Nebraska Criminal Records
Nebraska Criminal Records, also called rap sheets, provide a comprehensive account of an individual's criminal history, documenting their interactions with law enforcement authorities and the judicial system. The information in these records is collected from different sources, including law enforcement agencies, courts, and correctional facilities in Nebraska.
Criminal records are the most detailed among the various types of police records. A standard Nebraska Criminal Record typically includes the offender's personal information, such as their full name, date of birth, and address.
Additionally, they provide detailed accounts of specific criminal offenses committed by the individual, the date and location of the incidents, and the corresponding legal actions taken, such as arrests, charges, and convictions.
These records may also include information about court appearances, probation or parole status, and subsequent interactions with the criminal justice system.
The availability of criminal records in Nebraska serves several essential purposes.
Firstly, employers, landlords, and other entities can make informed decisions about hiring, renting property, or engaging in professional collaborations by conducting a background check. Certain professions, such as those in healthcare or childcare, require individuals to undergo background checks to obtain licenses.
Secondly, individuals can utilize this information to assess potential risks when entering intimate relationships, such as dating or forming friendships.
Lastly, the public availability of these records promotes accountability and transparency within the justice system. It allows individuals to scrutinize the proceedings and outcomes of criminal cases.
The accessibility of criminal records in the state is made possible by the Nebraska Public Records Law. It ensures that the rap sheets are available for inspection, examination, and copying by any interested individual or entity.
What Are the Types of Crimes in Nebraska?
In examining the legal landscape of Nebraska, it becomes essential to understand the various types of crimes that can occur within the state. From misdemeanors to felonies, Nebraska's criminal justice system encompasses many offenses.
If an individual has committed a crime in Nebraska and wishes to discover the contents of their criminal record, the following list outlines the most prevalent offenses.
Like other states, Nebraska organizes its criminal records based on severity. The state classifies felony offenses into four groups, encompassing ten levels. At the apex of the hierarchy are Class I felonies, representing the most severe offenses. On the other end of the spectrum, Class IV felonies are the least brutal within this categorization system.
Class I Felony
A Class I felony in Nebraska is the most severe classification of a felony offense in the state. First-degree murder is the only crime under this category with the possibility of the death penalty.
Class IA Felonies
Nebraska Class IA felonies are severe offenses with a minimum sentence of 40 years in prison, with the possibility of a life sentence without parole. Crimes such as first-degree murder and kidnapping fall under this classification.
Class IB Felonies
Class IB felonies in Nebraska can result in a minimum prison sentence of 20 years, extending to life imprisonment. This category of offenses includes various crimes, such as second-degree murder, certain child sexual assault offenses, and large quantity methamphetamine-related crimes.
Class IC Felonies
Nebraska Class IC felonies have a 5 to 50 prison penalty. These felonies encompass specific drug-related offenses involving possessing a firearm or large quantities of cocaine or heroin.
Class ID Felonies
If someone has these felony records on their Nebraska Criminal Records, they may face a mandatory minimum prison term of three years, which can go up to a maximum of 50 years. Notable examples of these felonies include certain drug-related offenses, assault, sexual assault against vulnerable victims, and hate crimes.
Class II Felonies
Serious offenses, including arson, robbery, human trafficking, and child abuse, fall under Class II felonies in Nebraska. Individuals may face imprisonment ranging from one year to 50 years if convicted of these crimes.
Class IIA Felonies
Class IIA felonies in Nebraska carry a maximum penalty of 20 years in prison. These felonies include manslaughter, burglary, more than $5,000 theft, and repeat domestic assault.
Class III Felonies
In Nebraska, Class III felonies come with a maximum penalty of four years in prison and an additional period of post-release supervision ranging from nine months to two years. This category of felonies includes a variety of offenses, such as forgery and fraud offenses, livestock- crimes, and computer-related crimes.
