2009 Nebraska Code
Chapter 43 INFANTS AND JUVENILES
43-2,108.04 Sealing of records; notification of proceedings; order of court; hearing; notice; findings; considerations; verbal notice; written notice.

43-2,108.04. Sealing of records; notification of proceedings; order of court; hearing; notice; findings; considerations; verbal notice; written notice.

(1) The county attorney or city attorney involved in the case that is the subject of the proceeding to seal the record shall be promptly notified of the proceedings, and the Department of Health and Human Services shall also be promptly notified of the proceedings if the juvenile whose record is the subject of the proceeding to seal the record is a ward of the state or if the department was a party in the case.

(2) A party notified under subsection (1) of this section may file a response with the court within thirty days after receiving such notice.

(3) If a party notified under subsection (1) of this section does not file a response with the court or files a response that indicates there is no objection to the sealing of the record, the court may order the record of the juvenile under consideration be sealed without conducting a hearing on the motion. If the court decides in its discretion to conduct a hearing on the motion, the court shall conduct the hearing within thirty days after making that decision and shall give notice, by regular mail, of the date, time, and location of the hearing to the parties receiving notice under subsection (1) of this section and to the juvenile who is the subject of the record under consideration.

(4) If a party receiving notice under subsection (1) of this section files a response with the court objecting to the sealing of the record, the court shall conduct a hearing on the motion within thirty days after the court receives the response. The court shall give notice, by regular mail, of the date, time, and location of the hearing to the parties receiving notice under subsection (1) of this section and to the juvenile who is the subject of the record under consideration.

(5) After conducting a hearing in accordance with this section, the court may order the record of the juvenile that is the subject of the motion to be sealed if it finds that the juvenile has been rehabilitated to a satisfactory degree. In determining whether the juvenile has been rehabilitated to a satisfactory degree, the court may consider all of the following:

(a) The age of the juvenile;

(b) The nature of the offense and the role of the juvenile in the offense;

(c) The behavior of the juvenile after the adjudication and the juvenile's response to treatment and rehabilitation programs;

(d) The education and employment history of the juvenile; and

(e) Any other circumstances that may relate to the rehabilitation of the juvenile who is the subject of the record under consideration.

(6) If, after conducting the hearing in accordance with this section, the juvenile is not found to be satisfactorily rehabilitated such that the record is not ordered to be sealed, a juvenile who is a person described in section 43-2,108.01 may not move the court to seal the record for a period of one year, unless waived by the court.

(7) The juvenile court or county court shall provide verbal notice to a juvenile whose record is sealed, if that juvenile is present in the court at the time the court issues a sealing order, and explain what sealing a record means.

(8) The juvenile court or county court shall provide written notice to a juvenile whose record is sealed under this section by regular mail to the juvenile's last-known address, if that juvenile is not present in the court at the time the court issues a sealing order, that explains what sealing a record means.

Source

Laws 2010, LB800, § 29.
Effective Date: July 15, 2010