Search Nebraska Arrest Records Online

What is Considered an Arrest in Nebraska?
Are Arrest Records Public in Nebraska?
What are the Types of Arrest Records in Nebraska?
How Long Do Arrests Stay on the Record in Nebraska?
How To Seal or Expunge an Arrest Record in Nebraska?

What is Considered an Arrest in Nebraska?

A person is said to be arrested in Nebraska when they are taken into custody and deprived of their liberty by legal authority. Several actions may lead to a person being arrested, such as:

Driving under the influence of alcohol or drugs
Shoplifting
Domestic violence, assault, and battery
Violating a court order
Failing to appear for a scheduled court hearing
Breaking, theft, burglary, and other similar crimes
Public intoxication and disorderly conduct
Possession of illegal drug substances or prohibited weapons
Reckless driving

The laws outlining the specific procedures and requirements for arrests in Nebraska may be primarily found in Chapter 29 of the Nebraska Revised Statutes. However, other state and federal laws, such as the Fourth and Fifth Amendments to the U.S. Constitution, also govern arrests and provide essential protections for arrested Nebraskans. Some critical elements of a lawful arrest in Nebraska typically include:

Custody and Control: in Nebraska, once a person is arrested, the officer making the arrest assumes legal control over them. The arrested person is then taken into custody and placed under the supervision of law enforcement officers to ensure their appearance in court.
Legal Authority: duly sworn law enforcement officers are legally authorized under Nebraska law to arrest individuals. While a court-issued warrant is typically required to make these arrests, Nebraska Revised Statues 29-404.02 outlines specific circumstances where an officer may arrest someone without a warrant, such as when they have reasonable cause to believe that the person has committed a felony or domestic violence.
Miranda Rights: under federal law, individuals arrested must be informed of their Miranda rights before being interrogated. These rights are generally a set of warnings (derived from the Supreme Court's ruling in the 1966 Miranda v. Arizona case) informing the arrestee that -
- They have the right to remain silent, and anything they say can be used against them in court.
- They have the right to an attorney of their choosing and will get a court-appointed attorney if they cannot afford one.
Restraint and Transport: per Nebraska Revised Statutes 28-1412, law enforcement officers are generally permitted to use reasonable force when making arrests to restrain the individual and prevent them from escaping. Once the arrestee is restrained, they are transported to a police station or detention facility for booking.
Booking Process: after an arrest, the arresting officer must book the individual. This process takes place at the police station (or other authorized detention facility) and generally involves recording the arrestee's personal information (like their name and age), fingerprinting and photographing them, listing the charges against them, and documenting any evidence collected during the arrest.

Note that although both actions restrict a person's freedom, being arrested and detained are not the same. An arrest involves taking an individual into custody based on probable/reasonable cause, meaning there is a reasonable belief that the person committed or is about to commit a crime – a person may also be arrested if they are caught in the act of committing a crime. Detention, however, refers to a temporary stop where law enforcement questions an individual based on reasonable suspicion that a crime has or is about to be committed. Reasonable suspicion is a lower legal standard than probable/reasonable cause, and the individual is usually free to leave unless the officer gathers enough evidence or develops probable cause during the detention to make an arrest.

What is Unlawful Arrest in Nebraska?

Unlawful arrests in Nebraska generally occur when a person is arrested without proper legal authority, justification, or adherence to the legal procedures and requirements outlined by the Nebraska Revised Statutes (and other relevant federal laws). Several factors may lead to an arrest being deemed unlawful in Nebraska, typically including:

Lack of Probable Cause: Nebraska law mandates that officers must have probable cause (sometimes called reasonable cause) to arrest an individual. Probable cause is a legal standard requiring that there be enough evidence or reasonable grounds to believe that a person has committed or is in the process of committing a crime. Without this, the arrest is considered unlawful.
Violation of Constitutional Rights: any arrest that violates a person's constitutional rights is deemed unlawful. This typically includes arrests that involve unreasonable searches and seizures, in violation of the Fourth Amendment to the U.S. Constitution and Nebraska State Constitution Article I-7, as well as arrests based on racial profiling or discrimination, which violate the Fourteenth Amendment Equal Protection Clause.
Procedural Violations: specific procedures have to be followed when making an arrest in Nebraska; otherwise, the arrest may be deemed unlawful. For instance, the arresting officer must inform the arrestee of their Miranda rights, which include the right to remain silent and the right to an attorney.
Arrest Without a Warrant: Nebraska Revised Statutes 29-404.02 allows for warrantless arrests to be made under specific conditions. These generally involve situations where the officer has reasonable cause to believe that a felony has been committed or that a person who has committed a misdemeanor will flee, destroy evidence, or hurt others if not arrested right away. However, if an officer arrests without a warrant outside of the scenarios outlined in this law, the arrest may be considered unlawful.
Arrest Outside Jurisdiction: while Nebraska law enforcement officers generally operate within specified jurisdictions, these officers are authorized to exercise their powers and make arrests outside their primary jurisdictions in certain situations (Nebraska Revised Statutes 29-215). These include when attempting to apprehend a suspected felon – arrests in these situations may be made anywhere in the state, or someone suspected of committing a misdemeanor – in this case, the arrest must be made within 25 miles of the officer's primary jurisdiction. Any arrest made outside the arresting officer's jurisdiction that is not covered by this law may be deemed unlawful.
Mistaken Identity: situations where the wrong person is arrested, whether due to miscommunication, poor investigative procedures, or other factors, are generally deemed unlawful.