Class IIIA Felonies
Committing crimes classified as Class IIIA felonies in Nebraska can result in imprisonment for up to three years, with extra post-release supervision ranging from nine to 18 months. Examples of offenses under this category include reckless vehicular homicide, assault by strangulation, and cruel mistreatment of animals.
Class IV Felonies
Class IV felonies in Nebraska are subject to a maximum imprisonment of two years and one-year post-release supervision. This category encompasses various offenses such as stalking, specified lottery offenses, abortion violations, misappropriation of funds, and certain repeat theft offenses.
In Nebraska, misdemeanors are criminal offenses that are less serious than felonies. The state categorizes misdemeanors into seven classes based on their severity. Among these classes, Class I and W misdemeanors are the most serious, while Class IV and V misdemeanors are the least severe and do not carry the possibility of jail time.
Class I Misdemeanors
The most severe punishment for Class I misdemeanors in Nebraska is a maximum jail term of one year, accompanied by a $1,000 fine. Examples of offenses falling under this category include impersonation and third-degree assault.
Class II Misdemeanors
In Nebraska, Class II misdemeanors include second-degree trespassing and hazing. Offenders convicted of Class II misdemeanors may face a $1,000 fine and a six-month jail term.
Class III Misdemeanors
Crimes under Class III misdemeanors in Nebraska have a fine of up to $500 and a maximum sentence of three months in jail. An example of an offense falling within this category is littering.
Class IIIA Misdemeanors
Class IIIA misdemeanors in Nebraska, which include possession crimes, have a fine of up to $500 and a maximum jail term of seven days.
Class IV Misdemeanors
Class IV misdemeanors in Nebraska encompass various offenses, including certain gambling-related crimes. Engaging in such activities can result in legal consequences, including a maximum fine of up to $500.
Class V Misdemeanors
Crimes under this misdemeanor in Nebraska carry a maximum fine of $100. It encompasses offenses such as selling smoking products to individuals under 18.
Class W Misdemeanors
DUI (driving under the influence) offenses in Nebraska are classified as Class W misdemeanors. A conviction of a DUI offense can lead to a jail sentence ranging from 60 days to a maximum of one year.
How Does Probation Work in Nebraska?
Probation in Nebraska is a legal alternative to imprisonment, designed to rehabilitate and reintegrate offenders into society. Individuals convicted of a crime may be subject to probation instead of serving time in jail or prison.
The Office of Probation Administration, operating under the Nebraska Supreme Court and the Administrative Office of the Courts and Probation, is responsible for probation in Nebraska.
Once a court determines that probation is an appropriate sentence, the person is placed under the supervision of a probation officer. The length of probation in Nebraska varies depending on the offense and the court's decision. Typically, probation terms can range from six months to several years.
Nebraska imposes both standard and specific conditions on individuals placed on probation.
Standard conditions apply to all probationers, including regular reporting to the probation officer, obtaining and maintaining employment, refraining from criminal activity, and submitting to drug and alcohol testing. Other standard conditions may involve attending counseling or treatment programs, completing community service, or paying restitution to victims.
In addition to the standard conditions, specific conditions may be tailored to address the individual's needs or the unique circumstances of the offense. These conditions may include attending anger management classes, participating in a treatment program, or complying with restraining orders.
If a probationer fails to comply with the terms set by the court, the probation officer may file a violation report. The court then reviews the report and may choose to modify the conditions, extend the length of probation, or, in more severe cases, revoke probation and impose a prison sentence based on the individual's prior Nebraska Criminal Records.
How Does Parole Work in Nebraska?
Parole in Nebraska is a system designed to grant early release to individuals incarcerated, allowing them to serve the remaining part of their sentence in the community under supervision. The Nebraska Board of Parole (NBP) is responsible for making parole decisions and overseeing parolees in the state.
To be eligible for parole in Nebraska, an individual must meet certain criteria. These criteria include serving a portion of their sentence, demonstrating good behavior and compliance with prison rules, and completing required programming or treatment.
The specific length of time an individual must serve before becoming eligible for parole varies depending on the offense committed and the individual's criminal history.
