In Nebraska, there are seven different types of misdemeanors. The first is the most serious, a Class I misdemeanor. If you are charged with this type of crime, you could face a $1,000 fine, up to a year in jail, or both. If someone is fortunate, they will not face any type of punishment. A Class II misdemeanor could result in the same penalties as a Class I misdemeanor, but jail time could be 6 months. A Class III misdemeanor in Nebraska carries a $500 fine or three months in jail, or both. Again, if someone is fortunate, they will not face any form of punishment. A Class IIIA carries the same penalties as a regular Class III, but with a 7-day jail sentence. Being charged with a Class IV misdemeanor would not result in any jail time, but there would be a fine to pay. The minimum is $100, and the maximum is $500. A Class V misdemeanor is similar to a Class IV misdemeanor in that no jail time is served, but the penalty is a $100 fine.
Nebraska Class W Misdemeanors
In Nebraska, the other type of misdemeanor is a Class W misdemeanor, which is a serious crime. A “DUI,” or “Driving Under the Influence,” is a type of crime. Class W misdemeanors in Nebraska carry harsh penalties. A first DUI offense in this state can result in 60 days in jail and a $500 fine. The mandatory minimum sentence is 7 days in jail and a $400 fine. A second DUI conviction in Nebraska will result in at least 30 days in jail and a $500 fine. The maximum penalty would be six months in prison and a $500 fine. The mandatory minimum penalty for a third DUI offense is 90 days in jail and a $600 fine. For the third offense, someone could face up to a year in prison and a $600 fine.
Expungement
Expungement is the process of “deleting” a criminal charge or charges from a person’s criminal record. Many people want this done for obvious reasons, such as employment. However, it is not an easy process in the state of Nebraska. The only way to have a criminal record expunged is if the person was arrested in error by law enforcement. In that case, they can petition the district court for an order removing the erroneously charged crime. Although it would not be immediate, there are a few other ways for someone’s criminal offenses to remain hidden from public view. If someone was arrested but no formal charges were filed, the arrest would only be public record for one year. When a person is arrested and successfully completes a diversion program, the arrest becomes public record for only two years. If an arrest is made and charges are filed, but the prosecuting attorney later dismisses the charges in court, the arrest becomes public record for three years from the date of arrest.