Nebraska Criminal Defense Laws

Class I: death. Class IA: life imprisonment. Class IB: 20 years to life. Class IC: mandatory minimum 5 years, max 50 years. Class ID: mandatory minimum 3 years, max 50 years. Class II: 1-50 years. Class IIA: max 20 years. Class III: max 4 years and/or $25,000 fine. Class IIIA: max 3 years and/or $10,000 fine. Class IV: max 2 years and/or $10,000 fine.

Class I: max 1 year jail and/or $1,000 fine. Class II: max 6 months and/or $1,000 fine. Class III: max 3 months and/or $500 fine. Class IIIA: max 7 days and/or $500 fine. Class IV: no jail, $100-$500 fine. Class V and W are additional categories for specific offenses.

BAC limit: 0.08% (0.04% commercial, 0.02% under 21). First offense: Class W misdemeanor, 7-60 days jail, $500 fine, 60-day to 6-month license revocation. BAC 0.15%+: enhanced penalties including 1-year revocation. Second offense: up to 6 months jail, $500 fine, 18-month revocation. Third offense: Class W misdemeanor, up to 1 year jail, $600 fine. Fourth+ offense: Class IIIA felony. Implied consent law requires submission to chemical testing; refusal triggers automatic 1-year license revocation.

After satisfactory completion of probation or a jail sentence of 1 year or less, a person may petition the court to set aside the conviction. A set-aside releases the person from all penalties and disabilities of the conviction but is NOT expungement — the record still exists but the conviction status is vacated. DUI convictions cannot be expunged or sealed.

Pardoned individuals may petition to seal their criminal history records. Victims of sex trafficking may seal records related to set-aside convictions. Erroneous arrests may be expunged. Sealed records cannot be inquired about on employment, licensing, or other applications.