Nebraska Arrest Records

When a person commits a crime or breaks a law in Nebraska, they are apprehended and detained. The arrested individual undergoes a booking process, which creates an official record of the arrest, and they are held or released pending bail or court appearance.

A Nebraska arrest record is an official document that details the circumstances surrounding an arrest. It contains information about the arrested person, the offenses or crimes that prompted the arrest, the date/time/location, the identity of the arresting officer and agency, and other circumstances surrounding the arrest. These records are typically featured within Nebraska criminal court records and made accessible to interested members of the public. 

According to the 2022 Crime in Nebraska report, the state recorded 38,027 arrests in 2022. Compared to 2021, with an arrest count of 38,149, the 2022 arrest statistics represent a 0.32% decrease in arrests in the state. The crimes with the highest number of arrests in 2022 were drug abuse violations (7,446), driving under the influence (4,807), simple assault (3,858), larceny (3,193), and liquor law violations (2,206).

Are Arrest Records Public in Nebraska?

Yes. Under the Nebraska Public Record Statutes, government records, including arrest records, are public records and are subject to public disclosure for inspection and copying.

Thus, interested members of the public have the right to access and make copies of arrest records held by law enforcement agencies. They can submit public records requests to the relevant agency to obtain such records, subject to applicable fees or costs. Interested parties include the record subject, employers, attorneys, victims, bail bondsmen, government officials, and loan and insurance companies, among others.

While arrest records are generally considered public records and subject to disclosure under the state's public record statutes, a few key exemptions and restrictions exist under which access may be denied or restricted. One such exemption relates to records involving juveniles. Per Neb. Rev. Stat. § 43-2,108.05, arrest records related to a minor may be sealed by court order or deemed confidential. When this occurs, those records are sealed from public disclosure.

Other exemptions, as outlined in the Nebraska Public Record Statutes, include the following:

• Personal information of private individuals
• Records sealed by court order
• Records relating to ongoing investigations
• Victim/witness information.

What is Included in Nebraska Arrest Records?

The following is the typical information included in a Nebraska arrest record:

• Arrestee's Identifying Information: This would include the full legal name of the arrested individual and their date of birth.
• Arrestee's Physical Description: Details such as the arrestee's sex, race, height, weight, hair color, and eye color.
• Alleged Offense Information: The specific criminal charge(s) or allegation(s) the arrestee is accused of, including the code of law violated and whether it is classified as a felony, misdemeanor, or infraction.
• Arrest and Booking Information: The date, time, and location of when and where the arrest happened. The arresting law enforcement agency and sometimes the arresting officer's name. Booking information like the date and time booked, whether released or jailed and any bail amount set.
• Outstanding Warrants/Holds: Any active arrest warrants or probation/parole holds applicable to the arrestee at the time of their arrest.
• Account of Arrest Circumstances: The arresting officer's brief factual summary that describes the circumstances and probable cause that led to the individual's arrest.

Find Public Arrest Records in Nebraska

Interested individuals can obtain public arrest records from local law enforcement agencies like county sheriff's offices or municipal police departments. The means of submitting a request for arrest records may vary between law enforcement agencies, but the following steps typically apply. 

• Identify the Records Custodian: Determine which law enforcement agency made the arrest. This is crucial because sheriff's offices or police departments only maintain custody of records within their jurisdiction.
• Determine Request Procedures and Fees: Most local law enforcement agencies provide information or instructions on their websites for requesting public records. Where such information is not available, in most cases, a designated phone line is provided for inquirers to call regarding public records inquiries or for guidelines on requesting public records. Inquiries about specific procedures and required fees should be directed to the record custodian using contact information on their website.
• Submit a Public Record Request for Arrest Records: Local law enforcement agencies in Nebraska typically offer various methods for requesting arrest records, including in-person, mail, and online options. For in-person requests, individuals can visit the agency's physical location during business hours to look up or make copies of the arrest records of that particular law enforcement division. 

Alternatively, record seekers can send a written request via mail to the designated mailing address of the local law enforcement division requesting access to arrest records in their custody. Additionally, some arresting agencies provide an online portal for submitting public arrest record requests. In any way, all requestors must supply sufficient to facilitate the search, such as the subject's name or arrest date. 

• Pay Applicable Fees: A nominal fee of $12.50 is usually required by public agencies in the state to obtain copies of public records, including arrest records. The nominal fee usually needs to accompany a request. However, requesters may be eligible for fee waivers when seeking arrest records. In some cases, government agencies often grant fee waivers if the record serves a public good.

Obtaining Sealed Arrest Records

While arrest records held by law enforcement agencies are accessible to the public, some records may be restricted. In order to access restricted or non-public arrest records, especially for court hearings, inquirers may need to subpoena the record.

