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Criminal History Record Requests

The public may request a Record of Arrest and Prosecution (RAP sheet) for any individual. The Nebraska RAP sheet will include Nebraska arrests where the individual was fingerprinted and the resulting dispositions. Dispositions are the result of the adjudication process and may include convictions, acquittals, decline to prosecute, no charges filed and nullified convictions through set-asides and pardons.

Nebraska Statute 29-3523 requires certain information to be redacted from the public record if certain circumstances apply. These circumstances include the following:

  • In the case of an arrest for which no charges are filed as a result of the determination of the prosecuting attorney the criminal history information shall not be part of the public record after one year from the date of arrest.

  • In the case of an arrest for which charges are not filed as a result of completed diversion, the criminal history information shall not be part of the public record after two years from the date of arrest.

  • In the case of an arrest for which charges are filed, but dismissed by the court on motion of the prosecuting attorney or a result of a hearing not the subject of a pending appeal, or following completion of drug, problem solving court or other approved court order program, the criminal history information shall not be part of the public records immediately upon dismissal or acquittal.

It is important to understand that in our role as the Central Repository for Nebraska Criminal History Records, we only report information as it is provided to us by our criminal justice partners across the state. Think of us as a library. If you find incorrect information in a book, the library cannot correct the information. It is up to the publisher or the author to correct it. If you think there is an error in our information, you would need to contact the source of that information such as the court of record, county attorney or law enforcement agency. We will be happy to assist you in identifying the source of the information and provide you with contact information for that source. If they agree that the information is incorrect they will be able to provide us with the corrected information so that we can update our records.

Types of Criminal History Reports

There are two types of criminal history reports that the Nebraska State Patrol provides.

  1. Name-based criminal history reports - A name-based search is the most accessible method of obtaining a criminal history on an individual. You can request a criminal history report on anyone that you want if you are willing to pay the nominal fee. Nebraska criminal history information is provided based on a search of the name and date of birth provided on a request form. The requestor MUST provide at least the name and date of birth but additional information such as social security number and maiden or previous names is also helpful.
  2. Fingerprint-based national background checks - Fingerprint-based background checks provide a nationwide criminal history record. This information is based on a search of the state and national criminal history database based on the subject's fingerprints. These checks are more costly than name-based checks and are also not available to just anyone.

Requesting a Nebraska Criminal History Report

There are three ways in which to request a Nebraska criminal history report:

1. You may request an online criminal history for a fee of $15.50.  Click the quick-link button to the right to request an online report.

2.  You may bring your completed Criminal History Record Request form (click the quick-link button to the right) along with a payment in the amount of $12.50 (cashier's check, personal check or money order) in person to the Criminal Identification Division office.

3.  You may mail a completed Criminal History Record Request form (click the quick-link button to the right) along with a payment in the amount of $12.50 (cashier's check, personal check or money order) to the Criminal Identification Division.

Criminal History Records FAQ

Question:  What will show up on my criminal history?

Question:  Can I request a criminal history on our babysitter, next door neighbor or our daughter's boyfriend?

Question:  How long does it take to get a report?

Question: Why does my criminal history report show “No criminal record found” when I know that I have been arrested before?

Question:  What is the difference between “Public Information” and “Complete Criminal History” view?

Question:  How do I get an arrest record expunged (deleted)?

Question:  There is incorrect information on my record.  How do I get it corrected?

On-line Request FAQ

Question:  I have requested a background check in the system but I realized that I entered some incorrect information. How do I correct this?

Question:  I forgot to enter the driver’s license number.  Will this be a problem?

Question:  What is checked when I request a background check?

Question:  How long does it take to get results from an online request?

Question:  I did not get an email telling me that my report was ready. Why not?

Question:  I don’t have my receipt number. Can you send me my report?

Question:  The report I received showed “No criminal record” or did not provide me with the information that I expected or needed, can I get a refund?

Question:  I requested a report last month but I never retrieved it. How can I get it now?

Question:  Can I have a background check report sent to another person/company/agency?

 

Question:  What will show up on my criminal history?

Answer:  Your criminal history will reflect all adult arrests in Nebraska where you were fingerprinted.  Arrests that occurred in other states will not be reflected on your Nebraska criminal history.

Question:  Can I request a criminal history on our babysitter, next door neighbor or our daughter's boyfriend?

Answer:  Yes.  Adult arrest records are a matter of public record and as such are available to anyone who can demonstrate an "interest" in the subject.  "Interest" is demonstrated by paying the fee for the record request. It should be noted, however, that by statute juvenile arrests are not considered a matter of public record and will not be released on a criminal history request.

Question:  How long does it take to get a report?

Answer:  State Statute allows us up to three business days to generate a report.  The three days begins on the day that we received a request in good order (completed form, payment, appropriate signatures, etc...).

Question: Why does my criminal history report show “No criminal record found” when I know that I have been arrested before?

