Nebraska Criminal Court Records

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    Nebraska's criminal court records are official documents created during the course of criminal prosecutions. These records encompass the entire legal journey of a criminal defendant, from initial charging documents through trial, sentencing, and any subsequent appeals. Examples of such records include dockets, motions, and jury verdicts.

    The Nebraska district, county, and juvenile courts maintain criminal court records, as these courts hold criminal jurisdiction in the state. The records are designed to protect the right of an accused to a fair trial, while promoting transparency in the administration of justice. Access to these court records is governed by the Nebraska Public Records Law and the Nebraska Supreme Court Rules.

    Are Criminal Court Records Public in Nebraska?

    Yes. Criminal court records in Nebraska are generally considered public under the Nebraska Revised Statutes §§ 84-712 to 84-712.09 (the state's public records law). Neb. Rev. Stat. § 84-712 guarantees the rights of the public to examine public records, including judicial branch records, unless a statute or court order specifically exempts access. For example, case files sealed by judicial order (e.g., trial exhibits), expunged records, identifying information of certain crime victims, and juvenile records (Neb. Rev. Stat. §§ 43-2,108.01 to 43-2,108.05) are confidential records in Nebraska.

    What Criminal Court Records Contain in Nebraska

    Nebraska criminal court records contain case-specific information showing charges, proceedings, and outcomes. Public criminal court records generally include

    • Docket entries, including the names of parties (defendant and prosecutor) and case number
    • Criminal charges filed
    • Scheduled hearing dates
    • Court rulings and orders
    • Jury verdicts
    • Sentencing orders
    • Appeal notices

    Nebraska Criminal Court Records Search

    A criminal court records search in Nebraska can be conducted as follows:

    • Statewide Case Search Portal: The Nebraska judicial branch provides online access through the JUSTICE Case Search system, which covers courts in all 93 counties within the state. Searches may be performed using case number, party name, or filing date.
    • County or District Court Clerk's Office: Clerks of the district and county courts in Nebraska maintain official case files for criminal proceedings in their respective jurisdictions. Requests can be made in person at a clerk's office to inspect files or obtain copies.

    Note: In Nebraska, juvenile matters are handled by county courts, with the exception of Douglas, Lancaster, and Sarpy counties, which have dedicated juvenile courts. While juvenile delinquency records are generally sealed by law, this information is provided for researchers who are authorized to access such records.

    Fees usually apply for photocopies or certification when requesting physical or electronic copies of documents. For example, searching by case number or judgment portal on the JUSTICE Case System costs $1 per search, and certified copies requested from a clerk's office carry statutory fees.

    Free Access to Criminal Court Records in Nebraska

    The Nebraska judicial branch allows free public access to case summaries, hearing calendars, and registers of action through courthouse public terminals. In-person inspection of non-confidential documents at the clerk's office terminals is also available free of charge. However, charges apply when requesting copies, certifications, or access to older archived files. Indigent applicants may ask the clerk's office about the availability of fee waivers.

    Sealing and Expungement of Criminal Court Records in Nebraska

    Nebraska law distinguishes between the sealing and expungement processes. Sealing restricts the public inspection of a record but allows access by criminal justice agencies and certain government entities, while expungement removes information from criminal history reports. Nebraska law provides limited expungement, primarily for arrests based on error.

    Neb. Rev. Stat. §§ 29-2264, 29-3005, and 29-3523 authorize the sealing of adult criminal court records for arrests that did not result in charges and cases that resulted in acquittals or dismissals. Juvenile record sealing is provided under Neb. Rev. Stat. §§ 43-2,108.01 to 43-2,108.05.

    Expungement of arrests made due to error is governed by Neb. Rev. Stat. § 29-3523(9).

    How to Seal Criminal Court Records in Nebraska

    There are several steps in the process of sealing court records in Nebraska:

    • Determine Eligibility: For adults, sealing may be applied to dismissed charges, acquittals or not-guilty verdicts, convictions resulting from sex trafficking, or pardoned convictions. Eligibility for juvenile record sealing is detailed on the Nebraska Judiciary's website. Notably, many juvenile records are sealed automatically.
    • File a Petition or Motion: Unless the record qualifies for automatic sealing, a petition or motion to seal must be filed in the court where the case was originally handled. The Nebraska judicial branch provides official forms for such requests, such as the Motion to Seal Adult Criminal Record (Form CC 6:12), Motion to Seal Juvenile Records (Form JC 15:1), and Motion to Seal Records (County Court) (Form JC 15:3) (used for juvenile cases in the county court)
    • Serve Notice on the Prosecutor: The court will inform the county or city attorney of the motion to seal, in order to allow them to file a challenge, if needed.
    • Attend the Court Hearing: The court may hold a hearing to review the case.
    • Entry of Court Order: If the motion is granted, the judge will issue an order directing the record to be sealed. The clerk will update the court file, and the Nebraska State Patrol (NSP) will be notified to update its database.

