How Do I Expunge a Minor's Record in Nebraska?
Full Question:
Answer:
Records of juvenile offenses are required to be sealed according to statute when the adjudication is set aside. There is no statutory authority for expunging, or actually erasing, the records. In many states, expungment statutes actually only require sealing the records.
Please see the following NE statute:
43-2,105 Setting aside adjudication; records, sealed; notice of
hearing; violation; contempt.
When the court issues an order setting aside the adjudication under
section 43-247, the order shall also require that all records relevant
to the adjudication be sealed. Such records shall not be available to
the public except upon the order of the court for good cause shown.
The court order may include all records of the court, law enforcement
officers, county attorneys, or any institution, person, or agency
which may have such records. Notice of hearing to set aside the
adjudication and seal the records shall be given to the county
attorney and any person, agency, or institution that may be affected
by such order by delivering by hand or by mailing a copy of the
request by registered or certified mail, together with the order of
the court which states the time for hearing, to the last-known address
of such person, agency, or institution at least ten days before the
date for hearing. Any person who fails to comply with the order of the
court as provided for in section 43-2,104 or knowingly reveals
information covered by such order may be held in contempt of court,
except that this section does not prohibit law enforcement agencies
from maintaining data to assist law enforcement officers, county
attorneys, and sentencing judges in the investigation of crimes and
the prosecution and sentencing of criminal defendants.
Laws 1981, LB 346, § 61; Laws 1995, LB 371, § 18.
The separate juvenile court does not have statutory authority to
order expungement of a juvenile record. In re Interest of P.L.F.,
218 Neb. 68, 352 N.W.2d 183 (1984).
