Nebraska Criminal Records

An arrest or citation often marks a person's entry into the Nebraska criminal justice system. Subsequently, the individual, if detained in jail, may be released if no charges are filed, released on bond to appear on a scheduled date for their arraignment, or held in custody until their court hearing. The arrestee (now the defendant) may then attend a trial to ascertain their guilt or innocence and, if found guilty, the appropriate sentence. However, sentencing will occur immediately if the defendant pleads guilty before the court's verdict.

While a defendant experiences the Nebraska criminal justice process, certain records are being produced by criminal justice agencies, including arrest, court, detention, and conviction records. Collectively, these comprise an individual's criminal record, also called a rap sheet (record of arrest and prosecution). A person's rap sheet details their arrest and legal proceedings, including any prior criminal history.

Nebraska criminal records serve various purposes. They are valuable to law enforcement for investigation purposes, the judiciary for pretrial release considerations, and the prosecution for determining applicable charges. Additionally, residents utilize these records for background checks.

The Nebraska State Patrol is the central repository for criminal records in Nebraska.

Are Criminal Records Public in Nebraska?

Yes. Except for records explicitly designated as confidential by law or judicial order, most criminal records are considered public in Nebraska under the Public Records Law (Neb. Rev. Stat. § 84-712). Per the law, citizens and interested individuals have the legal authority to review or obtain copies of such records.

However, as § 84-712.05 outlines, restrictions are placed on the public's access to certain information or records. These limitations may arise from records being sealed, expunged, or otherwise restricted by a court order. In addition, some records contain sensitive information that can only be released to a subject of record or parties authorized to access the information. For example, criminal records pertaining to ongoing investigations and prosecutions may be restricted.

Nebraska Crime Records by County

Nebraska crime records are statistical reports that reveal crime trends and demographics within a region. The public accessibility of these records varies by county, with individuals able to obtain the reports online, in person at a police department or sheriff's office, or through mail requests.

For instance, at the state level, members of the public can access annual reports of crime activities dating back to 2017 on the Nebraska Crime Commission's (NCC) website. For example, the NCC's 2022 Crime in Nebraska issue is available online to interested parties who want to research the state's offense and arrest data.

Meanwhile, at the county level, local law enforcement maintains crime reports for their respective jurisdictions.

For example, the Douglas County Sheriff's Office, the most populous county in the state, collaborates with a private vendor to offer live crime statistics, providing the public access to weekly, monthly, and annual reports. In contrast, crime statistics for the City of Lincoln are exclusively available on Lancaster County's website. The city's police department also releases a monthly issue, such as the most recent January 2024 edition, which can be viewed on the department's website. Finally, law enforcement in Sarpy County publishes the Sarpy Information Management System crime map, a dataset of reported crimes within the county.

Nebraska Criminal Record Check

Individuals can request a Nebraska criminal record check (also called a criminal history record check) through the State Patrol. The agency provides name-based criminal history reports and fingerprint-based background checks. Generally, a name-based check can be done by any member of the public; however, a fingerprint-based check is only available to authorized persons.

A name-based criminal record check can be initiated online, in person, or via mail. Online requests require a $15.50 fee and are facilitated by an approved third-party vendor. Also, the requester must provide their full name, address, contact data, and specific details about the subject of the record, such as the subject's complete name, date of birth, sex, and race. Although social security and driver's license details can also be included, they are not mandatory. It is important to note that the fee for this service is non-refundable.

Residents choosing the in-person option must complete and submit a Criminal History Record Request form and the necessary fee at the Criminal Identification Division's physical address. Payments can be made by cashier's check, personal check, or money order. The mail submission process follows a similar procedure, except the form and payment are sent via mail instead of being submitted in person at the office.

In contrast, persons requesting a fingerprint-based criminal record check in Nebraska must provide the fingerprints of the subject of the record, payment, and authorization from the relevant agency. It is important to note that fresh fingerprints must be provided whenever an individual seeks to conduct this background check type. The fee for this service is contingent on the kind of record being requested and the specific agency initiating the request.

Note that the State Patrol only provides a fingerprint-based criminal record if it is mandated by state or federal law.

Find Criminal Records Online in Nebraska

As previously stated, individuals interested in accessing criminal records from the Nebraska State Patrol (NSP) can submit a request online through a third-party vendor. Furthermore, residents may view criminal court records through a court's online case management system. Some criminal record details may also be accessible on a police or sheriff's department website. Records available through local sources are typically summarized versions of the full record.

Free Criminal Record Search in Nebraska

Residents can access basic information in a criminal record from local law enforcement agencies in Nebraska at no cost. However, individuals must access the state's central storage for more detailed records, which requires a fee. The specific fee depends on the type of criminal check a person wishes to conduct.

In addition, some private aggregate sites offer free criminal record searches to visitors. However, obtaining comprehensive records may involve fees. Before accessing criminal records on a third-party site, it is important to review applicable terms, conditions, and associated fees.

What Does it Mean if You Have a Criminal Record in Nebraska?

A criminal record in Nebraska signifies that an individual once had contact with the justice system because of a crime. Possessing a criminal record has various ramifications, spanning general limitations on privileges to more specific consequences, such as social stigmatization. Often, the severity of these consequences is contingent on the gravity of the alleged or committed offense.

Individuals with criminal records in Nebraska may temporarily lose certain rights after completing their sentences. This may encompass ineligibility to serve on a jury or hold a public office. Moreover, former defendants may encounter challenges obtaining or retaining professional licenses, and certain employment opportunities may be unavailable to them. Additional challenges that criminal record holders may face include difficulties in securing employment, housing, credit, or loans, among other issues.

However, the Nebraska government implements specific provisions to mitigate some of these consequences. For instance, individuals who have completed their sentences may be able to apply for a set aside under certain circumstances. While obtaining a set aside does not erase a conviction from one's record, it can significantly improve employment prospects for the individual. Furthermore, the state has a work opportunity tax credit incentive, which benefits employers who hire individuals with criminal records post-release.

Does Your Criminal Record Clear After 7 Years in Nebraska?

No. Adult criminal records in Nebraska are permanent and cannot be erased in Nebraska. While records can be sealed, pardoned, or set aside, they are not entirely destroyed. Consequently, some records remain accessible to interested parties.

Arrest Record Vs Criminal Record

There is a common misconception that arrest records are synonymous with criminal records, but in reality, they are distinct documents. An arrest record contains information about a person's detainment, including the person's identity and the arrest circumstances. On the other hand, a criminal record encompasses a broader spectrum of information, incorporating a comprehensive history of a person's arrests, charges, and dispositions. Notwithstanding, inquirers can obtain information about arrests by requesting criminal records or criminal history background checks from the administrative office of the concerned law enforcement agency.

Nebraska Police Records

All police records in Nebraska are accessible to individuals at or through the respective police agencies. However, access may be restricted when any exemption specified in Neb. Rev. Stat. § 84-712 or another applicable law applies.

Nebraska police records provide details about law enforcement activities within the state, particularly those related to maintaining peace, security, and order. These records include warrants, arrest logs, call recordings, and incident reports.