But in general, parole eligibility shall be granted to all convicted offenders once they have completed half of the minimum sentence as stipulated in Nebraska Revised Statute (NRS) sections 83-1,107 and 83-1,108.
Once granted to an individual, they are released from prison and are subject to certain conditions and supervision.
Common parole conditions in Nebraska may include regular meetings with a parole officer, maintaining employment or participating in educational programs, undergoing substance abuse treatment if necessary, and refraining from criminal activity.
During the parole period, parole officers closely monitor the behavior and progress of parolees. They provide guidance and support, assist with finding housing and employment, and address any challenges. Parole officers may conduct home visits, verify employment or education, and maintain regular contact with the parolee's family or other support systems.
Suppose a parolee violates the conditions of their parole. In that case, the NBP can revoke parole and return the individual to prison to serve the remainder of their original sentence. The parole board conducts parole revocation hearings to determine if a violation has occurred and, if confirmed, what actions should be implemented.
How Does Expungement Work in Nebraska?
Expungement is a legal process that allows individuals to have their criminal records in Nebraska sealed or erased, effectively removing them from public view. It aims to give individuals a fresh start and the opportunity to move forward without the burden of past criminal convictions.
In Nebraska, an adult cannot expunge their criminal conviction. However, they can have it set aside by a judge under the authority of NRS section 29-2264.
Setting aside a conviction is a legal process in which a judge issues an order to nullify or vacate a previously obtained conviction.
When a conviction is set aside, it does not erase the fact that the conviction occurred, but it does provide certain benefits and opportunities for the individual.
Setting it aside, the court declares that the conviction is no longer valid. It can have various implications, such as restoring certain rights and privileges lost due to the conviction. Additionally, it can help individuals seek employment, housing, and other opportunities.
Furthermore, NRS section 29-3523 is another law that outlines the conditions under which Nebraska Criminal Records, specifically arrest records, can be corrected. This law allows individuals to move forward with fewer repercussions related to past arrests that did not result in convictions.
Eligibility Requirements in Setting Aside or Expunging a Criminal Record in Nebraska
An individual becomes eligible to have their conviction set aside in Nebraska if they meet specific criteria.
These criteria include being placed on probation and successfully fulfilling all the probationary requirements, completing any assigned community service as part of the sentence, serving a sentence of one year or less in jail and completing the entire term, or having a punishment that consisted solely of a fine and successfully paying them.
On the other hand, there are several conditions that determine when an arrest can be corrected or expunged under NRS section 29-3523.
If an arrest occurred, but no charges were filed based on the determination of the prosecuting attorney, the individual can request to have the arrest erased from their record after one year from the date of the arrest.
Similarly, suppose an arrest took place, but no charges were filed due to the completion of a diversion program. In that case, the arrest recording as part of the individual's criminal record should not have occurred two years after the arrest date.
Suppose someone was arrested and charged with a crime, but the court later dropped the charges because of a request from the prosecuting attorney. In that case, the arrest should not be in the person's criminal record three years after the arrest happened.
Expunging a Criminal Record Under NRS Section 29-3523
If a law enforcement agency mistakenly arrests an individual, they have the right to request the court to remove the criminal history record related to that error.
To accomplish this, individuals must initiate the process by petitioning the relevant court where the arrest occurred. The petition should identify the county attorney as the respondent and ensure that a copy of the petition is served to them.
The individual must then present evidence to convince the court why the petition should be granted. If the evidence is convincing, the court will remove the information the law enforcement agency mistakenly recorded during the arrest.
Note that different courts in Nebraska may have specific local rules for expungement. Thus, checking with the County or District Court clerk for these rules is crucial, as not adhering to them can affect the outcome of the expungement process.
Requesting a Conviction Set Aside in Nebraska
The approval of a set aside by a judge is not guaranteed even if an individual is eligible. The court will deny a person's petition for set aside if they have a pending criminal charge in any court within the U.S. or another country. The same applies if they are required to register under the Sex Offender Registration Act.
