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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default Can You Expunge A Crime if The Offense Has Since Been Reduced to an Infraction

    My question involves criminal records for the state of: Nebraska

    Hi! I was charged with a class IV Misdemeanor marijuana charge in Nebraska in 1997. I was 18 at the time, was charged with possession of paraphernalia and less than one ounce of marijuana. In court I plead no contest and paid a $150 fine, no diversion and no other judgement for treatment other than pay the fine. Lately I've been running into difficulties with jobs I'm applying for as I'll be working as an educator with youth, and have been denied positions in what I believe to be a result of this so called crime (I am qualified if not over qualified for the positions I've been applying for so I'm presuming it's the drug charge). My questions are as follows:

    1) Is this still on my record?

    2) Do I need to be reporting this on applications considering it is now over 15 years past?

    3) Is this still considered a misdemeanor even though it would now be classified as a civil citation?

    4) If it is still a misdemeanor, is there a process I can go through to get this changed to a civil citation? Although I believe the arresting officer did not have probable cause to search the car (in retrospect), I can not have this expunged based on my understanding of Nebraska Law cause I can not prove this.

    Thanks for taking the time to respond! I appreciate your advice.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,673

    Default Re: Can You Expunge A Crime if The Offense Has Since Been Reduced to an Infraction

    If you are convicted of a crime, you get a criminal record.

    Whether or not you have to report your criminal history depends upon the employer and the question asked.

    If you are convicted of a crime, it stays a crime.

    Nebraska has no laws or statutes that allow a complete expungement of your criminal history. You can seek a pardon and, if granted, the fact that you've been pardoned will appear on state records along with your conviction information.

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