There are seven types of classes of misdemeanors in the State of Nebraska. The first one, a Class I misdemeanor, is the most severe. Being charged with this class of crime could result in a thousand dollar fine or up to one year in jail, or both. If someone is lucky, they will not get any form of punishment. A Class II misdemeanor could have the same outcomes as a Class I, although jail time could be 6 months. A Class III misdemeanor in the State of Nebraska has consequences of a $500 fine or 3 months in jail, or both. Again, if someone is lucky, they would not get any form of punishment. A Class IIIA has the same penalties as a regular Class III, but with 7 days in jail. Being charged with a Class IV misdemeanor would not result in someone serving any jail time, but there would definitely be a fine to pay. The minimum would be $100 and the most would be $500. A Class V misdemeanor is similar to that of a Class IV, where there would not be any jail time served, but the penalty is a $100 fine.
The other form of misdemeanor in the State of Nebraska is a Class W misdemeanor, which is a serious crime. This is the type of crime that a "DUI", or "Driving Under the Influence" is. Nebraska has harsh punishments for Class W misdemeanors. The first offense of a DUI in this State could result in 60 days in jail and a $500 fine. The minimum, which is mandatory, is 7 days in jail and a $400 fine. Being charged with a 2nd DUI in Nebraska will have consequences of at least 30 days in jail and a $500 fine. The maximum punishment would be 6 months in jail and a $500 fine. For the 3rd DUI offense, there is a mandatory minimum penalty of 90 days in jail and a $600 fine. Someone could also get up to one year in jail and a $600 fine for the 3rd offense as well.
Expungement is basically defined as "deleting" a criminal charge or charges off a person's criminal record. Many people would like this done for obvious reasons, i.e. for employment reasons. It's not a simple process in the State of Nebraska, however. The only way someone is eligible for expunging a criminal record is if the person arrested was done so in error by law enforcement. In that case, they can file a petition in the district court for an order that would remove the crime that was charged in error. Although it would not be immediate, there are a few other ways for someone's criminal offenses not to appear in public records also. If someone was arrested but there were not any formal charges filed, then the arrest would only be part of public record for one year. When someone is arrested and successfully completes a diversion program, then that arrest in only public record for 2 years. If an arrest is made and charges are filed, but later dismissed in court by the prosecuting attorney, then the arrest is public record for 3 years from the date of arrest. See also:
Nebraska Felony External link (opens in new window)
Nebraska Expungement External link (opens in new window)
Nebraska Gun Laws External link (opens in new window)