Nebraska Court Records
- Search By:
- Name
- Case Number
NebraskaCourtRecords.us is not a consumer reporting agency as defined by the FCRA and does not provide consumer reports. All searches conducted on NebraskaCourtRecords.us are subject to the Terms of Service and Privacy Notice.
First-Degree Felony in Nebraska
In Nebraska, a first-degree felony is classified as the most serious version of a felony offense. Such offenses typically reveal that the offender had the intention to kill or inflict grievous injury on another. In some cases, it’s a first-degree crime if the offender has prior convictions.
Nebraska Revised Statute 28-105 classifies felonies into four major classes, which are further divided into ten subclasses. These felony classes are based on types of crimes, severity, and corresponding penalties.
First-degree felonies typically have the harshest penalties and are mostly found under the first five felony subclasses: Class I, IA, IB, IC, ID, II, and IIB. For example, these categories include first-degree crimes like murder, sexual assault of a minor, and large-scale drug trafficking.
Public Access to First-Degree Felony Records in Nebraska
Interested parties may access most first-degree felony records in Nebraska through platforms or options provided by state government entities.
For instance, inquirers may look up court records via the Nebraska Judicial Branch’s online case search portal. The portal provides information on up to 30 case files and charges $15 per search.
In contrast, inquirers may find copies of felony case records from the district court clerk. The state’s district courts handle felony case filings within areas under their jurisdiction. In order to obtain documents from the court clerk, inquirers may make in-person or mail-in requests to the clerk’s office. Most district court clerks maintain websites or contact information via which the public may access records. The court clerk may charge fees depending on the number of requested copies and document type.
| Source | Access Type | Website/Location |
|---|---|---|
| Nebraska Judicial Branch | Online | www.nebraska.gov/justicecc/ccname.cgi |
| District court clerks’ offices | In person, mail/email | |
| Third-party record search | Online (may charge) | Nebraskacourtrecords.us |
Common Crimes Classified as First-Degree Felonies in Nebraska
In Nebraska, first-degree crimes include the following:
- First-degree murder.
- Sexual assault of a minor.
- Large-scale drug trafficking.
- Arson
- Human trafficking.
- Robbery
The FBI’s Crime Data Explorer annually reports on all first-degree incidents in Nebraska. Per the agency’s 2024 report, the state’s law enforcement agencies recorded 68 homicides, 947 rapes, and 866 robberies.
| Crime | Brief Description |
|---|---|
| Murder in the first degree |
A person commits murder in the first degree if they: 1. Had purpose and premeditated malice to kill another person. 2. Killed another person while committing or attempting to commit any sexual assault in the first degree, kidnapping, arson, robbery, or vehicle hijacking. 3. Killed another by administering poison. Nebraska Revised Statute 28-303. |
| Assault in the first degree | Per Section 29-308, a person commits an assault in the first degree if they knowingly or intentionally cause serious bodily injury to another person. |
| False imprisonment in the first degree | It’s a false imprisonment in the first degree if the offender intentionally abducts or restrains another person under circumstances that expose the victim to the risk of serious physical injury. It’s also a first-degree false imprisonment if the victim was imprisoned for the purpose of servitude. Section 28-314. |
| First-degree sexual assault |
Per Section 28-319, it’s a first sexual assault if the offender sexually penetrates: 1. Without the consent of the victim; 2. Knowing or ought to have known that the victim is physically or mentally incapacitated; 3. The victim is between 12 and 16 years old. |
| Promoting gambling in the first degree | Per Section 28-1102, you commit a first-degree gambling promotion if you intentionally advance or profit from unlawful gambling activities. |
Prison Sentences and Fines for First-Degree Felonies in Nebraska
In Nebraska, persons convicted of first-degree felonies may receive sentences between 2 years and the death penalty. The state may also impose fines as part of the court-imposed conditions for first-degree felony convictions.
Note that these penalties differ based on the felony class, crime type, and number of prior convictions. Based on the felony class, persons convicted of a Class I felony offense will receive the death penalty. On the other hand, a Class IA felony carries the maximum penalty of life imprisonment.
The penalties may also differ for crimes within a felony class. Case in point: first-degree murder convictions may attract life imprisonment if the act occurred while the offender committed other first-degree felonies.
Nebraska courts may consider the number of prior convictions when imposing a penalty. Offenders may get a minimum of 25 years in prison if convicted of a second first-degree assault.
| Nebraska First Degree Punishment | Prison Range | Maximum Fine |
|---|---|---|
| First-degree murder | 40 years to life/death penalty. | Up to $25,000. |
| Sexual assault in the first degree | 1 to 50 years | Up to $25,000. |
| Assault in the first degree | 1 to 50 years | Up to $25,000. |
| First-degree gambling promotions | 0 to 2 years jail term and 1 year post-supervision. | Up to $10,000. |
| Sexual assault of a minor in the first degree | 20 to life imprisonment. | Up to $25,000. |
What is the Maximum Sentence for a First Degree Felony in Nebraska?
