Nebraska Criminal Records
What are Criminal Records?
Nebraska criminal records are official documents that detail the criminal history information of persons within the state. These records encompass the subject’s criminal activity, arrest history, indictment records and incarceration information (if applicable). This is assembled by retrieving data from a variety of sources including locally operated law enforcement offices and repositories as well as state-run trial and appeal courts correctional facilities and depositories.
What’s contained in Criminal Records?
Criminal records in the state of Nebraska generally comprise the following:
- The full name and alias of the subject
- A mugshot, set of fingerprints and detailed description of unique identifiers such as tattoos, piercings, etc.
- Race and/or ethnicity
- Date of birth
- Arrest data and outstanding warrants
- Conviction history and pending dispositions
What are Arrest Records?
Nebraska arrest records are official documentation that provides information regarding persons who have been apprehended and detained following their alleged involvement in a crime. These records are primarily generated by the arresting agency and may contain details of the alleged crime as well as the personal data of the arrestee, the name, and place of the arrest and the address of the holding facility where the subject(s) is/was detained.
Arrest records are not definitive proof of the suspects involved in the alleged crime, unless if accompanied with details of related indictments, charges or sentences. As per U.S. law, these documents may be considered public record unless otherwise ruled by a judge or magistrate.
What is a Nebraska Arrest Warrant?
Nebraska arrest warrants are signed judicial orders that provide legal authorization to law enforcement agencies to take persons into custody. Warrants are typically issued by a judge following a request from the arresting agency or the district attorney. To obtain a warrant the requestor may be required to present substantial proof or reasonable cause of the suspects involved in the alleged crime. Warrants also authorize law enforcement agencies to enter and search and/or seize the private property of the prospective arrestee. Nebraska state warrants typically include:
- Details of the alleged criminal offense
- Personal data of the arrestee
- The place, date and time that the arrest may be conducted
- An expiry date (except bench warrants)
- The name of the issuer/the date it was issued
- Bail/bond conditions (if applicable)
Can Arrests be Made Without a Warrant?
Nebraska state law allows law enforcement officers to make arrests without warrants in cases where the officer was a witness to the crime or the arrestee is suspected to have committed a felony.
What are Misdemeanors?
Nebraska misdemeanors are non-indictable crimes which are less serious than felonies and often attract penalties of less than one year in jail. In the state of Nebraska, misdemeanors are categorized in classes based on severity. They include Classes I, II, III, IIIA, IV, V and W misdemeanors. As per Nebraksa state laws, Class I and Class W are the most serious misdemeanors. Possible punishment for Class I misdemeanors may include a punishment up to one year in jail, a fine up to $1,000 or both. The penalty for Class W misdemeanor varies, depending on whether the offender is convicted of a first, second or third DUI offense, but the maximum possible sentence ranges from 60 days to one year in jail and a $500 to $1,000 fine. Some examples of Nebraska misdemeanors include:
- Class I Misdemeanors: Impersonation, third degree assault
- Class II Misdemeanors: second-degree tresspassing, hazing
- Class III Misdemeanors: littering
- Class IIIA: Owning a dangerous dog
- Class IV: Some gambling-related crimes
- Class V: Underage use of tobacco and other smoking products
What are Felonies?
Nebraska felonies are considered the most serious criminal offenses in the state. They attract penalties that often exceed I year imprisonment and in some cases may be punishable by the death sentence. The exact sentences for felonious crime will be impacted by the severity of the crime and the individual criminal history. As such, it may differ between circumstances. While some felonies have specific sentencing requirements in addition to the basic sentence. Sentences can also be increased for the second or later offense of some crimes. The following are the categories into which Nebraska felonies are split and examples of the crimes for each class
- Class I Felony ( the most serious felony, punishable by the death penalty): first degree murder
- Class IA Felony (punishable by life imprisonment): kidnapping and arson
- Classes IB, IC, ID, and II (punishable by 1 year to 50 years in prison): manslaughter, robbery, possession of illegal substances, human trafficking respectively
- Classes III, IIIA, and IV ( punisable by 1 year to 50 years in prison or fines up to $25,000): forgery, drug distribuition and assisted suicide respectively.
Nebraska Sex Offender Listings
A Nebraska sex offender listing refers to a registry of persons who have been convicted of committing a sex-related crime. As per Nebraska state law, these listings are made at the discretion of the Jugde who essentially decides whether a person should be registered as part of the penalty for their crimes. In some cases a judge may order an adult to register as a sex offender if the crime convicted of involves sexual motivation.
Sex offender listings are primarily managed by the law enforcement agencies of various jurisdictions. However, the Nebraska State Patrol also maintains a statewide registry of sex offenders which features the names, locations and compliance status of offenders across the state. The registry can be searched by name, region or location.
