Nebraska Arrest Records

According to the State Commission on Law Enforcement and Criminal Justice, there were 38,027 arrests in Nebraska in 2022, a slight decrease of 0.32% compared to the 38,149 arrests in 2021. The top five categories with the most arrests in 2022 were drug abuse violations (7,446), driving under the influence (4,807), simple assault (3,858), larceny (3,193), and liquor law violations (2,206).

Adult (persons aged 18 and over) arrests decreased by 2.4%, with 33,117 arrests in 2022 compared to 33,921 in 2021. However, juvenile (persons aged 17 and under) arrests increased by 16.1%, rising from 4,228 in 2021 to 4,910 in 2022.

What Is an Arrest Under Nebraska Law?

In Nebraska, an arrest is generally the seizure of an individual by a law enforcement officer or other person authorized by or under law to make arrests. The seizure of the arrestee may be voluntary or involuntary but is based on legal authority.

Type of Arrests in Nebraska

If you have violated a law in Nebraska, the state typically provides for an arrest to be made with or without a warrant.

Warrant Arrest

A warrant arrest may be made in Nebraska with an arrest warrant or a bench warrant. An arrest warrant is generally an official document issued by a magistrate or judge authorizing the arrest and detention of a person suspected to have committed a crime. According to Chapter 29-404 of the Nebraska Revised Statute, a magistrate or judge may only issue an arrest warrant upon filing a complaint, typically by a law enforcement officer, charging that the person to be arrested has committed an offense against Nebraska laws. After, the magistrate or judge must have reasonable grounds to believe that the offense has been committed before issuing the arrest warrant. Probable cause exists if there are facts, circumstances, and reasonably trustworthy information sufficient to warrant an individual of reasonable caution to believe that an offense has been or is being committed.

A bench warrant may also make a Nebraska arrest. A bench warrant is a legal order issued by a judge authorizing law enforcement to arrest or detain an individual for failing to comply with a court order. While similar to an arrest warrant, the judge initiates a bench warrant, whereas an arrest warrant is filed by law enforcement and then approved by a judge. Also, an arrest warrant is issued in connection with suspected criminal activity, while a bench warrant specifically addresses violations of court rules, such as missing a court appearance or failing to pay fines.

Warrantless Arrest

Per Chapter 29-404.02 of the Nebraska Revised Statute, a law enforcement officer may arrest a person without a warrant if the arresting officer has reasonable grounds to believe that such an individual has committed:

• A felony
• A misdemeanor and the arresting officer has reasonable cause to believe that the arrestee will not be apprehended unless promptly arrested, may cause injury to themself or others or damage to property unless promptly arrested, may destroy or conceal evidence of the commission of such misdemeanor, or has committed a misdemeanor in the presence of the arresting officer
• One or more of the following to one or more household members, whether or not committed in the presence of the law enforcement officer:
  • Attempting to cause or knowingly and intentionally causing bodily injury with or without a dangerous instrument
  • Engaging in sexual contact or penetration without consent
  • Placing, by physical menace, another individual in fear of imminent bodily injury

Anyone arrested without a warrant according to Chapter 29-404.02 of the Nebraska Revised Statute must appear in court in the county of arrest no later than a week after the arrest. The state typically allows the appearance to be in person or conducted remotely via videoconferencing.

What Are Nebraska Arrest Records?

Nebraska arrest records are records generated or maintained by law enforcement agencies in the state detailing the information and circumstances surrounding the arrest of an individual. Typically, these records include:

• Personal Information: The arrestee's full name, date of birth, gender, race, and physical description.
• Arrest Information: The date, time, and location of the arrest, the arresting agency, charges filed, and the case number.
• Booking Details: Information about the booking process, such as mugshots, bail amount, and custody status.
• Fingerprint Data: The individual's fingerprint classification and identification number are used to link to other criminal records.

Note that Nebraska arrest records and criminal records are typically not the same. Arrest records only reflect information on the arrests of the persons named on them, while a criminal record includes information on the whole legal process and outcome, comprising arrest and conviction information. A Nebraska criminal record typically contains information about arrests, charges filed, indictments, pleas, verdicts, convictions, sentencing, and parole or probation status.