Answer:  There can be a number of reasons why this might occur.  The most common reason is that you probably were not fingerprinted when you were arrested.  Our records only consist of arrest records where the individual was fingerprinted. If you were fingerprinted, then it is possible that the arresting agency did not forward the fingerprint arrest card to the Nebraska State Patrol.  Nebraska statute only requires felony arrests to be submitted to the state criminal history repository. Finally the criminal history report you receive from us will only show Nebraska arrests so if you were arrested in another state, that arrest will not be included in our report.

Question:  What is the difference between “Public Information” and “Complete Criminal History” view?

Answer:  Nebraska criminal history records by statute are a matter of public record and therefore are available to the public. However, there are statutory limitations to exactly what the public is allowed to receive. Information included on a “Public Information” view is redacted to exclude information that we are prohibited by statute to release to the general public. Statute 29-3523 defines three such exclusions:

  • In the case of an arrest for which no charges are filed as a result of the determination of the prosecuting attorney the criminal history information shall not be part of the public record after one year from the date of arrest.
  • In the case of an arrest for which charges are not filed as a result of completed diversion, the criminal history information shall not be part of the public record after two years from the date of arrest.
  • In the case of an arrest for which charges are filed, but dismissed by the court on motion of the prosecuting attorney or a result of a hearing not the subject of a pending appeal, or following completion of drug, problem solving court or other approved court order program, the criminal history information shall not be part of the public records immediately upon dismissal or acquittal.

A “Complete Criminal History” report will reflect all of the above referenced information. The subject of the report must approve the requestor to receive the full report by signing a release of information form before a public notary.

Question:  How do I get an arrest record expunged (deleted)?

Answer:  Nebraska does not have a statutory expungement provision. The only way to get an arrest expunged from a record is if that arrest was the result of a law enforcement error. To have such an arrest expunged, the individual must file a petition with the District Court for the county in which the arrest occurred. An individual may petition the court to have a criminal conviction "set-aside". A "set-aside" essentially means that the court acknowledges that the convicted individual has successfully completed the terms of their sentence (paid the fine, served jail time, completed probation, etc...) If granted, the conviction record stays on the individuals record but it will reflect the "set-aside" status.

Question:  There is incorrect information on my record.  How do I get it corrected?

Answer:  As the central repository, we only report information as it is provided to us by our criminal justice partners. To correct information that we have in our records, you must contact the source of that information. We will be happy to assist you in identifying the correct source and providing you with an initial point of contact. If a correction is necessary, we must receive the information directly from the source.  We cannot "take your word for it".

Question:  I have requested a background check in the system but I realized that I entered some incorrect information. How do I correct this?

Answer:  Unfortunately, once an on-line request is submitted, there is not a way to retrieve the request and resubmit it after making the corrections. The search conducted by the online system is only based on the name, date of birth and social security number fields. If the mistake was made in any of these fields, your results may not be accurate.  You would need to submit a new request with the correct information and pay an additional fee. Mistakes in any other fields will not impact the accuracy of the results.

Question:  I forgot to enter the driver’s license number.  Will this be a problem?

Answer:  No. The driver’s license field is not a required field. The only required fields are name, date of birth, gender and race. If you are unsure of the gender or race, you should select “Unknown” from the available options.

Question:  What is checked when I request a background check?

Answer:  Using the first three letters of the first and last name, date of birth, and the social security number (if provided), the online system will search our computerized criminal history records database, called PCH (Patrol Criminal History). If a record is found that matches only two of the three criteria submitted (name, date of birth and social security number), further research is conducted to determine if the records are a match.

Question:  How long does it take to get results from an online request?

Answer:  State statute requires us to complete a criminal history report within three business days of receipt of a request in good order (payment and all required information received). If no criminal record is found, your report will be ready for retrieval in a matter of minutes. In some cases, additional research will be required which we have up to three business days to complete.  You will receive an email notification that additional research will be required. An additional email will be sent notifying that your report is ready for retrieval.

Question:  I did not get an email telling me that my report was ready. Why not?

Answer:  Chances are there was no criminal history record to report. If there is nothing to report you will not receive an email. You just need to go back into the system to retrieve the report. You will get an email notification if it is necessary for us to hold your report for additional research. When that research is complete and your report is ready, you will receive an email notification.

Question:  I don’t have my receipt number. Can you send me my report?

Answer:  No. Unless you can provide a valid receipt number, we cannot provide you with any information. A new request should be submitted.

Question:  The report I received showed “No criminal record” or did not provide me with the information that I expected or needed, can I get a refund?

Answer:  No. ALL requests are non-refundable.

Question:  I requested a report last month but I never retrieved it. How can I get it now?

Answer: Reports are only available for 14 days from when it is made available to you. If you did not retrieve it within that time period, you will need to submit a new request and pay a new fee.

Question:  Can I have a background check report sent to another person/company/agency?

Answer:  We are only authorized to send a report to the individual/company/agency identified on the online submittal as the requestor. If you want the report to go to someone other than yourself, provide their information (including their email address) where it asks for the information regarding the requestor.

 

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Nebraska State Patrol

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Nebraska State Patrol1600 Highway 2Lincoln, NE  68502

PH: 402-471-4545

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