Unlawful arrests often result in emotional distress and damaged reputations for the person arrested, as well as a loss of public trust on the part of law enforcement. Other outcomes of these types of arrests typically include:

Evidence Exclusion: evidence obtained through an unlawful arrest may be excluded from court under the "fruit of the poisonous tree" doctrine, which states that evidence obtained illegally cannot be used in court.
Dismissal of Charges: in some cases, charges resulting from an unlawful arrest may be dismissed due to the unconstitutional nature of the arrest.
Civil Lawsuits: individuals who have been unlawfully arrested in Nebraska may pursue civil claims under Title 42, Section 1983 of the U.S. Code and seek compensation for civil rights violations, emotional distress, and other damages caused by the arrest.
Disciplinary Actions and Possible Criminal Charges: officers who carry out unlawful arrests may face disciplinary actions, including suspension or termination of employment. In some cases, they may also face unlawful imprisonment criminal charges (Nebraska Revised Statutes 28-314 and 28-315), especially if it is determined that the unlawful arrest was carried out intentionally and with malicious intent.

Are Arrest Records Public in Nebraska?

Arrest records in Nebraska are considered public, and interested parties may access them under the state's Public Records Statutes. These records typically contain information like:

The arrestee's name and age
The date, time, and location of the arrest
The name of the arresting officer and their law enforcement agency
Details of the offense(s) that led to the arrest

Mugshots are also considered public information and readily accessible to interested parties. However, while arrest records are generally public, there are exemptions where certain records are deemed confidential and exempt from public disclosure. These exempt records typically include juvenile arrest records, records that reveal the identity of sexual assault and sexual trafficking victims, and records about ongoing/active investigations.

What are the Types of Arrest Records in Nebraska?

Arrest records in Nebraska are available at both local and state levels. At the local level, these records are created and maintained by police departments and sheriff's offices; these agencies are responsible for documenting the arrests made within their respective jurisdictions and making copies of these records available to interested parties upon request. At the state level, the Nebraska State Patrol collates records of arrests carried out across Nebraska and uses these to prepare criminal history information, which are comprehensive records that include details on arrests, charges, court outcomes, and other related criminal information.

Where are Arrest Records Kept in Nebraska?

Copies of Nebraska arrest records are generally maintained by several government agencies, including:

Police Departments and Sheriff's Offices: city police departments, county sheriff's offices, and other local law enforcement agencies in Nebraska maintain records of arrests that occur within their jurisdictions. These records typically include details on the arrestee, the arresting officer, and the incident leading to the arrest.
The Nebraska State Patrol: the Nebraska State Patrol keeps records of arrests handled by state troopers and also compiles statewide arrest records, serving as the state's central repository for criminal history information.
The Nebraska Judicial Branch: courts in Nebraska maintain records of criminal cases, which typically include details of the offenses that led to the arrest and charges being filed, the trial proceedings, and the outcome of the case.
The Nebraska Department of Correctional Services (NDCS): the NDCS keeps records of individuals who were arrested and subsequently incarcerated. These records provide information on the inmate, a description of the offense(s) that resulted in their incarceration, sentencing information, and custody status.
Federal Agencies: agencies like the FBI keep records of individuals implicated in or arrested for federal offenses in Nebraska and also have access to state-level arrest records.

How To Find Public Arrest Records in Nebraska?

