Nebraska: Adult Non-Conviction Arrests (NE-NC-2)

All criminal history information relating to an arrest that results in dismissal of all charges or an acquittal is removed from the public record. Neb. Rev. Stat. § 29-3523(3)(c)(i)-(iii).

Record Detail(s)

Charges resolved in favor of defendant

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. Upon the acquittal or entry of an order dismissing the case, the court will order that all records are not public and send notice to the agencies specified in subsection (4). 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 acquittal or entry of a dismissal order. Neb. Rev. Stat. § 29-3523.

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