In today’s day and age a criminal record is accessible by just about anyone and the existence of a record can have extremely negative consequences. Decisions relating to employment, housing, visitation with minor children, and even financial aid for college may all hinge on your criminal record, or lack thereof. If you have been convicted of a misdemeanor criminal offense, therefore, you may want to know “How do I get a misdemeanor expunged in my state?” Unfortunately, if the state you live in is Nebraska the answer is that you cannot get a conviction expunged; however, you may be able to get the record of an arrest expunged if it did not lead to a conviction.
“Expunging” a criminal record essentially means that the record will no longer be accessible to the public. Even an expunged record, however, remains available to law enforcement, the courts, and certain government agencies in most cases. Many states allow an individual to expunge records of conviction for misdemeanors and even for certain lessor felonies. The State of Nebraska, however, does not allow any convictions to be expunged.
Section 29-3523 of the Nebraska Revised Statutes addresses the issue of expungement. With regard to removing, or expunging, the record of an arrest, Section 29-3523(2) sets forth the time frames that a record of an arrest will remain on your criminal history, stating as follows:
- In the case of an arrest for which no charges are filed as a result of the determination of the prosecuting attorney, the arrest shall not be part of the public record after one year from the date of arrest;
- In the case of an arrest for which charges are not filed as a result of a completed diversion, the arrest shall not be part of the public record after two years from the date of arrest; and
- In the case of an arrest for which charges are filed, but dismissed by the court on motion of the prosecuting attorney or as a result of a hearing not the subject of a pending appeal, the arrest shall not be part of the public record after three years from the date of arrest.
Subsection (3) of that section also addresses expungement of an arrest due to an error of law enforcement, reading, in pertinent part:
“Any person arrested due to the error of a law enforcement agency may file a petition with the district court for an order to expunge the criminal history record information related to such error. The petition shall be filed in the district court of the county in which the petitioner was arrested. The county attorney shall be named as the respondent and shall be served with a copy of the petition. The court may grant the petition and issue an order to expunge such information if the petitioner shows by clear and convincing evidence that the arrest was due to error by the arresting law enforcement agency.”
If you wish to have an arrest record expunged, or wish to find out how to expunge a record of conviction from another state, contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced Nebraska criminal defense attorney.
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