Understanding Class I Misdemeanors in Nebraska

Nebraska uses a grading system that includes Class I, Class II, Class III, and Class IIIA misdemeanors, in contrast to the typical Class A, B, and C classification of other states (Nebraska Revised Statutes § 28-106. In Nebraska, misdemeanors are criminal offenses less severe than felonies, with penalties that may include up to one year in jail. Class I misdemeanors are the most serious type, carrying the highest potential penalties within the misdemeanor category, though they remain less severe than any felony. Less severe offenses, such as Class II, Class III, and Class IIIA misdemeanors, are associated with shorter potential jail sentences and minor fines.

Examples of Class I Misdemeanors in Nebraska

Class I misdemeanors are the highest-level misdemeanor offenses in Nebraska. These offenses encompass a wide range of misconduct, from property crimes to interpersonal and public safety violations. Real-life cases arising from these crimes can be reviewed in the Nebraska Criminal Court Records. Below are typical examples of Class I misdemeanors in Nebraska:

• Theft ($500–$1,500)
• Third-degree assault
• DUI (first offense)
• Disorderly conduct, such as disturbing the peace, fighting, or engaging in threatening behaviour in public

Penalties for a Class I Misdemeanor in Nebraska

A Class I misdemeanor bears the highest and most severe penalty for a misdemeanor offense in Nebraska. An individual convicted of a Class I misdemeanor in Nebraska may face one of the following penalties:

• Up to a year in county jail
• A fine of up to $1,000
• Both jail time and a fine

Generally, courts in Nebraska have the discretion to impose a sentence based on the defendant’s criminal history, harm to victims, the aggravating or mitigating circumstances of the case, and the defendant's level of cooperation. Therefore, it is often possible that two individuals convicted of the same offense may receive different sentences.

Courts may also consider alternative sentences such as probation, which often mandates requirements such as alcohol or drug treatment, counseling, community service, or adherence to a no-contact order. Furthermore, certain offenses, such as DUI, may incur additional penalties, including restitution, license suspension, or mandatory evaluations.

Probation and Alternative Sentencing Options in Nebraska

As opposed to a jail sentence, Nebraska courts may also impose alternative sentences for Class I misdemeanor cases. These alternatives exist to hold a person accountable while allowing restitution, rehabilitation, and continued community stability. It is, however, worth noting that these alternative sentences are only available depending on the defendant’s criminal history, the nature of the offense, and the availability of county-level programs.

According to Neb. Rev. Stat. § 29-2260, a judge can order supervised or unsupervised probation with unique conditions, such as regular check-ins, maintaining employment, attending counselling, and submitting to drug or alcohol testing, depending on the nature of the crime committed. Failure to comply with probation terms can cause additional penalties or imprisonment.

Some defendants may qualify for house arrest or electronic monitoring, which typically involves restricting the individual’s movement, particularly to enable them to continue caring for or working with dependents. The court may also impose a mandatory sentence of community service, anger management classes, substance abuse treatment, or payment of restitution to victims, as provided in Neb. Rev. Stat. § 29-2280.

Under Neb. Rev. Stat. §§ 29-3601 to 29-3604, different counties in Nebraska also operate numerous diversion programs, typically for low-level or first-time offenders. These programs cover evaluations, classes, fees, or community service. Upon completion, the charges may be dismissed. Defendants should note that availability and conditions vary by county and offense.

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

Sometimes. Nebraska has limited expungement laws, and most criminal convictions, including Class I misdemeanor convictions, cannot be expunged from an individual’s record. While other states offer traditional expungements, Nebraska does not. Instead, only a limited number of records may be cleared, sealed, or expunged.

Nebraska does not offer expungement for most adults convicted of a Class I misdemeanor, but offers specific relief options depending on the case and the factors surrounding it:

• Set-Aside Orders: Upon completing probation, Neb. Rev. Stat. § 29-2264 allows the defendant to request a "set-aside" from the court, although this does not expunge the conviction.
• Arrest Record Expungement: In Nebraska, arrest records can be expunged if the arrest was made in error or the individual was wrongfully accused.
• Juvenile records (can be sealed in Nebraska).

Severe crimes such as violent crimes, DUI-related misdemeanors, and crimes involving risk to public safety stand a lower chance of ever being sealed or expunged from a person’s record.

Long-Term Consequences of a Class I Misdemeanor Conviction

Even if a jail sentence is avoided, a Class I misdemeanor can still significantly affect an individual’s life long after the case has been resolved. This conviction remains on background checks, affecting opportunities to work, obtain a license, or secure housing. Although these impacts vary from state to state, many individuals face practical barriers resulting from having a criminal record. Some of these barriers include the following:

• Landlords are often cautious about applicants with criminal records, making them keen to deny applications from individuals who have been recently convicted.
• Individuals with a misdemeanor record often struggle to secure employment in professions that require trust and safety.
• In fields such as healthcare, childcare, finance, or security, boards often delay, restrict, or entirely deny licensure to individuals with a criminal record.
• Some offenses limit gun possession rights.

What to Do if You’re Charged with a Class I Misdemeanor in Nebraska

Taking the proper steps after being charged with a Class I misdemeanor in Nebraska can help to protect one's rights and avoid additional penalties. It is essential that the defendants understand the nature of the alleged crime and comply with all court instructions and orders. Below are some crucial steps to take once charged with a Class I misdemeanor in Nebraska:

• Understand the offense and its potential penalties
• Note upcoming court dates. Since missing a court date can result in additional charges, such as bench warrants, defendants should make every effort to attend all hearings.
• Maintain constant communication with the court and respond to notices promptly, as required.
• Gather all relevant documentation that may be useful for defense.
• Consider hiring an attorney who can help navigate Nebraska’s criminal procedures.

Statute of Limitations for Class I Misdemeanors in Nebraska

The Nebraska statute of limitations sets the maximum time period within which prosecutors can file charges for misdemeanor offenses. For most misdemeanors, including Class I offenses, charges are typically required to be filed within 18 months from the date of the offense. Nonetheless, if a defendant flees from justice, the statute is tolled (paused) until the person is apprehended.