How Can Arrest Records Be Accessed in Nebraska?

You may access Nebraska arrest records in the following ways:

Nebraska State Patrol

You may access arrest records via a request for a Record of Arrest and Prosecution (RAP sheet) from the Nebraska State Patrol. The RAP sheet includes Nebraska arrests where the individual named on the record was fingerprinted and the resulting dispositions. Records from the Nebraska State Patrol may be obtained via name-based criminal history reports and fingerprint-based national background check requests. You may request online (costs $15.50), in person, or by mail. If you make a request in person or by mail, you may pay the $15.50 fee by cashier's check, personal check, or money order. In-person and mail requests required a completed Criminal History Record Request form. For an in-person request, visit any Nebraska State Patrol Troop Area office. For a mail request, send the completed form and payment (made to the Criminal Identification Division) to:

Nebraska State Patrol

Criminal Identification Division

P.O. Box 94907

Lincoln, NE 68509-4907

Local Law Enforcement Search

Arrest records are generally maintained at the local level in Nebraska by police departments and sheriff's offices. These agencies are responsible for keeping detailed arrest records within their jurisdictions and can provide access to them upon request. By visiting a police department or sheriff's office where an arrest was made, you may access the records of arrests made in that jurisdiction. Some offices may also allow requests over the phone or online.

Nebraska Court Record Search

Since arrest records are often linked to criminal cases, court records are another way to access arrest records in Nebraska. Court records are generally public and can be accessed online or in person. The Nebraska Judicial Branch allows public access to court records through its online case search system. Arrest records that are part of a criminal case file may be available in this system. You may search the records of the courts in the state by entering the individual's name, case number, or date of arrest. If an online search is unavailable, you may visit the court clerk in the county where the arrest occurred. Court clerks maintain records of all cases filed within their jurisdiction, including the arrest records associated with these cases.

Third-Party Databases

Some third-party websites generally compile public records from multiple sources, including law enforcement databases, public registries, and court records. For many of these services, a fee is required to search their databases. While it may be convenient to perform an arrest record search via this method, you must verify the accuracy and validity of the information obtained from them, as they are often not affiliated with the Nebraska government.

How Long Will an Arrest Report Stay on Your Nebraska State Records?

Arrests that result in a criminal conviction remain on record permanently in Nebraska. However, for arrests where no charges were filed, charges were dismissed, or the defendant was acquitted, the retention period varies based on the nature of the crime. For instance, misdemeanor arrests may qualify for sealing one year after the arrest date. Felony arrests that resulted in dismissed charges or acquittals may become eligible for sealing or expungement three years after the arrest.

Can You Expunge Your Arrest Records in Nebraska?

Expungement in Nebraska is a legal process by which certain records of arrests or criminal charges are made inaccessible to the public. However, unlike some states that offer comprehensive expungement options, Nebraska's laws regarding record expungement are restrictive. Nebraska generally allows people to expunge an arrest record only when an arrest occurred due to mistaken identity or a wrongful arrest per Section 29-3523 of the Nebraska Revised Statutes. To have such an arrest expunged, you must file an expungement petition with the district court for the county where the arrest occurred.

Nebraska also allows for the sealing of adult records and juvenile records. Sealing is not the same as expungement in the state. Once a record is sealed, the record is no longer accessible to the general public, and all associated information is kept confidential. However, there are exceptions where sealed records may still be accessed. These include situations where the individual consents to the release of the record or requests access personally. Additionally, criminal justice agencies, such as police departments, sheriff's offices, and prosecutorial offices, generally retain the authority to view sealed records for law enforcement purposes

For an arrest record related to a criminal record to be sealed, it must belong to one of the following categories:

• Conviction-less charges: A conviction-less charge is when the charge filed was dismissed or when the case resulted in an acquittal or being found not guilty
• Survivors of sex trafficking: Nebraska allows persons who have a conviction that occurred due to them being subjected to sex trafficking to have that conviction set aside. If the conviction is set aside, they can ask to have the record sealed
• Convictions that have been pardoned: If you have obtained a pardon, you may have the record of the pardoned conviction sealed.