    While there are costs associated with filing and specifications, fee waivers may be obtained through Nebraska's in forma pauperis provision (Neb. Rev. Stat. §§ 25-2301 to 25-2310) by completing and submitting Form DC 6:7.2.

    How to Expunge a Criminal Record in Nebraska

    Expungement is limited under Nebraska law. The principal statutory basis for expungement is Neb. Rev. Stat. § 29-3523(9), which allows individuals to seek removal of an arrest record when the arrest was made due to error.

    The general process includes:

    • Filing a petition in the district court where the arrest occurred.
    • Serving a copy of the petition on the county attorney.
    • Attending a hearing, if required.
    • Obtaining a court order directing the arrest record to be expunged.

    Expungement in Nebraska does not apply to valid convictions.

    Criminal Records in Nebraska vs Court Records

    Criminal records and court records in Nebraska are related but serve distinct functions within the justice system. Understanding the distinction is crucial for anyone seeking to research a person's interactions with the criminal justice system.

    Criminal records, often referred to as criminal history record information, are maintained by law enforcement agencies, with the Nebraska State Patrol serving as the central repository. These records, also referred to as Records of Arrest and Prosecution (RAP sheets), provide a statewide summary of an individual's criminal history. A RAP sheet may contain information about

    • Arrest dates and arresting agencies
    • Charges filed by prosecutors
    • Case dispositions, such as convictions, dismissals, or acquittals
    • Sentencing information, including probation or incarceration status
    • Any set-asides, pardons, or statutory removals under Nebraska law

    Access to criminal history information is strictly regulated. According to § 29-3523, the public may view only limited portions of another person's record. Full access is restricted to the record holder, authorized employers, licensing boards, and criminal justice agencies.

    Meanwhile, court records are created and maintained by the judiciary during the prosecution of criminal cases. They reflect the official filings and proceedings of a particular case in a county, district, or juvenile court. Court records are accessible through the Nebraska Judicial Branch's JUSTICE system and local clerk's offices, as well as the appellate case search portals and the Nebraska Appellate Courts Online Library (for cases appealed to a higher court).

    Requesting a Nebraska Criminal History Record

    A criminal record search in Nebraska conducted through official state channels differs from a search of criminal court case files. Nebraska criminal history records, also called RAP sheets, are maintained by the Nebraska State Patrol's Criminal Identification Division (CID). These records provide a consolidated history of arrests, charges, case dispositions, probation or parole status, and convictions reported statewide.

    Public access to Nebraska criminal history records is strictly regulated. Individuals may request their own records, and certain employers, licensing boards, or criminal justice agencies may obtain a person's criminal record for authorized purposes. The general public cannot obtain another person's unrestricted RAP sheet.

    How to Request a Nebraska State Background Check

    Criminal history records requests (background checks) in Nebraska are available in two forms: name- or fingerprint-based. A name-based search requires the subject's full name, date of birth, sex, and race, and costs a non-refundable $30 fee per request.

    On the other hand, a fingerprint-based search, which ensures the most accurate results, requires the submission of the Criminal History Record Request form and fingerprints either electronically via an authorized Live Scan provider or on an FD-258 fingerprint card. The fingerprint-based option costs $30, plus any rolling fees charged by the fingerprinting agency. Results are mailed directly to the requester once processing is complete.

    Applicants who are unable to access Live Scan services may request a fingerprint card (Form FD-258) from the Nebraska State Patrol or the Federal Bureau of Investigation. The completed fingerprint card, along with the Criminal History Record Request form (Spanish version) and payment ($30), should be mailed to

    Nebraska State Patrol - Criminal Identification Division

    P.O. Box 94907

    Lincoln, NE 68509

    Other CID contact information:

    Phone: (402) 471-4971

    Fax: (402) 479-4321

    Email: nsp.criminalidentification@nebraska.gov

    Processing times for mailed fingerprint submissions are generally longer than electronic requests, often taking several weeks.

    Active vs Archived Criminal Cases in Nebraska

    Active criminal cases in Nebraska are those currently pending in the Nebraska courts. These cases appear on court calendars and can be searched online through JUSTICE or at courthouse public terminals. Information available includes hearing dates, filings, and orders.

    Archived cases are closed matters that have been transferred to storage, microfilm, or archival systems for long-term preservation. Retrieval of an archived file generally requires a written request to the clerk's office, and additional time may be needed for processing. Some older cases may require payment of retrieval fees.