A subpoena is a written order issued by a court that compels an individual or entity to testify or provide evidence on a particular subject at a specified date. To subpoena a non-public or restricted arrest record in the state, consider the following:

• Submit a request to the county's court clerk to issue a subpoena.
• The subpoena must contain the full name and address of the local law enforcement agency being served.
• Serve the subpoena on the agency. This can be done in three ways: personal delivery, via email (with a request for acknowledgment receipt), or by certified mail (with a request for return receipt). 
• If the subpoena requests the presence of an individual, the serving party must provide fees for the individual's attendance and mileage.
• Failure to respond to a subpoena can be considered contempt of court, which may result in penalties ranging from monetary sanctions to imprisonment.

How to Lookup Arrest Records Online in Nebraska

Individuals can look up arrest records online in Nebraska. Usually, this is possible through official and third-party sources. Official sources include local sheriff or police department websites, which may provide some arrest information, or an online jail database searchable by name or booking number. 

For example, individuals can use the Cass County Sheriff's Office Inmate Roster (searchable by name, date, and release status) to look up and find information on persons arrested and currently being detained. Information such as the booking date, crime committed, bail/bond amount, arresting agency, address, and personal information are some of the available details inquirers will see when they click "view profile" on each inmate in detention in Cass County.

Alternatively, several third-party websites exist online that offer arrest record searches for the public. These sites can be found through search engines using relevant keywords and typically allow searches by name and state. However, records obtained from non-governmental sources should be verified for accuracy and completeness.

How Long Do Arrests Stay on Your Record in Nebraska?

It depends. The length of time an arrest stays on record depends mainly on the type of crime and whether the arrest led to a criminal conviction. Arrests that lead to a criminal conviction stay on file indefinitely. On the other hand, for an arrest for which no charges were filed, charges were dismissed, or a person was found not guilty, the retention time depends on the type of crime for which the arrest was made.

For instance, misdemeanor arrests may be eligible for sealing or expungement one year after the arrest date. Arrests for felonies that ended in dismissed charges or not-guilty verdicts may be eligible for sealing or expungement three years from the date of the arrest. 

Note that arrest records are not automatically erased or expunged even if charges are dismissed. The individual would need to go through the proper legal process to have the record sealed or expunged after the applicable waiting period.

Additionally, there is a distinction between sealing and expungement in Nebraska. Sealing removes the record from public view, while expungement destroys the record. The eligibility criteria for sealing or expungement can vary based on the specific offense, the individual's criminal history, and other factors, rather than solely based on the crime type (misdemeanor or felony) and the outcome of the case.

Expunge an Arrest Record in Nebraska

An individual can seal or expunge their arrest record in Nebraska per Nebraska Revised Statutes Section 29-3523. Expunging an arrest record in the state means that the record is either erased or sealed from public view. This removes a person's arrest instance from their record, and it would be like the arrest never happened. However, as outlined in the state's statute, this is contingent on satisfying the established criteria for expungement.

According to Section 29-3523(3) of the NRS, the criteria and time frame for expungement are as follows:

• If no charges were filed against a person after their arrest, due to the prosecutor's determination, their record can be expunged after one year from the arrest date.
•  If no charges were filed after a person's arrest due to the completion of a diversion program, their arrest record can be expunged two years from the date they were arrested.
• If charges were filed after a person's arrest but later dismissed by the court on the prosecutor's motion, their arrest record can be expunged three years from the arrest date.
• If an individual was arrested in error, their arrest record can be expunged by simply proving the error to the court.

Suppose a case or an arrest record satisfies any of the listed criteria for expungement. In that case, the individual may start a petition to expunge the arrest record in the state. The process typically involves the following steps:

• Obtain the necessary documents: Gather relevant documents, such as court records, arrest records, and any other documentation related to the record that needs to be expunged.
• File a petition: File a petition for expungement with the court where the case was originally handled or the court with jurisdiction over where the arrest was made. The petition should include details about the arrest, the grounds for expungement, and any supporting documents.
• Serve notice: Serve notice of the expungement petition to the arresting agency.
• Hearing and determination: In some cases, the court will schedule a hearing to review the petition for expungement. After reviewing the evidence and arguments brought forward, the court will decide whether to grant or deny the expungement request. If granted, the court will issue an order for the records to be sealed or destroyed.

When an arrest record is expunged in Nebraska, the public will no longer be able to access such records. However, courts, certain government agencies, and law enforcement agencies may still access the expunged records.

How Do I Find Recent Arrests in Nebraska?

The public can find recent arrests within a Nebraska county or city through the county sheriff or police department. Some law enforcement divisions in the state provide arrest logs of arrests that were made within a specific period, usually from hours to a few days or months. For example, the Sarpy County Law Enforcement Center publishes recent arrest and booking logs, and the Norfolk Police Department publishes daily arrest logs.

Are Nebraska Arrest Records Free?

Yes. Interested parties in Nebraska can access arrest logs, which provide information about recent and past arrests, at no cost. This could be via in-person access at the physical location of the law enforcement division or online from the agency's website. 

However, requests that involve the need to make copies of arrest records will attract a nominal fee, which may differ by agency. Similarly, when using third-party aggregate websites to find arrest records, users will typically be charged a fee.