].
4. Current address: [____________________].
5. Phone: [____________________]. Email: [____________________].

II. CASE INFORMATION

6. Case number: [____________________].
7. County: [____________________].
8. Court: ☐ County Court ☐ District Court.
9. Date of charge: [__/__/____].
10. Offense(s) charged: [____________________].
11. Outcome (dismissed, acquitted, pardoned, conviction with sentence completed, set-aside under § 29-3005): [____________________].

III. STATUTORY BASIS AND ELIGIBILITY

[Choose the applicable subsection — sealing under § 29-3523]:

12. The records sought to be sealed are eligible under Neb. Rev. Stat. § 29-3523 because:
    - ☐ Charges were dismissed or Movant was acquitted (§ 29-3523(3)(c)) on [__/__/____], and the date precedes January 1, 2017 (post-2016 dispositions are sealed automatically); OR
    - ☐ Movant has received a pardon from the Nebraska Board of Pardons on [__/__/____] (§ 29-3523(5)); OR
    - ☐ Movant is a victim of sex trafficking and a § 29-3005 set-aside order was entered on [__/__/____] (§ 29-3523(4)).

[OR — set-aside under § 29-2264]:

13. Movant is eligible to have the conviction set aside under Neb. Rev. Stat. § 29-2264 because:
    a. Movant was sentenced on [__/__/____] and was placed on probation OR has served the sentence imposed.
    b. Probation was satisfactorily completed / sentence was fully served on [__/__/____].
    c. Movant has not been convicted of a felony since the date of the conviction.
    d. No criminal proceeding is currently pending against Movant.
    e. Setting aside the conviction is in the public interest.

IV. SUPPORTING FACTS

14. Since the disposition / discharge, Movant has [employment, education, family responsibilities, community involvement, treatment, time without further offenses]. Supporting documents are attached.

15. Movant continues to suffer collateral consequences as a result of the [arrest / conviction] including [employment denial, housing denial, licensing impediments, immigration consequences]: [____________________].

V. ATTACHED EXHIBITS

• Exhibit A — Certified copy of disposition order (dismissal, acquittal, judgment, pardon, or § 29-3005 set-aside order).
• Exhibit B — Nebraska State Patrol criminal history printout.
• Exhibit C — Documentation of completion of sentence / probation (set-aside motions).
• Exhibit D — Affidavit of Movant.
• Exhibit E — Supporting letters (employment, treatment, community).

WHEREFORE, Movant respectfully requests that this Court enter an Order:

A. [Sealing all criminal history record information relating to the above-captioned case pursuant to Neb. Rev. Stat. § 29-3523(7); / Setting aside the conviction pursuant to Neb. Rev. Stat. § 29-2264;]
B. Directing the Nebraska State Patrol, the arresting agency, and the clerk of court to comply with the Order;
C. Granting such further and other relief as the Court deems just.

Respectfully submitted,

[___________________________________]
[ATTORNEY NAME], NE Bar No. [______]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Movant

VERIFICATION

I, [MOVANT NAME], state under penalty of perjury under the laws of the State of Nebraska that the foregoing statements are true and correct to the best of my knowledge.

Executed on [__/__/____] at [____________], Nebraska.

[___________________________________]
[MOVANT NAME]

CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served the foregoing on:

• County Attorney / City Attorney for [____] County
• Nebraska State Patrol, CJIS Division
• Arresting agency: [____________________]

[___________________________________]
[ATTORNEY NAME]

Part C — Filing Checklist

Pre-Filing

• ☐ Identify the precise remedy: § 29-3523 sealing, § 29-2264 set-aside, § 29-3005 sex-trafficking set-aside, or Board of Pardons application.
• ☐ Verify disposition date (pre- or post- January 1, 2017) and whether automatic sealing already applies.
• ☐ Obtain Nebraska State Patrol criminal history printout.
• ☐ Obtain certified copies of disposition documents (dismissal, acquittal, judgment, pardon, set-aside).
• ☐ Confirm no current criminal proceedings pending.
• ☐ For set-aside: confirm successful completion of probation or sentence.

Drafting

• ☐ Use Nebraska Supreme Court Self-Help Form CC 6:12 (Motion to Seal) or local set-aside form (CC 6:1) as the base.
• ☐ Identify the case in the caption of the original criminal case.
• ☐ Include movant's date of birth (some courts require redaction).
• ☐ Attach all exhibits referenced.

Filing and Service

• ☐ File in the court where the case was heard (county or district court).
• ☐ Filing fee waiver: see local rules (sealing motions often have no fee).
• ☐ Serve the County Attorney (or City Attorney for municipal cases) and Nebraska State Patrol.
• ☐ Confirm local rule compliance with the clerk's office.

Hearing

• ☐ Prepare movant testimony on rehabilitation, collateral consequences, and reason for relief.
• ☐ Attend hearing; testimony in open court is required (CC 6:12 instructions).
• ☐ Submit proposed Order at hearing.

Post-Order

• ☐ Serve the entered Order on Nebraska State Patrol (CJIS) and arresting agency.
• ☐ Verify removal from public CCH and Nebraska JUSTICE case search.
• ☐ Advise client on residual exposure (private databases; criminal-justice access; pardon needed for firearms restoration).

Sources and References

• Neb. Rev. Stat. § 29-3523 (Criminal history record information; sealing) — https://nebraskalegislature.gov/laws/statutes.php?statute=29-3523
• Neb. Rev. Stat. § 29-2264 (Set aside; probation; sentence served) — https://nebraskalegislature.gov/laws/statutes.php?statute=29-2264
• Neb. Rev. Stat. § 29-3005 (Sex-trafficking victim set-aside) — https://nebraskalegislature.gov/laws/statutes.php?statute=29-3005
• Nebraska Judicial Branch — Adult Record Sealing — https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation/adult-record-sealing
• Form CC 6:12 — Motion to Seal an Adult Criminal Record — https://supremecourt.nebraska.gov/sites/default/files/CC-6-12.pdf
• Legal Aid of Nebraska — Record Sealing, Set Asides, and Pardons — https://legalaidofnebraska.org/online-resources/record-sealing-set-asides-and-pardons.html
• Collateral Consequences Resource Center — Nebraska Profile — https://ccresourcecenter.org/state-restoration-profiles/nebraska-restoration-of-rights-pardon-expungement-sealing/