Nebraska Megan’s Law
Megan's Law is the term for state laws that create and keep up a sex offender registry, which provides information on registered sex offenders to the public. The first Megan's Law appeared after the rape and murder of 7-year-old New Jersey resident Megan Kanka by a sex offender who lived in the girl's own neighborhood. Soon after passage of this first Megan's Law, the federal government requires all states to set up sex offender registries and offer the public information about those registered. As of January 1, 1997, registration in Nebraska is mandatory for anyone who pleads guilty or has been found guilty of any sex offense.
What are Serious Traffic Violations?
A serious traffic violation in the state of Nebraska are road-traffic offenses that involves the willful disregard for public safety and often results in property damage, serious bodily injury and in some cases death. Persons who are found guilty of traffic violations, have points indicated on their Nebraska driving record which remains so for 2 years and automatically increases auto insurance rates while persons who accumulate 12 points within 2 years, run the risk of having their drivers license suspended by the Nebraska Department of Motor Vehicles. In addition to this, road-traffic offenders are also issued tickets which usually require them to pay a fine. While Nebraska traffic ticket fines are consistent across the state, court costs often vary by county.
What is a Conviction Record?
Nebraska conviction records are official documents that provide information pertaining to the final judgements and/or sentencing following an indictment and court hearing. These records typically detail the plea of the accused, their official plea in court (guilty, not guilty or no contest) and the final resolution. Conviction records are only created subsequent to the offender’s conviction and sentencing and provide information regarding the subjects criminal charges etc. Conviction records also detail the sentence of the accused whether prison time, fines or community service. However, these records exclude final judgments relieved by pardon or set aside/reversed.
What are Jail and Inmate Records?
Nebraska jail and inmate records are official documents pertaining to persons who are incarcerated within the state and correctional facilities in which their housed within the states jurisdiction These records often detail the inmate-specific data such as the full name and alias, their birth date, nationality/ethnicity, gender, and other biological information as well as crime-related data such as their criminal indictments and sentences.
Generally, most inmate-related information can be accessed by the public. Nebraska Department of Corrections maintains an inmate database which is searchable online and can provide both general and inmate-specific information such as an inmates biodata and criminal charges as well as the detainee's incarceration date and prospective release date. Any information unavailable on the online database may be obtained by querying the facility where the inmate is being housed.
Where to find Parole Information
Nebraska parole records are primarily maintained by the Nebraska Board of Parole which is tasked with making all parole-related decisions of the state government. Parole records are official documents which include information about the release of a prisoner who was set free before completion of their maximum sentence. Upon getting paroled,, the board shall require, as a condition of parole, that the offender make a monthly payment of a designated supervision fee. The board may also impose any conditions of parole to make sure the best interests of the prisoner and the citizens of Nebraska are served.
What are Probation Records?
Nebraska probation records are official documents indicating that an inmate has been allowed to serve their sentences out of custody and under strict supervision. These records feature the personal information of the inmate concerned as well as the required conditions imposed by the judge and probation officer as well as the length of the sentence. Probation sentences are typically issued in proportion to the crime committed and its conditions are also impacted by the severity of the crime as well as the individual’s criminal history. Thus, the nature of a probation may vary from one offender to the other.
What are Juvenile Criminal Records?
A juvenile criminal record in the state of Nebraska refers to records pertaining to the criminal activity of children or adolescents in the state. As per Nebraska state laws, these records are confidential and members of the public have limited rights to attend hearings involving persons under legal age. Juveniles are not considered convicts but delinquents if proven guilty of a crime. Juvenile criminal records which often include arrest records, detention center records, and records of proceedings involving juveniles are confidential but remain accessible to landlords, school organizations and employers unless the individual petitions to have it expunged. Persons found adjudicated delinquent to a criminal offense, may not respond “yes” if asked whether they have ever been convicted of a crime, unless if probed specifically regarding adjudicated delinquency.
Nebraska History and Accuracy of Criminal Records
The accuracy of the data of criminal records depends on the recordkeeping and technological capabilities of the jurisdiction where the record was assembled and later digitized. Nebraska criminal records archives usually tend to go back as far as the 1970s. Criminal and arrest data were centralized and compiled into an organized database much like we use today. Accuracy was more commonly affected by human error in the past. In the 1990s the quality and accuracy of record-keeping improved exponentially due to the advent of the computer. As a result, the information provided on StateRecords will vary from person to person.
How to Find Criminal Records in Nebraska
Nebraska's criminal record information is pooled by the Nebraska State Patrol and managed by the state’s Investigative Services Division. The division organizes criminal records in public-access archives and online depositories. Records may be accessed in the form of a Background Check Report. These reports may also be obtained online or through a variety of sources such as law enforcement offices, local and state courts, and databases.
Following the non-standardized state level protocols, storage classifications, requirements, organization and digitization processes employed by different resources, the criminal records information presented on StateRecords.org varies between subjects.