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:
- State: Nebraska
Answer:
Records of juvenile offenses are generally required to be sealed when the adjudication is set aside. However, there is no statutory authority for expunging, or erasing, these records. In many states, expungement laws only mandate sealing the records.
According to Nebraska law (Neb. Rev. Stat. § 43-2,105), when a court sets aside the adjudication, it must also order that all related records be sealed. These sealed records are not available to the public unless a court orders otherwise for good cause. The court's order can include records from the court, law enforcement, county attorneys, and any relevant institutions or agencies.
To initiate this process, notice must be given to the county attorney and any affected parties at least ten days before the hearing. Failure to comply with the court's order may result in contempt of court. It's important to note that the separate juvenile court does not have the authority to expunge 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.