Nebraska: Adult Diversion/Deferral Program (NE-D-2)

All criminal history information relating to a charge for which the defendant completed a program prescribed by a drug court or any other problem-solving court, or for which the the defendant was granted deferred judgment and successfully completed the terms of probation, are removed from the public record. Neb. Rev. Stat. § 29-3523(3)(c)(iv), § 29-2292.

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

Domestic violence and DUI offenses are not eligible for deferred judgement. Neb. Rev. Stat.§ 29-2292.

Procedure General

The procedure is automatic. Upon the entry of an order dismissing the case, the court will order that all records are not public and send notice to the specified agencies. 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 upon the completion of a program prescribed by a drug court or any problem-solving court. Neb. Rev. Stat. § 29-3523.

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