Nebraska Criminal Records

Nebraska Criminal Records are government documents that reflect a person's criminal history. These records include information about the person's arrests, criminal history, indictments, and time spent in jail.

According to the state's Public Records Law, criminal records in Nebraska are open to the public. The Investigative Services Division (ISD) of the Nebraska State Patrol (NSP) compiles state public criminal records.

In Nebraska, a criminal record has the following details:

• Subject's personal information (name, date of birth, and race or ethnicity)
• Any aliases
• Mugshot
• Fingerprints
• Driver's license number
• Physical identifiers and descriptors
• Current and previous addresses
• Information about arrests and open warrants
• History of convictions and pending decisions
• Sex offender status

If you committed a crime in Nebraska and want to know what's on your criminal record, here are the most common offenses:

Felonies

Like all other states, Nebraska sorted its criminal records by how serious they were. The state has ten levels of felony records, split into four groups. Class I felonies are the most serious, while class IV felonies are the least severe.

Class I Felonies

Class I felonies are subdivided into four categories in Nebraska, and these are:

Class I Felony

This type of felony carries a punishment of the death penalty. The only crime included in this class is first-degree murder.

Class IA Felonies

First-degree murder and kidnapping are examples of this type of felony. This felony carries a sentence of 40 years to life without parole.

Class IB Felonies

This felony can get you at least 20 years and up to life imprisonment. Class IB felonies include drug crimes, second-degree murder, and child sexual assault.

Class IC Felonies

Drug crimes that involve a gun or a lot of heroin or cocaine are examples of Class IC felonies. This type of felony carries a punishment of five and up to 50 years in jail.

Class ID felonies

This felony carries three to 50 years imprisonment. Examples include certain drug crimes, hate crimes, and assault and sexual assault of vulnerable victims.

Class II Felonies

Here's how Nebraska separates Class II felony records:

Class II Felonies

Class II felonies carry a punishment of one year and up to 50 years of jail time. Hate crimes, violence, and sexual assault constitute Class II felonies.

Class IIA Felonies

This type of felony includes manslaughter, repeated domestic violence, breaking, and stealing more than $5,000. If you commit this felony, you could go to prison for up to 20 years.

Class III Felonies

Nebraska categorizes Class III felony records into two, and these are:

Class III Felonies

Some examples of Class III felonies are forgery, fraud, and crimes against livestock. It carries a maximum conviction of four years in jail, plus nine months to two years of supervision after release.

Class IIIA felonies

This kind of felony can get you up to three years in prison and nine to 18 months of supervision after you get out. Examples include strangulation, animal cruelty, and reckless driving homicide.

Class IV Felonies

The last category of felony records in Nebraska is the Class IV felonies. It can get you up to two years in prison and one year of supervision after your release. Examples include misappropriation of funds, stalking, abortion violations, and persistent theft.

How long do felony records stay on your record? In Nebraska, felony records remain for the rest of your life. However, you can petition a pardon for this kind of record after ten years.          

Misdemeanor

Misdemeanors in Nebraska are non-indictable crimes with less than a year in jail. Just like other states, Nebraska divides its misdemeanors into seven groups. It includes misdemeanors from Classes I, II, III, IIIA, IV, V, and W.

Class I Misdemeanors

The worst punishment for this misdemeanor is a year in jail and a $1,000 fine. Some examples of this crime are impersonation and third-degree assault.

Class II Misdemeanors

Second-degree trespassing and hazing are examples of crimes in this class. Class II misdemeanors have a maximum penalty of six months in jail and a $1,000 fine.

Class III Misdemeanors

This misdemeanor carries a maximum sentence of three months in jail and a $500 fine. Littering is an example of offense in this class.

Class IIIA Misdemeanors

For this kind of misdemeanor, you could spend up to seven days in jail and pay a $500 fine.

Class IV Misdemeanors

Some crimes related to gambling are examples of crimes in this class. By committing this crime, you could pay a fine of up to $500.

Class V Misdemeanors

This type of misdemeanor carries a maximum fine of $100. It includes crimes like selling smoking products to people under 18.

Class W Misdemeanors

DUI offenses are Class W misdemeanors, which can get you 60 days to a year in jail at most.

How long does Nebraska keep records of a misdemeanor? Misdemeanor records will stay in your history for the rest of your life. Nebraska law forbids expunging misdemeanor records. However, you can petition for a pardon or set aside.

Criminal Driving Violations

In Nebraska, criminal driving violation records involve property damage, physical harm, death, or other aggravating factors. The criminal court handles this type of offense, and a guilty judgment can result in a driver losing their license and paying hefty fines.

Here are the most common criminal traffic violation records in Nebraska:

Felony Traffic Violations

In Nebraska, felony traffic violations are crimes committed with aggression, carelessness, or purpose. As a result, they often cause death or property damage.

Some examples of felony traffic in Nebraska are:

• DWI or DUI
• Hit and run

If you are guilty of a traffic felony, these things are likely to happen:

• You will permanently lose your driver's license or will get suspended
• Your insurance premiums will rise
• Your vehicle will be impounded or towed
• Incarceration

Nebraska Traffic Misdemeanors

Traffic misdemeanors in Nebraska can get you up to a year in jail, a fine, or both. The state divides its traffic misdemeanors into three categories which are:

• Class III misdemeanors (3 months in jail or a $500 fine)
• Class II misdemeanors (6 months in prison or a $1,000 fine)
• Class I misdemeanors (a year in jail, a $1,000 fine, or both)

In Nebraska, if someone is found guilty of a criminal traffic violation, it will remain on their record unless they are pardoned or set aside.

