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A DUI charge is more than just a traffic violation—it’s a criminal offense in many states, including Nebraska. For those who’ve been arrested or convicted of driving under the influence, one of the most common concerns is whether the charge will appear on a criminal record. This post clarifies how DUI convictions are classified in Nebraska, what gets reported, and what this means for your long-term record visibility.
In Nebraska, DUIs are prosecuted through the criminal justice system, not just handled through administrative fines. This distinction matters because it determines whether the incident becomes part of your criminal history—something that can follow you for years or even a lifetime.
We’ll walk through what happens when you’re convicted of a DUI in Nebraska, how long it remains on your criminal record, and what effects it might have on job applications, licensing, and housing. You’ll also learn the difference between a criminal record and a driving record, as well as whether Nebraska offers any pathways for record sealing or removal.
This blog post is educational, informative, and written specifically for a Nebraska audience. Whether you’re trying to understand the long-term consequences of a past conviction or just seeking clarity on how DUI records work in the state, you’ll find clear answers here—without legal jargon or advice.
Nebraska Classifies DUIs as Criminal Offenses
In Nebraska, driving under the influence (DUI) is a criminal charge, not a civil infraction. For a first-time offender, a DUI is generally classified as a Class W misdemeanor. However, the severity can increase based on factors such as blood alcohol content (BAC), presence of prior offenses, or whether there was an accident involved.
When you’re convicted of a DUI in Nebraska, the charge is entered into the state’s criminal justice database. This means it becomes part of your criminal history and is viewable by employers, law enforcement, and other institutions that perform background checks. Unlike a traffic ticket, which might disappear after a few years, a criminal conviction remains in the system unless specific action is taken to seal or set aside the record.
Even though a first offense may seem less serious, the classification as a misdemeanor still puts it on the same criminal record as more severe offenses. Repeat DUI convictions may be elevated to felony charges, especially when a driver has multiple prior offenses within a 15-year lookback window. In those cases, the impact on your record becomes even more significant and long-lasting.
DUI Convictions Appear on Background Checks in Nebraska
When someone runs a criminal background check in Nebraska—whether it’s a prospective employer, landlord, or licensing agency—a DUI conviction typically appears on the report. That’s because criminal convictions are public record in Nebraska and remain accessible unless sealed or restricted by court order.
Most background check services scan court records and statewide databases that list convictions. Because Nebraska treats DUI as a criminal offense, these records are pulled into standard searches. This means even a single DUI can affect your ability to get certain jobs, obtain housing, or apply for professional licenses—especially in industries that require driving or public safety.
The level of detail that appears on a background check can vary. Some checks may show the specific charge, conviction date, and sentencing outcome, while others may include probation or license suspension details. Regardless of the format, the key point is this: a DUI conviction will almost always show up in Nebraska unless legal steps are taken to change the record status.
How Long a DUI Remains on Your Criminal Record
In Nebraska, a DUI conviction does not automatically disappear after a certain period. Unlike points on a driver’s license that eventually expire, a criminal conviction stays on your record permanently unless it is sealed or set aside by a judge.
This means that even after fulfilling all court-ordered requirements—such as paying fines, completing probation, or attending alcohol education programs—the DUI will still be visible on your criminal history. Many people assume that older convictions “drop off” after five or ten years, but in Nebraska, no such automatic clearing exists.
The only way a DUI might be marked differently on your record is through a set-aside motion, which acknowledges the successful completion of a sentence. However, even in those cases, the record of conviction is still visible. The set-aside merely adds a note that you fulfilled the court’s requirements—it doesn’t erase the offense.
Criminal Record vs. Driving Record: Key Differences
In Nebraska, it’s important to distinguish between your criminal record and your driving record, as they are managed by different systems and serve different purposes.
- Criminal Record: Maintained by the court system and law enforcement, this includes all criminal charges and convictions, including misdemeanors and felonies. A DUI conviction falls under this category.
- Driving Record: Managed by the Nebraska Department of Motor Vehicles (DMV), this includes moving violations, license suspensions, and administrative actions. A DUI also appears here and stays on file for 15 years.
