What defines a Criminal Record in Nebraska?
A criminal record is as an official document that records a person’s criminal history. The information assembles updated local, county and state jurisdiction records as well as trial courts, courts of appeals and county and state correctional facilities.
While the standard for criminal record collection and storage varies from county to county, the majority of Nebraska criminal records are organized in online record depositories that are available to the public in the form of a Criminal Background Report. This report is accessed through a number of courts, police departments, and the official Nebraska State Records Online Database.
The amount of criminal records information presented on StateRecords.org will vary from person to person. This is because the different resources used to collect information often have non-standardized state level protocols, storage classifications, requirements, organization and digitization processes. Criminal records in the state of Nebraska generally include the following subjects:
Nebraska Arrest Records
An arrest record is an official document providing information about a person questioned, apprehended, taken into custody, or placed in detention. It also includes information if they are held for investigation and/or charged with, indicted or tried for any felony, misdemeanor or other offense by any law enforcement or military authority. In Nebraska, a person is arrested once they commit a misdemeanor amounting to a minor of an act as a breach of the peace, or if they commit a felony where there are reasonable grounds to believe they committed the crime.
Nebraska Arrest Warrants
An arrest warrant is an official document signed and issued by a judge or magistrate on behalf of the local and state jurisdictions. It authorizes a police officer to arrest or detain the person or people named in the warrant or to search and seize the individual’s property.
In Nebraska, an arrest warrant is issued and signed by a judge, rendering the full name, surname and listing the crime the offender has committed. Officers may also make arrests without warrants. In most cases, the crime would have to be committed in front of the law enforcement officer or the law enforcement officer.
A misdemeanor is a non-indictable offense and is generally less severe than felonies. Like felonies, a misdemeanor charge is classified by a number-based system designed to describe the severity of the alleged crime. A misdemeanor crime is less serious than a felony. Nebraska has seven classes of misdemeanors: Class I through Class V misdemeanors, a Class IIIA misdemeanor and a Class W misdemeanor. 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.
A felony offense is a criminal conviction with a minimum sentence of more than 1 year. It is served in a county jail or state prison. In some cases, a felony conviction can even be punished by death. The sentences for felonies in Nebraska can differ from crime to crime. 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.
Class I felony is the most serious felony, punished by the death penalty. Class IA felony is punished by life imprisonment. Classes IB, IC, ID, and II are punished from 1 year to 50 years in prison. Classes III, IIIA, and IV are usually punished from 1 year to 50 years in prison or fines up to $25,000, or both.
Nebraska Sex Offender Listing
A sex offender listing is a registry of persons convicted of committing a sex crime. In most cases, jurisdictions compile their laws into sections, such as traffic, assault and sexual. Judges are given discretion as to whether they need registration for crimes besides the charges listed under the sex offender registration law. A judge may order an adult to register as a sex offender if the crime convicted of involves sexual motivation.
Nebraska Serious Traffic Violation
A serious traffic violation tends to involve willful disregard for public safety, death, serious bodily injury, damage to property and multiple minor traffic violations. Nebraska traffic ticket fines are consistent across the state. However, court costs will vary by county. If the court finds you guilty of a traffic violation, you'll receive points on the Nebraska driving record that remain for 2 years. You may also see an increase in your auto insurance rates. If you accumulate 12 points within 2 years, the Nebraska Department of Motor Vehicles will suspend the Nebraska driver's license.
Nebraska Conviction Records
A conviction record is a document providing information that a person is found guilty, pleaded guilty or pleaded no contest to criminal charges in a civilian or military court. The criminal charges are classified as a felony, misdemeanor or other offense. Conviction also includes a person judged delinquent and less than honorably discharged or placed on probation, fined, imprisoned or paroled. A criminal conviction is rendered by either a jury of peers or a judge in a court of law. A conviction does not include a final judgment deleted by a pardon, set aside, reversed or otherwise rendered inoperative.
Nebraska Jail and Inmate Records
Jail and inmate records are official documents of information about a person’s current inmate status. A person who is in jail or considered an inmate is someone who has been deprived of his/her civil liberties and is on trial for a crime or is serving a prison sentence after being convicted of a crime. The Nebraska Department of Corrections maintains an inmate database that is often searchable online. These records include the inmate’s name, incarceration date, expected release date, convicted offense and sometimes photos.
Nebraska Parole Information
Parole records are an official document that includes information about the release of a prisoner who agreed to certain conditions before completion of their maximum sentence. While the prisoner is on supervised parole, the board shall require, as a condition of parole, that they pay a monthly supervision fee of not less than $30, unless the board agrees to accept a lower fee after determining inability of the prisoner to pay. 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.
Nebraska Probation Records
Probation records are official documents that show when a person receives probation as an alternative to prison. Probation allows people convicted of a crime in Nebraska to serve their sentences out of custody, as long as they follow probation conditions imposed by the judge and probation officer. Probation is issued in proportion to the crime, so the length and nature of probation differ (sometimes drastically) from case to case. Probation typically falls into three categories: minimally supervised, supervised and intensive. Intensive probation is a form of very strict probation that has conditions that vary from state to state. It emphasizes punishment and control of the offender within the community.
Nebraska Juvenile Criminal Records
A juvenile criminal record is an official record of information about criminal activity committed by children or adolescents who are not yet of legal adult age. Juveniles are not considered to be convicted of a crime like an adult but instead, are found to be “adjudicated delinquent”. These criminal records are often mistakenly thought to be erased or expunged once a person becomes of legal adult age, but in fact, the record remains unless the person petitions to have it expunged. If a person was found adjudicated delinquent to a criminal offense, they do not have to respond “yes” if asked whether they have ever been convicted of a crime, unless the question specifically asks if they were ever adjudicated delinquent as well.
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 the 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 provides on StateRecords.org will vary from person to person.
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.