Overview Description

A record relating to a delinquency matter where charges were filed but later dismissed must be sealed immediately upon notice of the dismissal. Neb. Rev. Stat. § 43-2,108.03(3), (4).

Ineligible Category or Citation

To be eligible for automatic sealing, any required pretrial diversion or mediation for any related charges must have been completed and no related charges remain under the jurisdiction of the court. R.R.S. Neb. § 43-2,108.03(3).

Procedure General

The procedure is automatic.

Fees

There is no statutory language regarding fees.

Effect

Upon the charges being dismissed, the county or city attorney will notify the government agency and court, who will then immediately seal all the records housed at that government agency and court pertaining to the citation, arrest, record of custody, complaint, disposition, diversion, or mediation. Neb. Rev. Stat. § 43-2,108.03(4).

After the record is sealed, the person whose record was sealed can respond to any public inquiry as if the events resulting in such record never occurred. Neb. Rev. Stat. § 43-2,108.05(2).

Waiting Periods

The records should be sealed immediately upon notice of the dismissal of the charges.

 

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