Understanding the difference is essential because each type of record affects different parts of your life. For example, a DUI on your driving record might impact your insurance rates, while a DUI on your criminal record might affect employment opportunities. Both records are used independently by various agencies and organizations.
Can a DUI Be Sealed or Removed in Nebraska?
Nebraska law allows for some criminal records to be sealed, but DUI convictions are rarely eligible for this type of relief. Expungement, as it’s commonly known in other states, is not offered for adult convictions in Nebraska.
In limited cases, an individual may petition the court for a set-aside of their conviction. This is available to individuals who’ve completed probation and met all sentencing requirements. However, a set-aside does not remove the DUI from your record. It simply adds a notation that the court acknowledges your completion of sentencing. The conviction itself remains visible and continues to appear on background checks.
For most Nebraska residents, this means a DUI conviction stays on the criminal record indefinitely. Because of this, it’s important to be aware of how even a single conviction can impact your future opportunities.
How Nebraska DUIs Affect Employment and Licensing
Many employers in Nebraska conduct routine criminal background checks as part of the hiring process. A DUI conviction—even one from several years ago—can raise concerns for potential employers, especially in jobs involving driving, public safety, or working with vulnerable populations.
Professional licensing boards may also take a DUI conviction into account when reviewing applications. Fields like healthcare, education, commercial driving, and law often require background clearance, and a DUI can complicate or delay the approval process.
However, Nebraska law does not prohibit individuals with a DUI from seeking employment or licensure. Each employer or agency evaluates the context of the conviction, the time elapsed, and whether the individual has had any subsequent offenses. That said, having a DUI on your criminal record can be a barrier that takes time and effort to overcome.
What to Know About Juvenile DUI Records in Nebraska
While most DUI offenses involve adults, some underage drivers may be charged under Nebraska’s Zero Tolerance Law, which applies to individuals under 21 who operate a vehicle with a BAC of 0.02% or more.
If a juvenile is convicted or adjudicated under this law, the records may be handled differently than adult cases. Nebraska offers more flexibility when it comes to sealing juvenile records, especially if the individual successfully completes probation or diversion programs.
Still, sealing is not automatic and must be petitioned for in court. It’s also important to understand that any repeat offenses as an adult may be viewed in context with earlier juvenile cases, depending on how those records were handled.
FAQ: Criminal Records and DUI in Nebraska
Is a DUI a misdemeanor or a felony in Nebraska?
A first or second DUI offense is usually a misdemeanor, while third or subsequent offenses may be charged as felonies, especially with prior convictions in the last 15 years.
Does a DUI go on my criminal record if I wasn’t convicted?
If charges were dismissed or you were found not guilty, the DUI should not appear as a conviction. However, the arrest or charge itself may still appear on some background checks unless sealed.
Can I get a job in Nebraska with a DUI on my record?
Yes, but it may be more difficult depending on the job and industry. Many employers consider the context, but a DUI can still be a barrier.
How long does a DUI stay on your criminal record in Nebraska?
Indefinitely. There is no automatic removal, and sealing is rare for DUI convictions.
Will a set-aside remove a DUI from my record?
No. A set-aside only shows that you completed your sentence. The DUI conviction remains on your record.
Do employers in Nebraska check criminal records?
Yes. Most do, especially for roles involving driving, security, or sensitive responsibilities.
Can juvenile DUI records be sealed?
Possibly. Nebraska offers options to seal juvenile records, but it requires a petition and court approval.
Conclusion
In Nebraska, a DUI is more than a traffic issue—it becomes a permanent entry on your criminal record, affecting background checks, job opportunities, and even professional licensing. Although Nebraska allows for set-aside motions, these do not remove the conviction and do not prevent it from appearing on most background checks. Understanding the difference between your criminal and driving records can help you navigate the long-term effects more clearly.
To explore the full impact of DUI records, visit the DUI Records And Long Term Impact page.
For more information on how long a DUI stays visible on your record, see the complete How Long a DUI Stays on Your Record guide.