Nebraska: Adult Factual Innocence (NE-FI-1)

All criminal history information relating to an arrest made because of a law enforcement agency's error can be expunged. Neb. Rev. Stat. § 29-3523(6).

Record Detail(s)

Unlawful or mistaken arrest or charge

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the district court in the county in which the petitioner was arrested, with service on the county attorney. 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

There is no statutory language regarding a waiting period.

Back to Nebraska