This is the most critical distinction in Nebraska record law. A set-aside under § 29-2264 makes the conviction legally void — it can no longer be used as a predicate offense in most circumstances and some civil rights are restored. However, the record remains fully public. Anyone running a background check will still see the conviction, with a notation that it was "set aside." Expungement (true removal from public access) is only available through the pardon pathway — get a pardon, then petition the court to seal the record. Without a pardon, there is no way to hide a conviction from public background checks in Nebraska.

If your case was dismissed or you were acquitted after December 31, 2016, the record is sealed automatically under Nebraska law — no petition needed. For pre-2017 cases, or for arrests where charges were filed but later dismissed before that date, you may need to file a Motion to Seal (Form CC-6-12a) with the court. For charges never filed by the prosecutor, the arrest drops off the public record after 1 year automatically. For completed diversion programs, the timeline is 2 years. Keep in mind that private background check databases may still have the old information — dispute anything that appears.

Nebraska authorized deferred judgments in 2019 under § 29-2292. Upon a finding of guilt, a defendant can request the court defer the entry of judgment of conviction. You must be eligible for probation, and DUI and domestic violence offenses are excluded. The prosecutor must consent. After satisfactorily completing probation and paying or having fees waived, you can withdraw your guilty plea and have the case dismissed. After dismissal, the § 29-3523 non-conviction sealing timelines apply. This must be arranged at sentencing — you cannot go back after a conviction has been entered.

Nebraska's only pathway to seal an actual conviction record is through a pardon. First, apply to the Nebraska Board of Pardons — the Board of Pardons consists of the Governor, Attorney General, and Secretary of State. The Board holds open hearings six times per year, and the process from application to decision can take several months to several years. If a pardon is granted, you then file a motion with the sentencing court under § 29-3523(5) to seal the records. Upon finding that you received a pardon, the court shall grant the motion. This pathway is real but slow and discretionary — no guarantee of pardon.

Yes — even if you cannot seal your conviction, Nebraska's 2018 Occupational Board Reform Act significantly limits how licensing boards can use criminal history. The Act established a state policy protecting the right to pursue a lawful occupation. Boards cannot categorically deny licenses based on conviction history without evaluating whether the conviction is directly related to the duties of the occupation. A 2024 expansion further strengthened these protections. If you are being denied an occupational license because of a conviction, consult an attorney about your rights under this law.