2009 Nebraska Code
Chapter 43 INFANTS AND JUVENILES
43-2,108.05 Sealing of records; effect; court; duties; inspection of records; prohibited acts.

(1) If the court orders the records of a juvenile sealed pursuant to section 43-2,108.04, the juvenile who is the subject of the order properly may, and the court, county attorneys, city attorneys, and institutions, persons, or agencies shall, reply that no record exists with respect to the juvenile upon any public inquiry in the matter, and the court shall do all of the following:

(a) Order that any information or other data concerning any proceedings relating to the arrest, taking into custody, petition, complaint, indictment, information, trial, hearing, adjudication, correctional supervision, dismissal, or disposition be deemed never to have occurred; and

(b) Send notice of the order to seal the record to the Nebraska Commission on Law Enforcement and Criminal Justice and, if the record includes impoundment or prohibition to obtain a license or permit pursuant to section 43-287, to the Department of Motor Vehicles and to any law enforcement agencies and county attorneys or city attorneys and institutions, persons, or agencies, including treatment providers, therapists, or other service providers, referenced in the court record and order that all original records of the case be sealed.

(2) Except as provided in subsection (3) of this section, an order to seal the record applies to every public office or agency that has a record relating to the case, regardless of whether it receives notice of the hearing on the sealing of the record or a copy of the order. Upon the written request of a person whose record has been sealed and the presentation of a copy of such order, a public office or agency shall seal all original records relating to the case.

(3) A sealed record is still accessible to law enforcement officers, county attorneys, city attorneys, and the sentencing judge in the investigation of crimes and in the prosecution and sentencing of criminal defendants. Inspection of records that have been ordered sealed under section 43-2,108.04 may be made only by the following persons or for the following purposes:

(a) By the court or by any person allowed to inspect such records by an order of the court for good cause shown;

(b) By the Nebraska Probation System for purposes of juvenile intake services, for presentence and other probation investigations, and for the direct supervision of persons placed on probation;

(c) By the Department of Health and Human Services for purposes of juvenile intake services, the preparation of case plans and reports, the preparation of evaluations, or the supervision and protection of persons placed with the department or for licensing or certification purposes under sections 71-1901 to 71-1906.01 or the Child Care Licensing Act;

(d) Upon application, by the juvenile who is the subject of the sealed record and by the person that is named in that application;

(e) At the request of a party in a civil action that is based on a case the record for which is the subject of a sealing order issued under section 43-2,108.04, as needed for the civil action. The party also may copy the record as needed for the civil action. The sealed record shall be used solely in the civil action and is otherwise confidential and subject to this section; or

(f) By persons engaged in bona fide research, with the permission of the court, only if the research results in no disclosure of a juvenile's identity and protects the confidentiality of the record.

(4) No person shall knowingly release, disseminate, or make available, for any purpose involving employment, bonding, licensing, or education, to any person or to any department, agency, or other instrumentality of the state or of any of its political subdivisions, any information or other data concerning any arrest, taking into custody, petition, complaint, indictment, information, trial, hearing, adjudication, correctional supervision, dismissal, or disposition, the record of which has been sealed pursuant to section 43-2,108.04 and the release, dissemination, or making available of which is not expressly permitted by this section or court order. Nothing in this section shall prohibit the Department of Health and Human Services from releasing, disseminating, or making available information from sealed records in the performance of its duties with respect to the supervision and protection of persons served by the department. Any person who violates this section may be held in contempt of court.

(5) In any application for employment, license, or other right or privilege, any appearance as a witness, or any other inquiry, a person cannot be questioned with respect to any arrest or taking into custody for which the record is sealed. If an inquiry is made in violation of this subsection, the person may respond as if the sealed arrest or taking into custody did not occur, and the person is not subject to any adverse action because of the arrest or taking into custody or the response. Applications for employment shall contain specific language that states that the applicant is not obligated to disclose a sealed juvenile record or sentence. Employers shall not ask if an applicant has had a juvenile record sealed. The Department of Labor shall develop a link on the department's web site to inform employers that employers cannot ask if an applicant had a juvenile record sealed and that an application for employment shall contain specific language that states that the applicant is not obligated to disclose a sealed juvenile record of arrest, custody, complaint, disposition, diversion, adjudication, or sentence.

Laws 2010, LB800, § 30.
Effective Date: July 15, 2010

Child Care Licensing Act, see section 71-1908.