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Record Sealing, Set Asides, and Pardons

Legal Aid of Nebraska provides education and information to those seeking to advocate for and represent themselves. With the resources and links below, we hope to increase personal agency in the legal process - making civil matters easier to navigate and resolve.

Criminal Record Rehabilitation

Nebraskans with criminal records may face obstacles when looking for a job or a place to live, but there are several ways you might be able to repair your criminal record. These methods could improve your criminal record in the eyes of future employers and landlords, restore certain civil rights, and even remove the record from what the public can see.

 In Nebraska, the clean slate processes available are:

  • Adult record sealing
  • Juvenile record sealing
  • Criminal conviction set-asides
  • Pardons

To see if your criminal record may be eligible for clean slate relief, complete the following questionnaire via the Nebraska Supreme Court Self-Help Center.

Adult Record Sealing

The adult record sealing option is dependent on certain characteristics of the record.

You may be eligible to have your record sealed:

  • For charges that were either dismissed or resulted in acquittal.
  • If you have received a pardon; or
  • If you have been a victim of human trafficking.

When a criminal record is sealed, it removes information about the arrest and conviction from the public record. 

Click here for additional information on adult record sealing, including eligibility and the court process.

 

Juvenile Record Sealing

A record is a “juvenile record” if you were under the age of 18 when the offense took place. 

  • Juvenile records are normally sealed automatically when the case is closed. 
  • If the record is not sealed automatically, additional steps are required to ask the court to have those records sealed. 

When a juvenile record is sealed, it removes information about the arrest and conviction from the public record. 

Click here for additional information on juvenile record sealing, including eligibility and the court process.

 

Set-Asides

A set-aside is an order by the sentencing court that acts to void the conviction.  

  • A set-aside does not erase your conviction. Instead, a set-aside nullifies the prior conviction and restores certain civil rights.
  • A person with a conviction that has been set-aside must still report that conviction to employers or landlords when asked but can explain that the conviction was subsequently nullified by the sentencing court.   

Click here for additional information on set-asides, including eligibility and the court process.

 

Pardons

Board of Pardons

A pardon offers some of the same benefits as a set-aside, as it acts to nullify the conviction. 

  • A pardon from the Board of Pardons also allows for the return of certain rights that a set-side does not, including the return of gun rights and other rights that were taken away when you were convicted of a felony.
  • A pardon does not mean that you were innocent, but it says that the Board has considered your conduct since sentencing and has determined that the applicant deserves to have their rights restored. 
  • For convictions that resulted in imprisonment of more than one year, a pardon from the Board of Pardons is the only clean slate method available. 
  • Once a record has been pardoned, it is eligible to be sealed. 

Click here for additional information about obtaining a pardon from the Board of Pardons.

Related Resources:

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