Nebraska Misdemeanors

In Nebraska, misdemeanors are classified as offenses that can lead to jail time of not more than one year and/or fines. They are typically not as severe as felonies, which can lead to longer prison terms.

What Is a Misdemeanor in Nebraska?

Nebraska law categorizes misdemeanors into seven different classes, each with its own penalties. Besides these classes,Nebraska has a special Class W for DUI and implied-consent offenses. Some typical examples of misdemeanors in Nebraska include petty theft, third-degree assault (in certain situations), disorderly conduct, and first-offense misdemeanors, which fall under Class W.

Misdemeanor Classes and Penalties in Nebraska

The penalties for misdemeanor offenses are outlined inChapter 28, §106, of the Nebraska Revised Statutes.

• Class I: This is the most serious misdemeanor in Nebraska. It is punishable by up to 1 year in county jail and up to $1,000 in fines.
• Class II: A Class II misdemeanor carries a potential jail time of up to 6 months, a fine of up to $1,000, or both.
• Class III: This class of misdemeanor is punishable by up to 3 months in county jail or $500 fine, or both.
• Class IIIA: This offense is punishable by up to 7 days in county jail or $500 fine.
• Class IV: Class IV offense is punishable by up to $500 in fines. No prison sentence is required.
• Class V: A Class V misdemeanor results in payment of a $100 fine.
• Class W (DUI/implied consent):In Nebraska, if you get your first DUI, you have to spend at least 7 days and not more than 60 days in a county jail. In addition to the jail term, you may be required to pay up to $500. If it is your second DUI, the minimum jail time increases to 30 days (with a maximum of 6 months), and you still incur a $500 fine. For a third DUI, the minimum is 90 days (up to 1 year), and the fine increases to $1,000.

Additionally, courts have the option to impose probation, community service, restitution, treatment or educational programs, and other specific conditions allowed by law. If someone is given probation, a fine, or certain other penalties, they can later request to have their conviction set aside.

Misdemeanor Court Process in Nebraska

Which court hears the case?In Nebraska, county courts handle most misdemeanors, traffic violations, municipal ordinance breaches, small claims, probate matters, and preliminary hearings for felonies. District courts have general jurisdiction and also handle some misdemeanor cases; however,almost all misdemeanor and traffic cases are dealt with in county courts.

From stop to sentencing: a typical path

1. Citation or arrest: Law enforcement either arrests someone or gives them a summons or complaint.
2. First appearance/arraignment (county court): During this hearing, the judge informs the defendant of the charges and their rights, and sets conditions for release. If jail time is a possibility and the defendant cannot afford a lawyer, a public defender can be appointed.
3. Pre-trial & motions: This phase includes discovery, motions, plea negotiations, and any options for diversion or treatment that take place in the trial court.
4. Trial: If you are in Nebraska and you want a jury trial, you must submit a request within 10 days after you plead not guilty. If you do not make the request, your case will go to a bench trial.
5. Sentencing: If a conviction or plea is entered, the judge will impose a sentence within the legal limits for that class of crime.

Misdemeanor Records in Major Nebraska Cities

Nebraska has a statewide trial-court case system known asJUSTICE. Public access is quite broad, and you can search records using either a name or a case number. However, you are required to pay a fee to use the portal. In addition to the statewide public access portal, you can access records via public terminals at courthouses.

• Omaha (Douglas County). In Douglas County, misdemeanors are handled by the County Court. You can access records at the public terminal in the courthouse. For statewide dockets or document images, use the JUSTICE portal.
• Lincoln (Lancaster County). In Lincoln (Lancaster County), the county’s “Courts” hub connects you to online court records, local clerk contacts, and jury calendars. Payments for criminal or traffic cases are processed through the state's Internet Payment System.
• Grand Island (Hall County). In Grand Island (Hall County), the city directs payments for tickets either to Hall County Court or the state citation payment portal. The county also shares court contact information and instructions for public records.

How to Search for Misdemeanor Records in Nebraska

You can search for misdemeanor records in Nebraska by taking the following steps:

1. JUSTICE (statewide trial-court search). You can use the JUSTICE portal to view county/district court cases statewide for a nominal fee. You can search records using name or case number.
2. Judicial Branch eServices. The state has a court case information system that allows users to view case summaries, parties, financials, and images.
3. If it isn’t online (or you need certified copies). You can contact the clerk of the court where the case was filed for certified copies, older documents, or notices about sealed cases.

How Long Does a Misdemeanor Stay on Your Record in Nebraska?

Currently, Nebraska law does not provide for automatic expiration or general removal of misdemeanor convictions. Instead, there are specific pathways for record relief that change how the public can access these records:

According to state law, individuals who were placed on probation or received only a fine or community service can request to have their conviction set aside after fulfilling all the requirements. Additionally, those who were sentenced to one year or less in jail can also petition to have their conviction set aside after serving their time. If a conviction is set aside, it means that the related records are considered void, particularly for civil matters. However, the conviction itself is not erased from the court's records.

In addition,Nebraska’s Adult Record Sealing system allows for the sealing of records that do not involve a conviction. When a record is sealed, it is treated as if it never happened for most public purposes, and it is no longer accessible to the public. However, law enforcement and courts still have limited access, even when permitted.

Without a court order for relief, a misdemeanor conviction can stay on your public record forever. Note that if a conviction is set aside, it will still be visible in the records. However, sealing ensures that public access is completely removed.