Introduction to Class II Misdemeanors in Nebraska

Nebraska classifies offenses as felonies or misdemeanors under Neb. Rev. Stat. § 28-106. Felonies are the most serious offenses, while misdemeanors encompass lesser infractions. The state classifies misdemeanors by Severity, with Class I at the highest level and Class V at the lowest. A separate Class W applies to traffic-related wrongdoing. Class II misdemeanor ranks near the high end of the misdemeanor scale. This label matters because statutory penalty caps, bargaining room in plea negotiations, and eligibility for diversion programs depend on the assigned Class. Such offenses may also be accessible as public court records. A Class II misdemeanor conviction can result in up to six months in jail and a fine of up to $1,000.

Common Examples of Class II Misdemeanors in Nebraska

Nebraska statutes place the violations below in the Class II misdemeanor category. Individuals should note that actual charges can vary based on case facts or county practices. Therefore, the following information serves only for educational purposes:

• Third-degree assault (Neb. Rev. Stat. § 28-310): This offense happens when a person deliberately or recklessly causes bodily injury to another.
• Criminal mischief with damage of $500 or more but less than $1,500 (Neb. Rev. Stat. § 28-519): This offense occurs when an individual damages property in that dollar range.
• Theft of property or services valued $500 or less (Neb. Rev. Stat. § 28-512): This offense covers taking items worth up to five hundred dollars.
• Second-Degree Criminal Trespass (Neb. Rev. Stat. § 28-520 & 28-521): When an offender disobeys an order to vacate personally communicated to him or her by the owner of the property or other authorized person.
• Public Indecency (Neb. Rev. Stat. § 28-806): This offense involves engaging in lewd or indecent exposure in a public place, or performing an indecent act in a place observed by the public.

Statute of Limitations for Class II Misdemeanors in Nebraska

In Nebraska, the statute of limitations for a Class II misdemeanor is 18 months from the date of the offence. Neb. Rev. Stat. § 29-110(2) requires filing charges within this window, and the clock starts when the crime occurs. This period pauses if the defendant flees from justice.

Misdemeanor domestic violence and Driving Under the Influence (DUI) also follow this 18-month filing rule. However, for misdemeanor domestic partner assaults, Neb. Rev. Stat. § 29-1207 sets a fast trial deadline. This law requires the state to bring the defendant to trial within six months of their arrest on a warrant. After a domestic violence incident, prosecutors have eighteen months to file charges. However, once an arrest is made, the state has only six months to hold the trial. If the state misses this six-month deadline, excluding delays and the defense's requests, the defendant can seek case dismissal. This rule ensures rapid court action to ensure the victim's safety.

Legal Penalties for Class II Misdemeanors

Nebraska law sets clear penalty limits for Class II misdemeanors under Neb. Rev. Stat. § 28-106. A court may impose a fine of up to $1,000 and order a jail term of up to 6 months. A judge may also choose probation, community service, or other conditions that fit the facts of the case. Sentencing depends on the conduct involved, any factors that increase or reduce blame, and any past criminal record. This structure separates Class II offenses from other misdemeanor levels and guides courts when setting punishment.

A conviction for this Class brings effects that continue after the court issues a sentence. It establishes a long-term legal history that impacts future interactions with law enforcement and the judicial system. The consequences may persist long after the court case concludes.

Court Process for Class II Misdemeanors

• Arrest or Citation: Law enforcement initiates the case by either making an arrest or issuing a citation that requires a court appearance under Neb. Rev. Stat. § 29-401.
• Arraignment: The court holds an early hearing to read the charge and explain all rights. The court decides bail or sets release conditions. The court sets bond terms, and the accused enters an initial plea. A not-guilty plea advances the case to pretrial proceedings.
• Pretrial Proceedings: This stage typically includes plea negotiations between the defense and prosecution. Prosecutors and defense counsel often take part in plea bargaining to reach a fair outcome that may reduce the charge or lower possible penalties. Many misdemeanor cases end during this stage.
• Trial: If no agreement is reached, the case goes to trial. A judge or jury reviews witness testimony and evidence to decide if the prosecution proved each element of the Class II misdemeanor beyond a reasonable doubt.
• Sentencing: A conviction leads to sentencing. The judge may impose a jail term of up to six months, issue a fine of up to one thousand dollars, or impose probation within the limits set by the statutes.

