Nebraska Expungement, Set Aside & Court Record Removal

Nebraska's "Set Aside" - What It Is and What It Isn't

Most states call their primary record relief mechanism "expungement." Nebraska calls it set aside of conviction under Neb. Rev. Stat. § 29-2264. The distinction carries significant real-world consequences - particularly for anyone hoping a set aside will make their record disappear from Google or background check sites.

When a Nebraska court grants a set aside, it:

• Sets aside the judgment of conviction
• Releases you from penalties and disabilities imposed by the conviction
• Adds a notation of the set aside to the criminal record

What a set aside does not do is seal, destroy, or restrict public access to the court record. The conviction - including the original charge, the guilty finding or plea, and the sentence - remains fully visible in the Nebraska courts public portal and state criminal history databases. The set aside is a legal status change, not a record removal.

Who Is Eligible for a Set Aside in Nebraska?

Nebraska's set aside statute is relatively accessible compared to some states, but it does not apply to all offenses. Eligibility under § 29-2264 generally requires sentence completion and meeting criteria based on offense type. For more information, visit the Nebraska Supreme Court.

Misdemeanor Set Aside

For misdemeanor convictions, eligibility generally requires:

• Completion of all sentence terms including probation, fines, and restitution
• No pending criminal charges in any jurisdiction
• A favorable recommendation from the probation officer (if you were on probation)
• The court's determination that set aside is in the interest of justice

Felony Set Aside

Felony set asides are available in Nebraska but subject to additional judicial discretion. To be considered: Learn more about expungement vs. record sealing on our blog.

• The sentence must be fully completed including post-release supervision
• No subsequent felony convictions
• The court considers the nature of the offense, rehabilitation, and community safety
• Class I, IA, IB, IC, ID, and II felonies face significant barriers on the set aside route, so online removal is often the stronger path

Sex offenses requiring registration, Class I felonies, and offenses involving firearms are typically ineligible for set aside in Nebraska. Learn more about court record removal on our blog.

Why Nebraska Court Records Persist Online After Set Aside

Nebraska's lack of a true expungement statute creates a particularly stubborn online record problem. Understanding why requires looking at each source individually. For more information, visit the Nebraska Legislature.

Nebraska Courts Public Portal (nebraska.gov)

Nebraska's court case search at nebraska.gov indexes civil and criminal cases statewide. Because a set aside does not seal the record, the case continues to appear on this portal after set aside is granted - often with the set aside noted, but with full conviction details still visible. This portal is a primary source that data broker sites and Google index continuously.

Nebraska State Patrol Criminal History

The Nebraska State Patrol maintains the state criminal history repository. A set aside should be annotated in the NSP record, but the underlying conviction information is not removed. Employers conducting a state criminal history check will still see the conviction along with the set aside notation - a distinction that matters in competitive hiring and licensing decisions. Learn more about background check reports on our blog.

CourtListener and Legal Databases

CourtListener indexes Nebraska appellate court opinions. If your case was appealed and an opinion was published, that opinion may appear in CourtListener and Google Scholar regardless of any set aside at the trial court level. Appellate opinions are public record and are generally not subject to removal requests absent a court order specifically directing removal.

Data Broker Sites

Spokeo, BeenVerified, TruthFinder, Intelius, and dozens of similar aggregators pull from the Nebraska courts portal and other public data sources. Because the conviction remains public after set aside, these sites may continue to display your record - and can re-populate it after an opt-out while the court portal still shows the conviction, which is why ongoing monitoring matters.

How to Remove Nebraska Court Records from Google and Data Broker Sites

Because Nebraska lacks true expungement, the online route layers opt-outs, Google tools and suppression instead of relying on a sealing order. Meaningful reductions in online visibility can be pursued through the following steps.

1. 1
   Obtain your set aside order
   File a petition for set aside under § 29-2264 in the district or county court that entered the original conviction. The probation officer (if applicable) will submit a report, and the court will schedule a hearing or rule on the papers. Obtain a certified copy of the set aside order - you will need it for all downstream removal requests.
2. 2
   Confirm the NSP criminal history record is updated
   Contact the Nebraska State Patrol's Criminal Identification Division to confirm the set aside is annotated on your criminal history record. Request a copy of your own record to verify the update. This typically takes 30 to 60 days after the court order is signed.
3. 3
   Audit all URLs showing your record in Google
   Search Google with combinations of your name, county, charge type, and year. Document every URL returning a result - nebraska.gov, CourtListener, Justia, UniCourt, data broker sites, and any local news coverage. This URL inventory is your work queue for removal requests.
4. 4
   Submit data broker opt-out requests
   Submit opt-out requests to all major data brokers displaying your record. Because the Nebraska court portal continues to show the conviction after set aside, re-population is a significant risk - set a calendar reminder to re-check each site every 90 days and re-submit opt-outs as needed.
5. 5
   Use Google's removal tools for cached and outdated content
   For URLs where the source page has been removed or restricted, use Google's outdated content removal tool at removals.google.com to de-cache the page. For pages that remain live but contain sensitive personal information, submit a Google Personal Information Removal Tool request with documentation of the set aside.
6. 6
   Develop a content suppression strategy
   Because the court portal record remains public, publishing positive content across social profiles, professional directories, and news sources can push court record results down in search rankings over time. This longer-term approach is often the most effective path for Nebraska residents whose records are ineligible for set aside or where set aside does not reduce portal visibility.

Helpful Resources for Nebraska Court Record Removal

• Nebraska Supreme Court - official court portal and case search
• Nebraska Legislature - full text of Neb. Rev. Stat. § 29-2264 and related statutes
• United States Courts - federal court records and PACER access
• FTC: What to Know About Background Checks - your rights under the FCRA

Related Guides

• Expungement vs. Sealing: What's the Difference?
• Can Court Records Actually Be Removed?
• How Court Records Appear on Background Checks
• How to Remove Court Records from Spokeo