Nebraska Arrest Records

A Nebraska arrest record is a document that provides an official account of an individual's detention following their apprehension on suspicion of a crime. These records are first generated when a law enforcement officer submits a report regarding the arrest. Subsequently, details like the prescribed bail and any consequent judicial proceedings are documented by law enforcement agencies and included in the record. Along with details of the crime and the site of execution, the following information is typically featured in a Nebraska arrest record:

• The detainee's mugshot
• Data/booking number
• Admission date
• Custody status
• Sex, age, and race
• Height and weight
• Charge description
• Bail amount
• Arresting agency
• Court date
• Arrest location, date and time
• Outstanding warrant information

Are Arrest Records Public in Nebraska?

Yes. The Nebraska Public Records Act empowers all citizens to examine arrest records maintained by local and state law enforcement agencies. However, the provisions of the Act are not absolute. Record custodians are required to exempt sensitive information from public disclosure. Such confidential arrest records can only be accessed by a select few. Per Nebraska Revised Statute § 84-712.05 and 29-3523, under the following circumstances, arrest records become confidential:

• They contain information about a juvenile's arrest;
• Arrests where no charges become confidential after a year from the date of the arrest;
• Arrest records containing charges sent to diversion will become confidential 2 years after the arrest;
• Arrest records containing charges that were dismissed or acquitted;
• Minor traffic violations and crimes where the arrested person was issued a citation.

How Do I Look Up Arrest Records in Nebraska?

There are various arrest record lookup options in Nebraska. These options are as follows:

**Local Law Enforcement Agencies: **Individuals can find arrest records at various local government agencies in Nebraska like:

• County Department of Corrections: In Nebraska, most counties have a Department of Corrections which oversees the prosecution of criminals in the jurisdiction. These departments provide online resources that can be used to retrieve arrest information for free. These resources/portals have different names depending on the county. For example, it is called Inmate Locator in Douglas County, Current Bookings in Sarpy County, and Current Inmate List in Hall County. Inquirers may also visit any County Department of Corrections Office to request arrest records in person. Whatever the case, the arrestee's name or booking number will be required to process the request.
• Sheriff's Offices/Departments: These Offices/Departments provide arrest information to private companies, public entities, and individual citizens when they submit a request for criminal history information. Requests are typically made by mail or in person, and inquirers are typically required to pay a small fee of $10 or less, depending on the county. In the Lancaster County Sheriff's Office, inquirers can make requests for arrest records by submitting a Criminal History Request Form.
• City Police Departments: Some City Police Departments allow requesters to retrieve arrest records by submitting a Criminal History Request (some cities call it Background Check) forms online, by mail, or in person. For example, requesters can look up arrest records by submitting a Criminal History Request online on the City of Lincoln Police Department website.

**Nebraska State Patrol: **Inquirers may find complete statewide arrest records at the Nebraska State Patrol's Office. The State Patrol provides a Record of Arrest and Prosecution (RAP sheet) that includes Nebraska arrests, where the individual was fingerprinted, and the resulting dispositions. A Nebraska criminal history request can be submitted:

• Online: A criminal history request submission can be made online for a fee of $15.50, payable by credit or debit card.
• In-person: Requesters can visit the Criminal Identification Division office to request arrest records. The requester must pay the necessary fees by cashier's check, personal check, or money order.
• By mail: Submit a completed Criminal History Record Request form alongside the necessary fees to the Criminal Identification Division at the following address:

Nebraska State Patrol

Criminal Identification Division

PO Box 94907

Lincoln, NE 68509-4907

The Federal Bureau of Investigation (FBI): The FBI provides record holders with an Identity History Summary (criminal history or rap sheet) containing arrest information. There are three methods of requesting an Identity History Summary from the FBI:

• Online: This is the most convenient method of submitting an Identity History Summary. An email is required to initiate the search.
• By mail: The subject of the record may obtain a copy of an Identity History Summary by submitting a written request to the FBI CJIS Division. The request must be accompanied by an ID and a certified check or money order of $18 per person. All mail requests should be sent to:

FBI CJIS Division – Summary Request

1000 Custer Hollow Road

Clarksburg, WV 26306

• Through an FBI-approved channel: Record subjects may also submit a request through an FBI-approved channeler. An additional fee applies for such submission.

Free Arrest Record Search in Nebraska

Many Nebraska local and state law enforcement agencies have public portals on their official websites that can be used to find arrest records for the jurisdiction. These portals are free to access, provided the requesters know the arrestee's first or last name. Some agencies have a page on their websites where individuals can find information on individuals arrested or booked within 24 hours. Access to this arrestee's list is free.

How Long Do Arrests Stay on Your Record in Nebraska?

Most arrest information stays on a person's records for life because Nebraska has no statutory provision for expungement except if the arrest was due to a law enforcement error (Neb. Rev. Stat. § 29-3523(9). However, Neb. Rev. Stat. § 29-3523(3) sets forth the time frames that some arrest information can stay on a person's record:

• Arrests where no charges are filed due to the determination of the prosecuting attorney are removed from a person's records after one year from the arrest date;
• Arrests for which charges are not filed due to a completed diversion are removed from a person's records after two years of the arrest date;
• Arrests for which charges are filed but dismissed are removed from a person's record three years after the date of arrest.

How to Seal Arrest Record in Nebraska

Nebraska law permits the sealing of arrest records and offers several options for doing so depending on the charges and convictions (Neb. Rev. Stat. § 29-3523, 29-3005, and 29-2264). When an arrest record is sealed, all events surrounding the record are considered to have never existed and are not available to the public. Sealed arrest records are only open to the record holder, someone the record holder allows, and criminal justice agencies. To have an adult record sealed, the charges must fall into one of the following categories:

• Conviction-less charges
• Survivors of sex trafficking
• Convictions that have been pardoned

Individuals who want to seal an adult arrest record must file a Motion to Seal an Adult Criminal Record (CC 6:12) to the court where the case was handled. This Form can be filed through an attorney or by the record holder in person, by mail, or by fax. A notification regarding the motion to seal will be sent to the county or city attorney. A hearing will be held, and the judge can deny or accept the motion. If the judge accepts the motion, the court will update their computer, and the record will be sealed a few days after the hearing.

In Nebraska, juvenile arrest records are automatically sealed from public view (Neb. Rev. Stat. § 43-2,108.03). Such records are only open to the record holder, someone the record holder permits, DHHS, Law enforcement agencies, judges, county and city attorney offices, and probation officers. In certain circumstances, juvenile arrest records do not qualify to be automatically sealed. In such instances, the record holder can ask the court to seal their juvenile arrest records when they become adults, or they may make the request six months after the case is closed. Youths who want to seal their arrest records can file a Motion to Seal Records (Juvenile) if their case was heard in a Juvenile Court, while those whose case was filed in a County Court can file a Motion to Seal Records (County Court) to seal their arrest records. All motions should be filed at the court where the case was heard. The court will consider if the youth has been rehabilitated satisfactorily when reviewing the request to seal the record. If the court denies the request for rehabilitation reasons, the youth can make the request again after waiting a year.