Nebraska: Adult Diversion/Deferral Program (NE-D-1)

All criminal history information relating to an arrest for which no charges were filed as a result of a completed diversion program is removed from the public record two years after the date of arrest, citation, or referral for prosecution without citation. Neb. Rev. Stat. § 29-3523(3)(b).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Clear

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic. The criminal justice agency will remove the information from the public record. For the specific procedure, see Neb. Rev. Stat. § 29-3523.

Fees

There is no statutory language regarding fees.

Effect

A person cannot be questioned about the record on any application for employment, bonding, license, education, or other right or privilege. The criminal justice agency responds to public inquiry as if there were no criminal history information, and the criminal history information is not disseminated to any person other than a criminal justice agency, except as provided in subsections (1) and (2). Neb. Rev. Stat. § 29-3523.

Waiting Periods

The criminal history record information is not part of the public record after two years from the date of arrest, citation in lieu of arrest, or referral for prosecution without citation. Neb. Rev. Stat. § 29-3523(3)(b).

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