Interested parties may find and obtain copies of public arrest records in Nebraska through any of the following methods:

Contacting a Local Law Enforcement Agency: contacting a city/county-level law enforcement agency is a common method for accessing public arrest records in Nebraska. Some agencies may provide online access to recent arrest logs, incident reports, or warrant information, while others require requesters to submit written requests either in person or by mail. However, regardless of the available request options, it is important to note that these local police departments and sheriff's offices typically only keep records of arrests made within their primary jurisdictions. It is also advisable to contact the agency beforehand to understand its specific procedures for accessing records and the applicable fees.
Requesting a Criminal History Record from the Nebraska State Patrol (NSP): interested parties may access arrest records in Nebraska by requesting a criminal history record from the NSP. The NSP offers two options for these requests: name-based searches, which are available to everyone, and fingerprint-based searches, which are only available to specific authorized parties. Name-based searches cost $15.50 and generate a RAP sheet, which will typically include details of an individual's arrests and the resulting legal outcomes of these arrests. Requests may be made online or by submitting a completed Criminal History Record Request form in person or via mail to the NSP. Note that, per Nebraska Revised Statutes 29-3523, arrests for which no charges were filed or where the charges were dismissed are typically redacted from public disclosure.
Through the JUSTICE Court Case Search System: the Nebraska Judicial Branch provides an online system that may be used to search for criminal case details and access information on the parties involved, the incident/offense that led to charges being filed, and the outcome of the case. This service costs $15 per search, and copies of records unavailable online may also be requested in person at the courthouse where the case was heard.
Using a Third-Party Website: various third-party websites provide access to Nebraska public records, including arrest records. Platforms like RecordsFinder generally allow users to perform name- and location-based searches and offer a convenient method of obtaining available public arrest records. However, it should be noted that most third-party websites are not government-affiliated, and the availability of information may vary by platform.

How Long Do Arrests Stay on the Record in Nebraska?

In Nebraska, arrests typically remain on an individual's criminal record indefinitely unless specific legal actions are taken to seal or expunge them. Nevertheless, arrests that did not lead to a conviction (either due to a dismissal or acquittal) are usually sealed automatically. Juvenile records are also automatically sealed once the case is closed. In situations where this does not happen, the person named on the record must take steps to have it sealed.

How To Seal or Expunge an Arrest Record in Nebraska?

Under Nebraska law, certain criminal records may be sealed; this process effectively hides them from public view. Nebraska also has an expungement process, which destroys the record; however, these are rare and only available in situations where the individual may present clear and convincing evidence that their arrest was due to a law enforcement error.

There are two main options for sealing a criminal record in Nebraska - adult record sealing and juvenile record sealing:

Adult Record Sealing: this option is only available for non-convictions (these are typically sealed automatically), convictions from crimes committed by sex trafficking victims, and convictions that have been pardoned. Eligible parties must file a Motion to Seal an Adult Criminal Record (Form CC 6:12) with the court that handled the case (the Nebraska Judicial Branch provides an instructional guide for completing this form). Once the motion is properly filed, the court will notify the county or city attorney and set a date for a hearing, during which both the petitioner and prosecutor would be given opportunities to air their opinions on the motion to seal. After this, the court will review the matter and decide whether to grant or deny the motion. If granted, information about the arrest and conviction will be removed from public record.
Juvenile Record Sealing: juvenile records in Nebraska are typically sealed automatically if the individual was less than 18 years old when the incident occurred, and they meet any of the following conditions:
- No charges (including juvenile allegations) were filed against them
- The charges were dismissed
- They have completed a court-approved diversion, restorative justice, mediation, supervision, probation, or other treatment or rehabilitation program
- They were found responsible for a felony adjudicated in juvenile court, a misdemeanor, or an infraction (excluding traffic offenses that did not require a court appearance) and have satisfactorily completed their sentence or probation (including paying all court-imposed fines and restitution).

In situations where records eligible for automatic sealing are still publicly available, the individual must notify either the court or county attorney, whichever is applicable, to seal the records. On the other hand, individuals whose records aren"t eligible for automatic sealing may petition the court to seal the record once they reach the age of majority (19 years) or six months after the case was closed. To do this, the person named on the record, their parent, or legal guardian must file a motion using one of the following forms:

Motion to Seal Records [Juvenile] (Form JC 15:1) – for cases heard in a juvenile court (instructional guide for completing Form JC 15:1)
Motion to Seal Records [County Court] (Form JC 15:3) – for cases heard in a county court (instructional guide for completing Form JC 15:3)

Similar to the procedure for sealing adult records, the county attorney will be allowed to object to the motion, and the court may schedule a hearing if necessary. The court typically reviews the individual's level of rehabilitation when making its decision. In situations where the motion is denied, the petitioner must wait at least one year before filing another motion to seal their juvenile records.

Once a record is sealed (whether adult or juvenile), it is no longer available to the public, and the person named on the record may legally deny its existence when applying for jobs, licenses, scholarships, and other similar applications. However, the record will still be accessible to criminal justice agencies, typically such as law enforcement, prosecutor's offices, and courts, as well as certain agencies, like the Department of Human and Health Services. It should also be noted that sealing a record does not remove evidence of the charge or conviction from private websites or databases.