Nebraska Court Records Search

Nebraska Court Records & Case Lookup

The Nebraska judiciary handles an estimated 272,000 cases annually. From these, 67,000 are civil cases, 17,000 are felonies, and 61,000 are misdemeanor related. There are 81,000 traffic cases, 11,000 on domestic relations, and 500 to 1,000 adoption cases. Unless specifically restricted by law or administrative order, court records are open to any interested party in the state. This is following Statute 84-712, which indicates that all citizens interested in public records can obtain access. That said, there are exemptions.

Confidential information, including bank account numbers, Social Security details, and other identifiers, is redacted. Court records involving juvenile cases or mental health proceedings are also not publicly available. Certain criminal records involving ongoing investigations or certain crimes, as well as expunged records, are also unavailable to widespread access.

Nebraska offers an online portal to search for information on cases heard within the state. This database allows one to search by case number or the party's name. Alternatively, one can seek out the case information from the court clerk, provided it is where the case was heard. If the case was archived, the clerk's office will provide directions on accessing relevant case records.

State of Nebraska Court System

Nebraska has an estimated 110 courts operating within the state. The judicial branch is grouped into the Court of Appeals, Supreme Court, Courts of Appeal, District, and County Courts. Nebraska is also home to Separate Juvenile Courts in Lancaster, Douglas, and Sarpy counties. The Supreme Court and Court of Appeals are the highest-level judiciary institutions. They hear all appellate cases concerning the death penalty or constitutional queries. Aside from appeals, the Supreme Courtis also responsible for regulating the practice of law in the state.

Nebraska's court of appeals entails six separate judges selected by order of the governor using submitted lists by nomination commissions from the Judicial department. It is split into two separate panels with three judges, and they decide on divergent cases to speed up the process. Nebraska's district courts function as the main jurisdiction trial courts. Hence, they hear civil and criminal cases with a few exemptions. The district courts also work as appellates that hear cases from the administrative agencies and county courts.

Nebraska Trial Courts

Nebraska utilizes a two-tier trial court system according to jurisdiction. At the state level, the district courts preside over trial cases and appeals from the lower tiers. There is also one court per county, numbering up to 93. District Trial courts in Nebraska also have original jurisdiction, which means they have the authority to hear and decide cases for the first time before any appeal process review is initiated.

Nebraska District Courts

The district courts exist as Nebraska's main jurisdiction courts, meaning they hear criminal and civil cases. They also function like one of the appellate courts hearing cases from the county level. When operating as an appellate court, the district judge overlooks the testimony and proof from the court or the relevant agency. Every county within the state has a district court clerk who does administrative functions linked to the court. That is provided the county has more than 7,000 citizens. In cases where the population is less, the board and the district judge ascertain whether there must exist a clerk.

Nebraska County Courts

Nebraska county courts are known as trial courts as well, but they have specified select jurisdiction. They may hear about adoption, conservatorship, guardianship, probate, and small claims cases. County courts may also process preliminary hearings concerning felony cases. Preliminary hearings within county courts may be used to see if there is sufficient evidence to determine probable cause for the case. If probable cause is established, the defendant may go on trial within a district court. County courts also have concurrent jurisdiction with district courts regarding family law cases and civil disputes with a cap of $57,000.

Separate Juvenile Courts

There are three different juvenile courts within the state, found in Sarpy, Lancaster, and Douglas counties. Juvenile cases outside of this jurisdiction are overviewed within all county courts. The different juvenile courts handle cases of delinquency, neglect, and dependency. These courts also have jurisdiction over domestic relations incidents involving custody or child support.

Problem-Solving Courts

Nebraska's problem-solving courts are a branch of the Supreme Court acting independently to create innovative ways to make communities safer. The members of these courts include representatives of the courts, law enforcement, the legal community with judges, defense attorneys, and probation departments. They are post-plea intensive supervision programs designed for high-risk persons.

Problem-solving courts typically reduce recidivism and increase community safety through a coordinated response. This utilizes early assessment, individualized treatment, and community supervision. Problem-solving court models include Juvenile Drug Courts, DUI Courts, Young Adult Courts, Mental Health Courts, and Veterans Treatment Courts.

Workers' Compensation Court

The Workers Compensation Court enforces the provisions within the state's Workers Compensation Act. That entails having original jurisdiction concerning worker compensation claims and benefits coming from all occupational injuries. All industrial issues from accidents must be given to this specific court.

Nebraska State Court Records vs. Federal Court Records

Generally, court records refer to documentation generated during legal proceedings. The main difference, however, between Nebraska state and federal court records is in their jurisdiction. State courts handle the cases argued on state laws. Federal courts consider cases where national laws have been breached or during the debate of constitutional issues.

