Expungement Petition

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Nebraska requires the use of official court form CC 6:11 (Petition to Set Aside
Criminal Conviction) for set-aside petitions. This template provides the substantive
legal content to help you prepare — but you must transfer your content to the official
form before filing. The official form is available at
https://nebraskajudicial.gov/self-help/criminal-record-rehabilitation/set-aside-criminal-conviction.
Do not file this document directly with the court.

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

Case No. __________

IN RE:
The Petition of

[PETITIONER FULL LEGAL NAME],
Petitioner,

For an Order Setting Aside Conviction and/or Sealing Criminal History Information
(“Expungement/Sealing Petition”).

TABLE OF CONTENTS

1. Document Header.......................................................§ 1
2. Definitions...........................................................§ 2
3. Jurisdiction & Venue..................................................§ 3
4. Statutory Eligibility Allegations.....................................§ 4
5. Compliance with Waiting Periods.......................................§ 5
6. Representations & Warranties..........................................§ 6
7. Relief Requested......................................................§ 7
8. Notice & Service......................................................§ 8
9. General Provisions....................................................§ 9
10. Verification & Execution.............................................§ 10
11. Proposed Order (Exhibit A)...........................................§ 11

§ 1 DOCUMENT HEADER

1.1 Petitioner: [PETITIONER FULL LEGAL NAME], Date of Birth [MM/DD/YYYY], last four digits of SSN [___].
1.2 Respondent: State of Nebraska acting through the Office of the [COUNTY] County Attorney.
1.3 Effective Filing Date: [DATE].
1.4 Governing Law: This Petition is brought pursuant to Nebraska’s expungement and record-sealing statutes, including but not limited to Neb. Rev. Stat. §§ 29-2264 and 29-3523 (Reissue 2016).
1.5 Forum Selection: The [District/County] Court of [COUNTY] County, Nebraska (“Court”) has exclusive jurisdiction.

§ 2 DEFINITIONS

For purposes of this Petition, the following capitalized terms have the meanings set forth below:

“Criminal History Information” means any record or compilation of the Petitioner’s arrest, citation, charge, disposition, conviction, sentence, probation, or incarceration that is maintained by a criminal justice agency, as defined in Neb. Rev. Stat. § 29-3509.

“Eligible Offense” means the offense(s) identified in § 4.1 that are statutorily subject to set-aside or sealing.

“Expungement” includes, as applicable under Nebraska law, (a) the setting aside of a conviction pursuant to Neb. Rev. Stat. § 29-2264 and (b) the sealing of criminal history information pursuant to Neb. Rev. Stat. § 29-3523.

“Petitioner” means the individual named in § 1.1 seeking relief herein.

“Sealed Record” means Criminal History Information ordered by the Court to be unavailable for public inspection, subject to the access limitations set forth in Neb. Rev. Stat. § 29-3523(3).

§ 3 JURISDICTION & VENUE

3.1 This Court has subject-matter jurisdiction under Neb. Rev. Stat. §§ 24-302 and 29-2264/29-3523.
3.2 Venue is proper in [COUNTY] County under Neb. Rev. Stat. § 25-403.01 because the underlying proceeding originated in this county.

§ 4 STATUTORY ELIGIBILITY ALLEGATIONS

4.1 Offense Information
a. Case Number: [ORIGINAL CASE NO.]
b. Charge(s): [LIST EACH CHARGE & STATUTE]
c. Disposition: [e.g., Convicted of Misdemeanor Class I on MM/DD/YYYY]
d. Sentence/Probation Completed: [MM/DD/YYYY]

4.2 Basis for Relief
a. Set-Aside of Conviction. Petitioner successfully completed all sentencing obligations and seeks a set-aside pursuant to Neb. Rev. Stat. § 29-2264(2).
b. Sealing of Arrest Record. Alternatively or additionally, the related arrest(s) were [dismissed/no-billed/acquitted]; therefore, sealing is authorized under Neb. Rev. Stat. § 29-3523(1)(a)–(c).

4.3 Absence of Disqualifiers
a. No pending criminal charges exist against Petitioner in any jurisdiction.
b. Petitioner has not been convicted of any subsequent felony.
c. Any applicable restitution, fines, and court costs have been paid in full.

§ 5 COMPLIANCE WITH STATUTORY WAITING PERIODS

5.1 Waiting Period for Set-Aside. At least [___] years have elapsed since completion of probation or sentence, satisfying Neb. Rev. Stat. § 29-2264(5).
5.2 Waiting Period for Sealing of Arrest. More than one (1) year has elapsed since the [dismissal/no-file] date, satisfying Neb. Rev. Stat. § 29-3523(4).

§ 6 REPRESENTATIONS & WARRANTIES

Petitioner hereby represents, warrants, and affirms under oath as follows:
6.1 All factual statements herein are true, accurate, and complete to the best of Petitioner’s knowledge.
6.2 Petitioner has made a diligent inquiry to confirm the absence of any disqualifying factors.
6.3 Granting the relief requested will not pose a threat to public safety and is in the interest of justice.
6.4 Petitioner acknowledges that a Sealed Record may be accessed by criminal justice agencies for limited purposes as provided in Neb. Rev. Stat. § 29-3523(3).

§ 7 RELIEF REQUESTED

WHEREFORE, Petitioner respectfully prays that the Court enter an Order that:
a. Sets aside the conviction(s) identified in § 4.1 pursuant to Neb. Rev. Stat. § 29-2264;
b. Seals all Criminal History Information related to the arrest(s), charge(s), and conviction(s) at issue, as authorized by Neb. Rev. Stat. § 29-3523;
c. Directs the Nebraska State Patrol, the Clerk of this Court, and all relevant criminal justice agencies to comply with the sealing order forthwith;
d. Advises Petitioner of any future obligations concerning disclosure of the Sealed Record; and
e. Grants such other and further relief as the Court deems just and equitable.

§ 8 NOTICE & SERVICE

8.1 A copy of this Petition and all supporting exhibits has been served upon the [COUNTY] County Attorney and the Nebraska Attorney General (if required) in accordance with Neb. Ct. R. § 6-1105.
8.2 Proof of service is attached hereto as Exhibit B.

§ 9 GENERAL PROVISIONS

9.1 Amendment. Petitioner reserves the right to amend this Petition to correct clerical errors or to conform to the evidence.
9.2 Severability. If any provision herein is held invalid, the remaining provisions shall remain enforceable to the fullest extent permitted by law.
9.3 Integration. This Petition, together with all exhibits, constitutes the entire application for relief; no oral statements are incorporated herein.

§ 10 VERIFICATION & EXECUTION

I, [PETITIONER FULL LEGAL NAME], being first duly sworn, state that I have read the foregoing Petition, know the contents thereof, and that the same is true to the best of my knowledge, information, and belief.

Date: _____________

_______________________________
[PETITIONER SIGNATURE]
[PETITIONER PRINTED NAME]

State of Nebraska )
) SS.
County of _______ )

Subscribed and sworn before me this ___ day of __________, 20___.

_______________________________
Notary Public
My Commission Expires: __________

§ 11 PROPOSED ORDER (EXHIBIT A)