The death sentence is the maximum penalty for a first-degree felony in Nebraska. Note that the death sentence only applies to specific first-degree murder convictions. The maximum conviction for most first-degree murders is life imprisonment.
That being said, the state sets the maximum penalty based on the felony class and the crime severity. The maximum penalties for Class I felonies are much higher than those in subsequent classes. For instance, offenders may get a life sentence for a felony class IA offense. At the same time, the maximum penalty for first-degree gambling promotion is a 2-year jail term and one year of post-conviction supervision.
What is First Degree Murder in Nebraska?
Under Nebraska Revised Statutes, it’s a first-degree murder if an offender:
- Kills another with premeditated and deliberate malice.
- Kills another person while perpetrating or attempting to perpetrate a first-degree sexual assault, burglary, vehicle hijacking, or robbery.
- Kills another person by administering poison;
Persons convicted of first-degree murder may face between 40 years and the death penalty. It’s the court’s decision to determine the appropriate penalty for the offense. The court may consider the circumstances around the incident and the offender’s prior convictions.
In Nebraska, persons sentenced to life imprisonment for a first-degree murder are generally not eligible for parole. However, they may become eligible after the state’s Board of Pardons changes the sentence to a term of years.
Can First Degree Felony Records Be Sealed or Expunged in Nebraska?
Nebraska allows the sealing or expungement of first-degree felonies. Expungement is the total erasure of a public record from all public domains. However, sealed records may still remain visible to the case parties, authorized persons, and criminal justice agencies.
You may seal or expunge first-degree felonies under these conditions:
- The charges did not lead to a conviction.
- The prosecutor filed the charges, but the case was dismissed.
- The court acquitted the case or passed a not guilty verdict.
- The felony conviction was pardoned.
The state automatically seals dismissed or acquitted cases that occurred after December 31, 2016.
Difference Between First-Degree and Second-Degree Felonies in Nebraska
In Nebraska, first- and second-degree felonies are pretty distinct in severity and penalties. First-degree felonies are generally more severe and often reveal an element of intent or premeditation. As an example, murder in the first degree is defined as a premeditated act of killing another.
That being said, first-degree felonies attract the harshest penalties compared with lesser degrees of the same crime. Persons convicted of first-degree gambling promotion may face up to 2 years in jail and one year of post-conviction supervision. In contrast, a second-degree gambling promotion offense is a class II misdemeanor that attracts a six-month jail term and up to $1,000 in fines.
| Felony Level | Common Crimes | Sentencing Range |
|---|---|---|
| First Degree | Aggravated assault, murder, gambling promotions, large-scale drug trafficking, sexual assault, and false imprisonment | 2 to life/death penalty, |
| Second Degree | Murder, false imprisonment, aggravated assault, sexual assault, and gambling promotions | 1 year to life imprisonment. |
Statute of Limitations for First-Degree Felony Charges in Nebraska
In Nebraska, the statute of limitations is the timeframe for an offender to be prosecuted for an offense. Nebraska statutes impose statutes of limitations based on the severity of the crime.
The statute of limitations for most first-degree felonies is between three and seven years. For instance, first-degree false imprisonment and kidnapping have a seven-year time limit. Nevertheless, crimes of violence like murder, sex trafficking, arson, and sexual assault have no statute of limitations. This means you may file a case with the court at any time after the incident.
The statute of limitations may start counting after the incident occurred or after it was discovered. Sometimes, the statute of limitations is suspended if the offender evades arrest or travels out of the state.
Probation and Parole Eligibility for First-Degree Felonies in Nebraska
Under the NE Code § 83-1,110, first-degree felony convicts are eligible for parole under these conditions:
- They have served half of the minimum term of their sentence as provided in sections 83-1,107 and 83-1,108.
- It is two years before the mandatory discharge date after serving a maximum term of 20 years or less.
- They have served over 80% of the maximum term of over 20 years.
Convicts may qualify for a medical parole if they are terminally ill or permanently incapacitated.
Note: The Nebraska Board of Parole and Pardons may grant parole to persons serving life imprisonment.
Nebraska court judges determine who is eligible to receive probation instead of a prison sentence. The judges may review the severity of the offense and the public’s interest before deciding.
| Term | Definition | Eligible for First-Degree Felons |
|---|---|---|
| Probation | Court-ordered supervision instead of prison | Sometimes, it depends on crime severity and the public’s interest. |
| Parole | Early supervised release from prison | The eligibility criteria differ. Offenders may serve between 50% and 80% of their sentence. |
Impact of a First-Degree Felony Conviction on Criminal Records in Nebraska
First-degree felonies are accessible to all public members and, as such, may have a lasting impact on a record subject’s life. For instance, offenders may face discrimination in job applications or during house hunting. Employers and landlords often conduct background checks to determine if the prospective applicant or renter is a threat to society.
Offenders may also lose their civil rights during and after incarceration. For instance, convicts lose their right to vote while serving time in jail. The state may also withdraw its rights to bear arms for a specific period.