Sexual Offenses

Nebraska offers distinct sexual assault degrees dependent on the child's and the defendant's ages. In most jurisdictions, the victim's age is the factor in statutory rape cases; however, in Nebraska, the defendant's age is the determinative factor.

The following are the most common type of statutory rape in Nebraska:

First-degree Sexual Assault of a Child

The most severe type of statutory rape is the sexual assault of a child in the first degree. It is a Class IB felony, which can get you at least 15 years in prison and up to life.

An individual commits this sexual offense in Nebraska if:

• The defendant is 19 or older and exposed a child under 12 to sexual penetration.
• The defendant is 25 or older and sexually penetrated a child aged between 12 to 16.

First-degree Sexual Assault

Even though sexual assault in the first degree is still a severe offense, it is punished less harshly than the sexual assault of a child in the first degree.

When an adult between 19 to 25 sexually penetrates a child between the ages of 12 to 16, they have committed first-degree sexual assault. It is a class II felony, meaning they could go to prison for one to fifty years if convicted.

In Nebraska, people who have been found guilty of sexual penetration or other sexual acts with minors must sign up as sex offenders for 25 years, and some have to do it for life.

Local law enforcement agencies are primarily in charge of sex offender lists, but the NSP also keeps a central registry of all convicted sex offenders in Nebraska. You can search the database by the suspected criminal's name or address if interested.

Nebraska has no statutes that permit the complete expungement of criminal records; thus, any conviction, arrest, or law enforcement contact will remain on your record permanently. However, the state does provide for pardons and set-aside criminal records.

What Is a Pardon in Nebraska?

A pardon is an official forgiveness awarded by the Board of Pardons (BOP). When you apply for a pardon, the Board expects you to have a significant time of law-abiding behavior before they will seriously examine your case.

In cases of treason or impeachment, the BOP cannot give a pardon. You can ask for a conviction for a felony or a misdemeanor; however, there is usually a waiting period.

Pardon Process in Nebraska

In Nebraska, there are no fees to fill out an application for a pardon. BOP has conveniently offered a pardon application form on its website that you must utilize, or they will reject your application.

Here are the five most important steps in filing a pardon in Nebraska:

• Submit at least three letters from people who can prove your good character.
• Submit a letter from the court clerk asserting you've paid all fines, expenses, and restitutions.
• Mail your signed, dated, and completed application to BOP. Ensure that you save copies of anything you send.
• Once the Board gets your application, it will do an investigation. If they approve your application and decide it needs a hearing, it will schedule one.
• For a pardon, a majority of the Board must vote for you. If they reject your request, you may reapply in two years unless they enable you to reapply sooner.

What Is a Set-aside in Nebraska?

A set-aside is an order from the judge who sentenced you in a criminal case that makes the conviction invalid. If you want to petition for a set-aside, many courts have local rules that may apply. Not following local rules may affect your request's outcome.

In requesting a set-aside in Nebraska, these are the most common type of information needed:

• Offense date
• The existing accusation
• The result of the criminal case
• Your sentence (jail, probation, fines)
• Your sentence completion

Nebraska Inmate Records are official papers referring to those confined in correctional facilities throughout the state.

The Nebraska Department of Correctional Services (NDCS) is in charge of keeping most inmate records in the state. If you are interested, you can execute an inmate lookup on the NDCS website, which is a searchable database.

This database can offer you both general and inmate-specific information, such as an inmate's personal information and criminal charges, as well as the inmate's detention date and possible release date.

When you access Nebraska Inmate Records, you can find the following information:

• Inmate's personal information (name, birth date, race/nationality, and gender)
• Any aliases
• DOC ID
• Weight and Height
• Booking photo
• Placed in charge
• Sentence summary

Nebraska Arrest Records give information about people in the state who have been arrested and detained after being accused of a crime. These records detail the nature of the offense, police interrogation, criminal charges, and future court arrangements after an arrest.

In Nebraska, a magistrate or judge issues an arrest warrant. As a necessary part of a criminal prosecution, arrest warrants give the police authority over a specific defendant.

In the booking process, the arresting officer documents an arrestee's details. The documentation includes physical information, personal information, crime information, arrest information, and information on how the police interrogated the person.

The CID keeps accurate and up-to-date records of everyone arrested in Nebraska. If you want to look at arrest records, you can go to your local police station or ask the CID personally by mailing a written request or filling out an online form.

Usually, you need to pay a small fee for the arrest records. Those qualified for a fee waiver may still access free arrest records.

Once you obtain a copy of a Nebraska Arrest Record, it will show you the following information:

• Arrestee's personal information (full name, sex, age, race, and birthplace)
• Fingerprints
• Height and Weight
• Social security number
• Booking number
• Date and time of the booking
• Type of arrest and where it happened
• Arresting agency
• The location of the detention facility

In Nebraska, employers and third parties seek access to criminal records when conducting a background check on individuals.

The CID puts Nebraska Criminal Records in online databases and archives that anyone can use. If you are interested, you can conduct a criminal history search in Nebraska in three ways: online, by mail, or in person.

If you want to look for criminal records online, you can use the NSP online criminal background check website. When requesting, give basic details on yourself and the subject and pay $15.50.

Those who want to apply in person or by mail can attach $12.50, fill out a criminal record request form, and bring or mail it to the CID office.