How Do I Expunge a Minor's Record in Nebraska?

Full question:

My daughter received an MIP in February 2009 and completed diversion in May 2009. Can we get the record expunged? And, how soon?

Category: Criminal
Subcategory: Expungement of Criminal Records
Date: 04/07/2025
State: Nebraska

Answer:

Records of juvenile offenses are required to be sealed according to statute when the adjudication is set aside. There is no statutory authority for expunging, or actually erasing, the records. In many states, expungment statutes actually only require sealing the records.

Please see the following NE statute:

43-2,105 Setting aside adjudication; records, sealed; notice of
hearing; violation; contempt.

When the court issues an order setting aside the adjudication under
section 43-247, the order shall also require that all records relevant
to the adjudication be sealed. Such records shall not be available to
the public except upon the order of the court for good cause shown.
The court order may include all records of the court, law enforcement
officers, county attorneys, or any institution, person, or agency
which may have such records. Notice of hearing to set aside the
adjudication and seal the records shall be given to the county
attorney and any person, agency, or institution that may be affected
by such order by delivering by hand or by mailing a copy of the
request by registered or certified mail, together with the order of
the court which states the time for hearing, to the last-known address
of such person, agency, or institution at least ten days before the
date for hearing. Any person who fails to comply with the order of the
court as provided for in section 43-2,104 or knowingly reveals
information covered by such order may be held in contempt of court,
except that this section does not prohibit law enforcement agencies
from maintaining data to assist law enforcement officers, county
attorneys, and sentencing judges in the investigation of crimes and
the prosecution and sentencing of criminal defendants.

Laws 1981, LB 346, § 61; Laws 1995, LB 371, § 18.

The separate juvenile court does not have statutory authority to
order expungement of a juvenile record. In re Interest of P.L.F.,
218 Neb. 68, 352 N.W.2d 183 (1984).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does a misdemeanor show up on a background check?

Yes, a misdemeanor can show up on a background check. Most background checks include criminal records, which typically consist of both felonies and misdemeanors. However, the visibility of a misdemeanor may depend on the type of background check being conducted and the laws of the state. In some cases, if a misdemeanor has been expunged or sealed, it may not appear on a background check. Always check local laws for specifics.

How long does it take for a misdemeanor to fall off?

In many states, misdemeanors do not automatically fall off your record after a certain period. Instead, you may need to apply for expungement or sealing of the record. The time frame for this process can vary widely, often taking several months to over a year, depending on the state and the specifics of the case. Always consult your state's laws for the most accurate information.

How do you get your MIP expunged?

To expunge a Minor in Possession (MIP) charge, you typically need to complete any court-ordered programs, such as diversion, and then file a petition with the court to seal the records. The process may require notifying the county attorney and affected parties before the hearing. It's important to check your state's specific laws regarding expungement, as some states may only allow sealing rather than full expungement.

What is the new expungement law in Maryland?

Maryland's new expungement law allows individuals to have certain criminal records expunged after a waiting period, which varies depending on the charge. For many misdemeanors, you may be eligible for expungement three years after the sentence is completed. The law aims to make it easier for individuals to clear their records, but specific eligibility requirements must be met. Always consult an attorney or local resources for the most current information.

How long does a misdemeanor stay on your record in the USA?

In the USA, a misdemeanor can stay on your record indefinitely unless you take action to have it expunged or sealed. The duration before it may be eligible for expungement varies by state, with some allowing it after a few years while others may require a longer waiting period. Always check your state's laws for specific timelines and procedures.

What states automatically expunge juvenile records?

Some states automatically expunge juvenile records when the individual reaches adulthood or after a certain period without further offenses. States like California and Texas have provisions for automatic sealing or expungement of juvenile records. However, the specifics can vary significantly, so it's essential to consult your state's laws for detailed information on automatic expungement.