Can I Get My Records Sealed?
If you have a criminal record, your past mistakes may seem like they continually shape your future. Whether it’s applying for a job, trying to rent an apartment, or seeking other opportunities, a criminal history can often cause significant hurdles in your daily life. However, that doesn't always have to be the case. In some situations, it is possible to get your criminal record sealed.
At Abrahamson Law Office, we understand the importance of leaving the past behind and moving forward with your life. Fortunately, Nebraska allows certain criminal records can be sealed, which can help you regain some privacy and control over your life.
Below, we provide an overview of the specifics of sealing criminal records in Nebraska and explain eligibility requirements, the overall process, and why sealing records matters.
What Does It Mean to Have Your Records Sealed?
The term "sealing criminal records" means that your records are no longer accessible to the public. This doesn't mean your records completely vanish; they still exist for legal purposes and certain government inquiries. However, sealing your records can restrict prospective employers, landlords, or other private entities from accessing them during background checks.
Essentially, sealing a record can give you a much-needed second chance to move forward without your past holding you back.
What Types of Records Can Be Sealed in Nebraska?
Nebraska law allows for certain types of records to be sealed under specific circumstances. Generally, your eligibility depends on the nature of your offense, the outcome of your case, and whether you meet the conditions outlined by state law. Some records that are eligible to be sealed include the following:
Juvenile records: Nebraska allows juvenile delinquency records to be sealed, provided certain criteria are met. This may include the case being resolved, the juvenile reaching the age of majority, and demonstrating good conduct.
Dismissed or acquitted charges: If you were charged with a crime but the charges were dismissed by the court or if you were acquitted (i.e., found not guilty), you may be able to petition the court to have these records sealed. Charges that do not result in convictions are often among the easiest to have sealed.
Certain misdemeanors or infractions: Depending on the case, non-violent misdemeanors and infractions may be eligible for sealing. However, this often requires a waiting period and evidence of rehabilitation.
Sadly, not all criminal records in Nebraska are eligible for sealing. For instance, violent felony convictions and serious offenses are typically excluded. Understanding whether your specific case qualifies requires a careful review of your criminal history and the circumstances surrounding your charges or convictions.
Why Is Sealing Records Important?
A criminal record can have widespread and lifelong consequences, even for minor infractions or charges that never led to a conviction. People make mistakes, and allowing those mistakes to permanently define someone is unfair in the pursuit of justice. Some of the reasons why sealing your criminal record can offer life-changing relief include the following:
Employment opportunities: Many employers conduct background checks on prospective employees, and having a criminal record—even one without a conviction—can lead to automatic disqualification.
Housing options: Landlords often review an applicant’s criminal history before renting property. A sealed record can improve your chances of securing housing.
Rebuilding your reputation: Sealing a record helps protect your privacy and makes sure your identity is not reduced to a mistake or a misunderstood incident in your past.
Peace of mind: Knowing that your record won’t pop up unexpectedly during a background check can provide a sense of security as you move forward in life.
How To Get Your Records Sealed in Nebraska
The process of sealing records in Nebraska can often be complicated, so it’s important to follow the required steps carefully. With the guidance of an experienced criminal defense attorney, like those at Abrahamson Law Office, you can increase the chances of a successful outcome.
Determine your eligibility: The first step is to determine whether your record is eligible for sealing. This can depend on the type of offense, the resolution of the case, how much time has passed since the offense or charges, and your conduct since the incident.
File a Petition: If your case is eligible, you will need to file a petition with the court to request your records be sealed. This petition must include details about your case, including the specific records you want sealed and your arguments for why sealing your record serves the interests of justice.
Notify the interested parties: Once the petition is filed, you must notify certain parties, including the prosecutor, law enforcement agencies, and any victims involved. These parties may have an opportunity to object to your petition.
Attend the hearing: A judge will review your petition and may schedule a hearing to consider the arguments for and against sealing your record. During this hearing, it is critical to present evidence of your rehabilitation, such as consistent employment, lack of subsequent charges, and other efforts to improve your life.
Receive the court’s decision: After hearing the arguments, the judge will issue a decision. If the petition is approved, the court will order the records to be sealed. Once sealed, your records will no longer be accessible to the general public.
How Can Abrahamson Law Office Help?
Sealing criminal records often involves understanding nuanced laws and procedures. That's why we recommend working with an experienced criminal defense attorney. At Abrahamson Law Office, we are committed to providing compassionate and skilled guidance to help you clear as much of your criminal history as possible under the law. Some of the ways we can help include:
Evaluating your case: Not sure if your records can be sealed? We’ll review your criminal history and help determine your eligibility under Nebraska law.
Streamlining the process: Filing petitions, meeting deadlines, and preparing for hearings require precision and in-depth legal knowledge. Our attorneys will make sure everything is completed correctly the first time.
Advocate for you in court: If a hearing is required, we’ll provide compelling evidence and arguments to advocate for the sealing of your records.
Contact an Experienced Attorney Today
If you or someone you know has been charged or convicted of a crime and want to explore whether your criminal records can be sealed, there are legal options available. At Abrahamson Law Office, we have years of experience defending clients in and outside court, including handling cases for sealing records for past crimes or offenses.
Located in Omaha, Nebraska, we serve clients throughout Sarpy County, Douglas County, Washington County, Saunders County, Otoe County, and Dodge County. Contact us today to book a consultation.