To file for record sealing in Nebraska, you must first gather the documents that may be needed to complete the process. These documents typically include a copy of the arrest record and court records like copies of the case dismissal or the acquittal judgment.

After, file a motion to seal an adult criminal record in the court in the jurisdiction where the case was heard. The court will often schedule a hearing to review the sealing motion. At this hearing, you or your attorney may need to present arguments as to why the record should be expunged. The prosecuting attorney will also have the opportunity to oppose the request.

The judge will evaluate the petition based on the facts of the case, your criminal history, and whether the sealing is in the interest of justice. The judge will issue an order to seal the arrest record if the petition is granted. In addition, the arresting law enforcement agency and other relevant state departments will receive the court's order and update their records accordingly.

If your record is sealed, you may answer questions as though the record does not exist when applying for jobs, licenses, or scholarships.

Is a Citizen's Arrest Legal in Nebraska?

Under Chapter 29-402 of the Nebraska Revised Statute, a person who is not a law enforcement officer may arrest another person without a warrant if a petit larceny or felony was committed, and there is reasonable ground to believe the arrestee is guilty of such offense. In such an instance, the private citizen may detain the arrestee until a legal warrant is obtained or a law enforcement officer arrives.

Also, under Chapter 29-742 of the Nebraska Revised Statutes, a private person may arrest another, without a warrant upon reasonable information that the arrestee remains charged in the courts of any state with an offense that is punishable by death or imprisonment for a term not more than one year. When an arrest is made in this manner, the arrestee must be taken before a magistrate or judge as soon as possible and a complaint must be made against the arrestee under oath, outlining the reason for the arrest.

How to Look Up Arrest Warrants in Nebraska

You may look up arrest warrants in Nebraska in the following ways:

Visiting Local Law Enforcement Offices

Local law enforcement agencies in Nebraska, such as county sheriff's offices and police departments, generally keep records of outstanding arrest warrants in their jurisdictions. Therefore, you may contact these agencies to look up arrest warrants, depending on the method of access permitted. Some agencies allow online arrest warrant lookups, such as the City of Lincoln Police Department, Gage County Sheriff's Office, Sarpy County Sheriff's Office, Cass County Sheriff's Office, and Adams County Sheriff's Office. Alternatively, requests for arrest warrants in jurisdictions where an online search resource is unavailable may be made over the phone or via an in-person visit.

Nebraska Courts

Since courts issue arrest warrants, checking and checking court records is a reliable way to look up arrest warrants. Once a judge issues an arrest warrant, it becomes part of the court records maintained by the clerk. You can look up arrest warrants in person by contacting the court clerk where the warrant was issued or online via the Nebraska Judicial Branch JUSTICE case search system. Court clerks can provide copies of records that may include arrest warrant information. Depending on the jurisdiction, court clerks may allow in-person requests or offer mail or email services to obtain warrant-related information.

The Nebraska Judicial Branch JUSTICE case search system allows individuals to search for case-related information, including arrest warrants. This system provides online access to case files, which may include details about warrants issued as part of ongoing criminal proceedings. Searches can be performed using the individual's name, case number, or other identifying information.

Third-Party Websites

Certain third-party websites aggregate public records from various sources, including arrest warrants. Some of these sites offer paid services for accessing warrant information from multiple jurisdictions across the United States, including Nebraska. However, verifying the accuracy of the information obtained from such third-party sites may be difficult as they are not affiliated with official Nebraska government sources.

Hiring an Experienced Attorney

You may also hire a criminal defense attorney to look up an arrest warrant for you. Due to their professional network, defense attorneys may be able to gather warrant information more efficiently and quickly than members of the public. Also, if a warrant is found for you, an experienced defense attorney may be able to negotiate terms for surrender or resolve the matter without the individual facing immediate detention.