How Class II Misdemeanors Affect Your Criminal Record

A Class II misdemeanor conviction creates a permanent criminal record. This public history appears during standard background checks for jobs or housing. The specific impact depends entirely on Nebraska laws and local record-keeping rules. The effect of this record varies significantly. Some jurisdictions may restrict access to minor offenses after a specific period. Others may report them indefinitely. Also, misdemeanor records may influence decisions in matters of employment, professional licensing, and housing.

However, most states provide legal mechanisms to limit public access to these records. Expungement seals the record from public view. Record sealing achieves a similar result. These processes, however, are not automatic, and complications may arise. They usually require a formal petition to the court and are subject to some strict eligibility criteria. Success depends on factors such as the specific offense, state or local law, and the individual's complete criminal history.

Differences Between Class II Misdemeanors and Other Offenses

Nebraska law establishes distinctions between misdemeanor levels based on the maximum potential penalty. Class II misdemeanors are less severe than Class I offenses but more serious than Class III, Class IV, and Class V misdemeanors.

Under Neb. Rev. Stat. § 28-106, Class I misdemeanors are the most serious misdemeanor level. Convictions allow a maximum one-year jail term and a $1,000 fine. Class II Misdemeanor convictions allow a maximum six-month county jail term, and fines up to $1,000. Class III Misdemeanor punishments are less severe than those of a Class II. The penalty includes a maximum three-month jail term and a $500 fine. Class IV misdemeanor convictions involve no jail time. The law mandates a fine between $100 and $500. Class V Misdemeanors are the lowest offense category, and convictions result in a maximum $100 fine with no imprisonment.

Felonies represent the most serious crimes. Unlike misdemeanors served in county jail, felonies often mandate state prison terms exceeding one year. Felony convictions also carry far greater consequences. Felony punishments typically include longer probation, higher sentences for repeat offenders, and the loss of certain civil rights.

(Note:) Consult attorneys for guidance and appropriate action on all court matters.

How to Check for Class II Misdemeanors in Court Records

Nebraska Class II Misdemeanor case files are public, unless sealed through a specific court order. Generally, parties can access these files via two primary models:

• Free In-Person Access: A complete review of Class II misdemeanor case files is accessible at no charge via the public terminals located within courthouses and some law libraries across the state. This method offers the most comprehensive review of case file contents without incurring search fees.
• Online paid searches: The state's JUSTICE Search system allows searches for Class II misdemeanor by party name. This costs $15.00 per search, and payment is required even if a search produces no results. Records are accessible 24 hours after the court updates the database. The system provides public data for up to 30 cases per user. The information provided for each case includes:
• Case details (trial date, outcome, case subject, and presiding judge)
• Party listing (plaintiff, defendant, associated attorneys)
• Associated court fees and payments
• The Register of Actions (a detailed case timeline)
• Images of documents filed or uploaded after April 16th, 2008.

(Note:) Local procedures and fee updates require consulting official sources such as the Nebraska Judicial Branch.

Can a Class II Misdemeanor Be Expunged or Sealed in Nebraska?

In Nebraska, expungements apply only when the record exists because of a clear law enforcement error. State law provides a Set Aside under Neb. Rev. Stat. § 29 2264 for Class II misdemeanor convictions. A Set Aside effectively seals the records from public view. The relief is not automatic and depends on judicial discretion. A petition process can begin once the convicted person has completed all parts of the sentence, including any fines, probation, or jail term. The court reviews the petition and may grant relief if there are clear signs of a successful rehabilitation. Offenses such as DUI and violent offenses remain ineligible. An unsuccessful petition blocks parties from filing for the same offense for the next two years.

A Set Aside offers meaningful benefits because the court order states that the conviction has been nullified for most background-check purposes. Below is a summary of the state's Set Aside rules: