Lincoln, NE asked in Criminal Law for Nebraska

Q: Will a misdemeanor fall off my record?

I have a misdemeanor for property damage: vandalism from 2018. I'm curious if this will ever fall off my record or if I could go through the process to get it expunged?

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2 Lawyer Answers
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: Misdemeanors generally remain on your criminal record indefinitely unless you take action to have them expunged. However, eligibility for expungement can depend on various factors, such as the specific offense, your criminal history, and the time that has passed since the conviction.

Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: These type of adult convictions don't fall off your record. Your options are generally either a set aside or a pardon. If you have been law-abiding for a longer period of time and the conviction was a misdemeanor, you may be a good candidate to ask for the Court to "set aside" the conviction. It will still show on your record, but your record will also note that the conviction was set aside. Generally the set aside is filing the set aside action and appearing at one hearing. Thus, it is generally an affordable way to clean up an old misdemeanor conviction. The pardon is also an option but is a much more extensive process and is often used for more serious convictions. Even if you are granted a pardon, the conviction still shows on your record but also shows that the conviction was pardoned. We don't have expungements available for most convictions in Nebraska.

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