Federal courts typically hear civil, criminal, or bankruptcy cases, while the state courts deal with civil, criminal, juvenile, or probate cases. Interested parties may access federal court records through the Public Access to Court Electronic Records Service. State court records are accessible via the JUSTICE Court Case Search System.

What Are Public and Non-Public Court Records in Nebraska?

In Nebraska, court records are generally open to the broader public, so any interested party can access the information without providing a valid reason. However, depending on the circumstance or information contained, some records are not accessible to all parties. These records are confidential and only accessible to the parties on the record, legal representatives, and others who have approval to view them by court order.

How To Seal or Expunge Nebraska Court Records

Section 29-3523 of Nebraska Revised statutes indicates that any individual who has received a pardon can file a motion with the sentencing court to seal criminal records. This also applies to cases related to the charges. If a record is sealed, the events contextual to the matter are treated as though they did not occur in the first place. Sealed records can still be seen by the party of interest, approved parties, and criminal justice personnel, like law enforcement or court officials.

For one to be eligible to have their criminal records sealed, their charges must fall into one of three groups. It can be a conviction-less charge where the prosecutor brought a case against the defendant, but they were dismissed. It could also be possible if the case resulted in an acquittal. Survivors of sex trafficking may also have their records sealed in Nebraska.

If the party has a conviction that happened because they were a victim of sex trafficking, they can have their records sealed. The last category is individuals who have been pardoned for their crimes. Individuals convicted and served a prison term in the state are not eligible to have their records sealed.

How To Seal Court Records in Nebraska

Interested parties must go through the Motion to Seal an Adult Criminal Record file. It needs to be filed in the court where the case was heard. The rules of the local court apply in this case.

• Check with the clerk's office concerning local rules that need extra attention.
• The courts will then notify the county or the state legal personnel regarding the motion to seal.
• Individuals are advised to prepare their statements, which will be read in court. Prepare to tell the judge the merits of having the record sealed.
• On the day, parties must attend the hearing and testify in open court concerning their court records.
• It is not a hearing to prove innocence, rather this would be a hearing to seal the record so the information given should correspond accordingly.

How To Expunge Court Records in Nebraska

Expunging a criminal record means removing the arrest or charge from the record completely. Expungements in Nebraska are typically rare and only available when there is clear evidence that the charge was an error by law enforcement. To expunge a record in Nebraska, parties may file a petition in the district court where one was arrested and arraigned. This petition should also name the attorney as the respondent and has to be served to them. Based on the subsequent investigation, the courts will determine if the record merits being expunged.

How Do You Access State of Nebraska Court Records?

Nebraska court records are available to all parties, provided there are no contravening legal restrictions on the documents. They can be accessed both offline and online through state-approved platforms.

Online Access to Nebraska Court Records

Nebraska provides access to court records online through the JUSTICE case search system. Interested parties can employ the following steps to access the relevant information.

• Go to the Nebraska Judicial Branch website and navigate to the JUSTICE One-Time Court Case Search link. This is for individuals or groups interested in doing a single search by the artist's name.
• Agree to the terms and conditions of the service and Begin Search.
• There is a $15 charge, which is processed beforehand by credit/debit card.
• The Search should return up to 30 records, including case information.

Some District Courts in particular counties also provide online access to court records via the clerk's websites. Before proceeding, though, it would be advisable to check with the specific county or clerk's office.

In-Person Access to State of Nebraska Court Records

Nebraska courts allow interested parties to access records in person. To access the information, individuals may find out the location of the courthouse where the case was heard and visit it during working hours. Go to the clerk of the court's offices and request access to the appropriate records.

Parties may have to provide the names, case numbers, dates, or other significant information. If the record is restricted, one may have to provide evidence they are a party in the case or have court approval to access the information. Record fees depend on the county the request is being channeled as costs typically vary.

How To Request Judicial Administrative Records

Nebraska's Judicial Branch is the main custodian of judicial administrative records. To access these records, parties may send their request to the Clerk of the Supreme Court, the custodian. Their office is located at:

Requests should be written in writing, including the requester's name, contact details, and record descriptions.

How To Access Older and Archived Court Records in Nebraska

Accessing the older court records of cases heard in the state may entail visiting the specific courthouses, especially if they are not available online. Contact the clerk of the courts to verify the record's availability. Provide information concerning the record, such as names, convictions, or decision dates. Record seekers should also supply their names and photo identification. If the records are not available, older court records may be accessed from the Nebraska State Historical Society by phone or mail.