Expungement Petition - Preparation Worksheet - Nebraska

IMPORTANT: PREPARATION WORKSHEET — NOT THE OFFICIAL FORM

Use CC 6:11, Petition to Set Aside Criminal Conviction, for a qualifying
§ 29-2264 conviction. Use CC 6:12, Motion to Seal an Adult Criminal Record,
only for a qualifying § 29-3523 sealing route. A set-aside does not seal or erase the
conviction, and an ordinary set-aside conviction is not eligible for CC 6:12.

NEBRASKA SET-ASIDE, SEALING, OR EXPUNGEMENT WORKSHEET

1. SELECT ONE REMEDY

☐ Conviction set-aside — § 29-2264 / CC 6:11. The sentencing court may
nullify a qualifying conviction, but the conviction and set-aside order remain visible.

☐ Adult record sealing — § 29-3523 / CC 6:12. This is limited to a qualifying
pre-2017 dismissal or acquittal, a pardoned conviction, or a conviction set aside under
the sex-trafficking-victim statute, § 29-3005.

☐ No-motion public-record removal — § 29-3523(3). The statutory period or
trigger has already made qualifying criminal-history information nonpublic.

☐ Erroneous-arrest expungement — § 29-3523(9). A separate district-court
petition alleges arrest caused by law-enforcement-agency error.

☐ Different remedy required: [PARDON / § 29-3005 / OTHER].

2. CASE INFORMATION

3. § 29-2264 SET-ASIDE ELIGIBILITY

Select the applicable sentence branch.

☐ Petitioner was placed on probation and satisfactorily completed the entire probation
term or received early discharge; all fines and community service are complete.

☐ Petitioner received a fine-only sentence and paid the fine.

☐ Petitioner received a community-service sentence and completed the service.

☐ Petitioner received another sentence, was not sentenced to imprisonment exceeding
one year, and completed the sentence.

Additional bars for the completed-sentence branch

A petition under § 29-2264(3) must be denied if filed:

☐ While a criminal charge is pending in a United States or foreign court.

☐ While petitioner is required to register under the Sex Offender Registration Act.

☐ For a misdemeanor or felony motor-vehicle offense under § 28-306 or the Nebraska
Rules of the Road.

☐ Within two years after denial of another petition under subsection (3).

If any box is checked, stop and obtain route-specific legal advice.

4. SET-ASIDE SUPPORTING FACTS

The sentencing court exercises discretion after considering petitioner's behavior after
sentencing, likelihood of remaining law-abiding, and any other relevant information. The
court may grant relief only when it finds a set-aside is in petitioner's best interest and
consistent with public welfare.

Complete a separate CC 6:11 for each conviction requested.

5. SET-ASIDE EFFECT AND LIMITS

A granted order:

• nullifies the conviction;

• removes civil disabilities and disqualifications imposed as a result of the conviction;
  and

• advises petitioner to consult counsel about firearm possession under state and federal
  law.

It does not erase or seal the record, guarantee return to a lost position, prevent every
later use, end sex-offender registration, erase motor-vehicle points, or affect commercial-
driver obligations. Section 29-2264(6) preserves the listed uses, including impeachment,
later sentencing and enhancement, later set-aside eligibility, specified licensing decisions,
sex-offender-registration determinations, firearm-law use under § 28-1206, and victims'
civil rights.

6. § 29-3523 PUBLIC-RECORD REMOVAL

Criminal-history information becomes nonpublic without a motion as follows:

For a dismissal or acquittal after December 31, 2016, first verify whether the record is
already nonpublic. Do not file CC 6:12 merely because automated or agency processing has
not yet been checked.

7. CC 6:12 SEALING ROUTES — § 29-3523(4)–(6)

☐ Sex-trafficking-victim route. A court already set aside the conviction or
adjudication under § 29-3005. Attach or identify that order.

☐ Pardon route. Petitioner received a pardon. Attach or identify the pardon.

☐ Pre-2017 dismissed case. The case was dismissed before January 1, 2017 for a
reason described in § 29-3523(3)(c).

On the required finding, the court must grant the applicable motion and enter the order
described in subsection (7). File in the sentencing court for the first two routes and in the
court where the case was filed for the pre-2017 dismissal route.

8. SEALING EFFECT

The court orders the covered case information removed from the public record, sends
notice to the Nebraska Commission on Law Enforcement and Criminal Justice, Nebraska
State Patrol, and referenced law-enforcement and prosecuting agencies, and directs those
recipients to seal their records.

After the statutory period or order, a criminal justice agency generally answers a public
inquiry as if no criminal-history information exists, subject to § 29-3523(1)–(2). A person
generally may respond as if the sealed offense never occurred when asked in an employment,
bonding, licensing, education, privilege, witness, or other public inquiry. Criminal justice
agencies retain access, and private databases are not automatically controlled by the order.

9. ERRONEOUS-ARREST EXPUNGEMENT — § 29-3523(9)

This is a separate action in district court in the county of arrest.

☐ Arrest resulted from an error by the arresting law-enforcement agency.

☐ County attorney is named as respondent and served.

☐ Clear-and-convincing evidence establishes the agency error.

Relief under this subsection is true expungement of the criminal-history information
related to the error; do not use CC 6:11 or ordinary CC 6:12 allegations as a substitute.

10. FILING CHECKLIST

☐ Correct remedy and official form selected.

☐ Filing court and case number verified.

☐ Sentence and completion records attached or available.

☐ Disposition, pardon, or § 29-3005 order attached when relevant.

☐ Current Nebraska criminal-history and court records reviewed.

☐ Local filing, notice, service, hearing, and copy requirements confirmed with the clerk.

☐ Petitioner prepared to explain eligibility and requested relief accurately.

OFFICIAL SOURCES

• Neb. Rev. Stat. § 29-2264: https://nebraskalegislature.gov/laws/statutes.php?statute=29-2264
• Neb. Rev. Stat. § 29-3523: https://nebraskalegislature.gov/laws/statutes.php?statute=29-3523
• Judicial Branch set-aside guidance and CC 6:11: https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation/set-aside-criminal-conviction
• Judicial Branch adult-sealing guidance and CC 6:12: https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation/adult-record-sealing