Nebraska Public Records

Nebraska public records are documents or information created or received by a government agency in the discharge of its official duties. These records are generally open to the public for inspection and copying unless specifically sealed or exempt by Nebraska law or statute.

Record custodians are obligated by law to swiftly fulfill a public records request by any member of the general public. If a record custodian wrongfully denies a requester access to a public record, the requester may file a lawsuit at a District Court or petition the Attorney General to review the matter.

Are Nebraska Records Public?

Yes. Per Nebraska's Public Records Law, all official documents and records created or maintained by government entities in Nebraska are accessible to the general public. To exercise this right, inquirers must submit a Public Records request to the custodian of the record. However, record custodians are permitted to withhold certain records from public access. These records are outlined in NRS 84-712.05, and some of them are:

Unpublished academic and scientific research;
Personal medical information, except for birth and death records;
Personal information of sexual assault or sex trafficking victims;
Social security numbers, credit card numbers, debit card numbers, and financial account numbers;
Trade secrets and proprietary information which could give an unfair advantage to competitors if disclosed;
Job application documents submitted by applicants who were not employed or priority candidates for a position;
Records containing government officials' personal information, except for salaries and routine directory information;
Records created by an attorney or public body in preparation for litigation, labor negotiations, or claims involving the public body;
Appraisals, appraisal information, and negotiation records related to real estate purchases or sales by public bodies while a negotiation is ongoing;
Information about firearm registration, possession, sale, or use in the custody of any government entity for legal purposes, such as applications, permits, or licenses. This information is only available to law enforcement agencies upon request.

Nebraska Public Records Act

The Nebraska Public Records Act was enacted in 1866 and is outlined in Neb. Rev. Stat. §§ 84-712 through 84-712.09 of the Nebraska Revised Statutes. The statute aims to ensure that government records are open to the public. The law was amended in 1961 and 2000 to give citizens and interested persons the right to retrieve copies of public records.

Per NRS 84-712.01, all records and documents belonging to the state, its municipalities, or agencies are classified as public records regardless of physical form. This includes records from counties, cities, villages, tax-supported districts, government departments, branches, boards, bureaus, commissions, councils, or committees. The law also states that official documents and data that are public in their original form will remain a public record when maintained in digital files. Examples of public records that are accessible to members of the public include:

Arrest records
Court records and case information
Criminal history records
Sex offender information
Inmate records
Bankruptcy records
Property records

How Do I Find Public Records in Nebraska?

The Nebraska Public Records Law mandates all state agencies to make public records in their custody available for inspection and copying. However, inquirers must submit an official request to the agency in charge of the record. By following the steps below, individuals can easily access public records in Nebraska:

Identify the desired record and its custodian.

To access public records in Nebraska, requesters must first identify the specific type of record that contains the required information and the government agency in charge of the record.

For example, inmate, arrest records, and sex offender records are maintained by the Nebraska Department of Correctional Services and local law enforcement officials. The Court clerk manages court records at the courthouse where the case was heard. Property records are in the custody of the county property assessors.

Verify record availability

Following the identification of the record custodian, requesters can contact the office by phone, mail, or in person to verify the availability of the desired records. Contact details of record custodians are readily available on the websites of state and local government agencies.

Submit a public records request

Inquirers can submit a public records request online, by mail, email, or by visiting the custodian's office in person. Specific procedures for requesting records differ between agencies, so it is best to confirm agency-specific guidelines before submitting a request.

When requesting a public record, individuals must give the record custodian a clear description of the desired record, either in writing or verbally. However, some agencies have downloadable request forms that inquirers can submit to the custodian's office. The request form typically collects information about the requester, such as name and contact details, as well as specific information about the desired record, like a case number, page or docket number, filing date, and the location/district or city where it was created. The Nebraska Revised Statutes permits record custodians to charge a fee for copies, but the amount cannot exceed the actual cost of producing them.

Find Nebraska Public Records Free

There are different avenues for viewing public records for free in Nebraska. Most district courthouses have public access terminals that allow users to view court records for free. Individuals are only charged a nominal fee if they request copies of these records.

Some government agencies allow individuals to access public records for free through their online portals. For example, The Nebraska Department of Correctional Services has an Inmate Information Locator and Sex Offender Registry through which any member of the public can access inmate and sex offender records for free.

What Happens if I Am Refused a Public Records Request?

If a member of the public is refused a public records request, they will be duly notified by the government agency and provided with the following information:

A written statement disclosing the specific reasons why all or part of the request was denied. The statement would include citations to the particular statutes and subsections that approve such denial.
The name of the public official who denied the request.
Notification of any judicial or administrative right of review to appeal the decision.

All government agencies must maintain a file containing letters of denial of requests. This file is available for inspection and copying at the request of any member of the public. Per NRS 84-712.03, an individual denied access to public records may elect to do one of the following:

File a writ of mandamus in a district court against the public officer with custody of the record.
Petition the Attorney General to review the denial and determine if the record may be withheld from public disclosure or whether the public officer failed to comply with the Public Records Statutes.

The requester can also petition to determine if the estimated fees charged by the record custodian are in line with the provisions of the Nebraska Public Records Law. The Attorney General is required to decide on the matter within 15 calendar days of receiving the petition. If the Attorney General determines the record was wrongly withheld, the record custodian shall be ordered to comply with the public record request immediately.

How Long Does It Take to Obtain a Nebraska Public Record?

Record custodians must respond to a public records request within 4 business days of receiving the same. The response must contain an estimate of the expected cost of the copies and one of the following:

Copies of the record requested.
A written denial of the request and the information specified in NRS § 84‑712.04.
A written explanation of why the request can not be fulfilled in 4 business days. This notification must include the earliest practicable date for fulfilling the request, an estimate of the expected fees, and an opportunity for the requester to modify or prioritize the requested record(s).

Upon receiving any of the above notifications, the requester has 10 business days to review the estimated fees and ask the custodian to fulfill the original request. The requester can also ask to simplify, modify, or withdraw the request. If the requester does not respond within 10 business days, the record custodian shall not proceed to fulfill the request. Note that the initial 4 business days are counted by excluding the day the custodian receives the request. A business day does not include weekends and other days when the custodian's office is closed.