Furthermore, suppose an individual is filing a petition for a misdemeanor or felony motor vehicle offense that led to motor vehicle homicide or has had a previous petition to set aside a conviction denied within the past two years. In these cases, the court will also deny their request.
If an individual wishes to cancel or set aside a conviction, they can obtain the necessary form from the Nebraska Judicial System's website. Following the instructions on the form, they can petition the court for this option under the statute.
Seeking expungement or set aside in Nebraska can be a legally complex procedure. It is recommended that individuals seeking these actions consult an experienced attorney. An attorney can guide them through the eligibility requirements and navigate the necessary steps to increase the chances of a successful petition of expungement or set aside.
How To Obtain a Criminal Record in Nebraska
Individuals can obtain criminal records in Nebraska through online searches, in-person requests, or mail-in applications.
The Nebraska State Patrol (NSP) provides an online platform for individuals to conduct criminal background checks. The online method offers a convenient and accessible way to obtain Nebraska Criminal Records.
Users can access the online criminal background check platform by visiting the NSP official website. This option requires individuals to provide essential details about themselves and the person they are interested in. Also, a significant fee is necessary to complete the search using the platform.
For those who prefer a more traditional approach, in-person requests at the Criminal Identification Division (CID) office are available.
Individuals can personally visit the office and complete a criminal record request form. Along with the form, one must settle or submit the applicable payment. This method allows individuals to interact directly with the authorities and ensure the accuracy of their requests.
Alternatively, individuals can submit a mail-in application to obtain a criminal record. To do this, one must accurately fill out the same form above. Then, the completed form, accompanied by payment, must be sent to the CID office mailing address provided in the form.
In addition to the official channels, there are other sources through which individuals can access criminal records in Nebraska. These sources include law enforcement offices, local and state courts, and various databases.
Furthermore, third-party alternatives offering free public criminal record checks are available. However, while these alternatives may be appealing due to their cost, it is essential to consider that they might provide limited or incomplete information.
What Are the Criminal Background Check Laws in Nebraska?
In Nebraska, there are specific laws and regulations in place to govern criminal background checks. These laws include the federal Fair Credit Reporting Act (FCRA), Title VII of the Civil Rights Act, and the NRS section 48-202, commonly known as the state's Ban-the-Box Law.
The FCRA is a federal law that applies to all states, including Nebraska. It establishes guidelines for employers who wish to conduct background checks on potential employees using consumer reporting agencies (CRAs).
Under the FCRA, employers must get written authorization from the individual before performing a background check. If an employer decides not to hire someone based on their background check report, they must provide the person with a copy of the report and a statement of their FCRA rights.
On the other hand, Title VII of the Civil Rights Act ensures that employers treat everyone fairly at work without discriminating against them based on their protected groups. It means that employers in Nebraska, like in other states, must be cautious when using criminal background checks to avoid disproportionately affecting protected classes.
The Equal Employment Opportunity Commission (EEOC) asserts that employers should look at each conviction individually and consider if it directly relates to the job the person applied for before deciding not to hire them based on their criminal record.
Nebraska has also implemented its Ban-the-Box Law under NRS section 48-202. This law restricts employers from inquiring about applicants' criminal histories on job applications. Employers can only ask about an applicant's criminal history once they have determined that the individual meets the minimum qualifications for the job.
Nebraska employers conducting background checks must adhere to these laws. Failure to comply can lead to significant fines, civil penalties, and the possibility of facing lawsuits.
Counties in Nebraska
- Box Butte
- Keya Paha
- Red Willow
- Scotts Bluff
Police Departments and Sheriffe Office in Nebraska
List of Content
- What Are the Types of Crimes in Nebraska?
- How Does Probation Work in Nebraska?
- How Does Parole Work in Nebraska?
- How Does Expungement Work in Nebraska?
- How To Obtain a Criminal Record in Nebraska
- What Are the Criminal Background Check Laws in Nebraska?