Have A Question? Search This Site:
A DUI conviction can have long-term consequences that extend well beyond the courtroom. For many Nebraska residents, the biggest question after a conviction is whether the record can be cleared or hidden. In most states, there are legal processes like expungement or record sealing that can limit who sees past offenses—but these options are often limited when it comes to DUI charges.
In Nebraska, the terms “expungement” and “sealing” are sometimes used interchangeably, but they refer to different legal mechanisms. Understanding how these processes work—and whether they apply to DUI cases—is essential if you’re hoping to reduce the impact of a past conviction.
This post walks through what Nebraska law allows when it comes to clearing or sealing DUI records. We’ll cover who may be eligible for relief, how the process works, and what limitations exist. You’ll also learn about alternatives like set-asides, which are sometimes mistaken for expungement but don’t fully remove a conviction from your record.
Whether you’re dealing with a first offense or looking to minimize the long-term effects of a DUI, this article offers clear, educational guidance specific to Nebraska’s laws.
Nebraska Does Not Offer Traditional Expungement for DUIs
Unlike some states that allow adult criminal convictions to be expunged (completely erased), Nebraska does not offer traditional expungement for DUI offenses. Once a DUI conviction is entered into your criminal record, it generally stays there permanently unless specific, limited circumstances apply.
Expungement typically refers to a legal process that removes a conviction from public view and, in some cases, treats it as though it never happened. Nebraska law is much more restrictive. The state only permits expungement in extremely narrow situations—such as arrest records that did not result in a conviction or cases of mistaken identity. These exceptions do not apply to DUI convictions.
Because of this, individuals with a DUI conviction in Nebraska must explore other options, such as a set-aside or a juvenile sealing process (if applicable). However, even these alternatives do not result in the full removal of the record.
What Is a Set-Aside and How Does It Work?
Nebraska allows individuals who have successfully completed probation to apply for what is known as a set-aside. This is governed by Nebraska Revised Statute § 29-2264. If granted, a set-aside does not erase the conviction, but it does mark the record to reflect that the court has set the conviction aside after the sentence was completed.
To be eligible, a person must:
- Have been placed on probation
- Successfully complete all terms of the sentence
- Not be under current charges or supervision
Once approved, the court updates the public record to show that the conviction was set aside. However, this does not remove the DUI from your record, and it can still appear on background checks. Employers and licensing agencies may still see the conviction, even with the set-aside notation.
It’s important to understand that this process is not the same as sealing or expunging. The conviction remains visible—it’s just marked as having been resolved through successful completion of sentencing.
Can DUI Records Be Sealed in Nebraska?
Nebraska does allow for record sealing in certain cases, but adult DUI convictions do not qualify under current state law. The sealing process is primarily available for:
- Arrests that did not lead to charges
- Charges that were dismissed
- Juvenile cases under specific conditions
If your DUI case resulted in a conviction as an adult, sealing is not an option in Nebraska. There is currently no legal process that allows adult DUI convictions to be sealed or hidden from public view. The law is strict in this regard, and even efforts to reform record-sealing eligibility have not extended relief to DUI offenses.
For individuals whose DUI charges were dismissed or who were found not guilty, sealing may be possible. But for those with a conviction on file, the options are limited.
Juvenile DUI Records May Be Eligible for Sealing
While adult DUI convictions cannot be sealed, juvenile DUI records may be eligible for sealing under Nebraska law. If the offense occurred when the individual was under 18, and the case was handled through juvenile court, the record may be sealed after:
- Completion of all court-ordered requirements
- Passage of a waiting period without further offenses
- Petition and approval by a judge
Sealing a juvenile record means the offense is no longer visible to most employers, landlords, or the general public. However, sealed records may still be accessible to law enforcement or the courts under certain conditions.
This process only applies to juvenile offenders. If the DUI occurred after the individual turned 18, adult record sealing rules apply—which, again, do not allow for DUI convictions to be sealed.
Does a Set-Aside Remove a DUI From Background Checks?
No. A set-aside in Nebraska does not prevent a DUI conviction from showing up on background checks. Instead, it adds a notation that the conviction has been set aside after successful completion of sentencing. While this can provide helpful context, the underlying offense remains visible.
Employers, housing providers, and licensing boards may still see the conviction and consider it during their evaluation process. While some may view the set-aside positively, others may still treat the conviction as a disqualifying factor—especially in industries where driving, safety, or trust are central to the role.
For this reason, it’s important to understand that a set-aside does not equal expungement or sealing. It’s a form of relief, but it doesn’t erase the past.
The Long-Term Impact of a DUI on Public Records
Because DUI convictions in Nebraska remain part of your permanent criminal record, they can affect your life in many ways:
- Employment: Many employers conduct background checks, and a DUI conviction will likely appear.
- Professional Licensing: Certain professions—such as healthcare, education, or transportation—may be impacted.
- Housing Applications: Landlords may consider criminal history when selecting tenants.
- Insurance: A DUI may trigger long-term rate increases, especially when combined with your DMV driving record.
The long-term presence of a DUI underscores the importance of knowing what relief is (and isn’t) available. In Nebraska, the legal system offers limited options once a DUI conviction is on your record.
FAQ: DUI Expungement and Sealing in Nebraska
Can I get a DUI expunged in Nebraska?
No. Nebraska does not allow expungement of adult DUI convictions.
What is a set-aside, and does it clear my record?
A set-aside marks your record to show successful completion of sentencing, but the conviction remains visible.
Can juvenile DUI records be sealed in Nebraska?
Yes, under specific conditions. Juvenile records may be eligible for sealing after a waiting period and court approval.
Does a set-aside make the DUI disappear from background checks?
No. The DUI still appears on background checks, even if it was set aside.
Can I seal my DUI record if the charges were dropped?
Possibly. If your DUI charges were dismissed or you were not convicted, you may petition to seal the record.
Are there any ways to completely remove a DUI from my record in Nebraska?
No complete removal is available for adult DUI convictions. The offense remains on your criminal record permanently.
How long does a DUI stay on my record in Nebraska?
A DUI stays on your criminal record indefinitely and on your driving record for 15 years.
Conclusion
Nebraska law does not allow expungement or sealing of adult DUI convictions. While a set-aside is available for those who complete probation, it does not remove the conviction from your record. For juvenile offenses, sealing may be possible, but adult DUI records remain visible to employers, landlords, and licensing agencies. Understanding these limitations is important when considering your options and managing the long-term consequences of a DUI in Nebraska.
To learn more about the effects of DUI records, visit the DUI Records And Long Term Impact resource page.
For additional information on how long a DUI stays on your record, read the full How Long a DUI Stays on Your Record article.