When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime.

Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged. For example, under federal law only a person who is guilty of a minor drug offense under the Controlled Substances Act (21 U.S.C. §844) may have their record expunged. See 18 U.S.C. §3607(c).

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Nebraska, expungement of a criminal record means the record is permanently destroyed or deleted, making it inaccessible for background checks or by any agencies. However, expungement is not commonly granted for criminal convictions. It is typically limited to cases where a person was arrested but not charged, charges were dismissed, or the individual was acquitted. Nebraska law does allow for the setting aside of certain convictions, which can relieve an individual of some of the disabilities attached to a conviction, but the record itself is not destroyed. For juveniles, Nebraska allows for the sealing of juvenile records, which restricts who can see the record but does not destroy it. The eligibility for expungement or sealing of records in Nebraska depends on various factors, including the nature of the offense, the outcome of the case, and the completion of any court-mandated programs. It's important to consult with an attorney to understand the specific criteria and process for seeking expungement or sealing of records in Nebraska.