Sealing an Eviction Record in Nebraska: Renter Guide

If you've faced an eviction in Nebraska, you might worry about its impact on your future housing options. Landlords and property managers often check public court records, so having a sealed eviction can make a big difference. Nebraska law does give some renters the chance to seal (keep private) their eviction record, but it’s important to understand the process, who is eligible, and what steps are needed to apply.

Understanding Eviction Records in Nebraska

In Nebraska, eviction records are court documents showing a landlord tried to legally remove a tenant. These records are generally public. However, under certain conditions, you can ask the court to seal your eviction case, making it inaccessible to potential landlords and the public.

Who Handles Evictions and Records?

• Official Tribunal: Nebraska County Courts handle residential eviction cases. Find your local court through the Nebraska Judicial Branch District & County Courts Directory.
• Relevant Legislation: Most tenant and eviction laws are covered by the Nebraska Uniform Residential Landlord and Tenant Act.^[1]

Records for eviction cases are generally available online through the Nebraska Judicial Branch - JUSTICE Case Search.

Can You Seal an Eviction Record in Nebraska?

Sealing isn’t automatic; you must ask the court. The judge considers if sealing your record is fair and justified. Usually, you may be eligible if:

• The eviction case was dismissed, or you won the case
• The eviction was more than three years ago and all related debts are paid
• The eviction was filed in error, or you didn’t actually violate your lease

Each case is unique. Sealing is up to the judge’s discretion.

How to Ask the Court to Seal Your Eviction Record

Requesting to seal your eviction record in Nebraska involves submitting specific court documents. Here’s how to start:

Step 1: Gather Your Case Information

• Locate your court case number and details.
• You can find this through the Nebraska JUSTICE Case Search.

Step 2: Fill Out the Motion to Seal Form

• Form Name: Motion to Seal Record (Nebraska County Court approved form)
• Form Number: CC 6:1 (may differ by county; always use the official site)
• Download the Motion to Seal Record form from the Nebraska Judicial Branch's Self-Help Center.
• When/How it's used: File this motion in the same court where your eviction case was held. For instance, say your eviction was dismissed two years ago. You fill out the form, explaining your request, and submit it to your county court clerk.

Step 3: File Your Motion with the County Court

• Bring your completed form and any supporting documents to the court that handled your eviction.
• You may need to pay a small filing fee (waivers available if you qualify). Ask the clerk for details about fee waivers, using the Poverty Affidavit for Civil Case.

Step 4: Notify the Other Party (Your Former Landlord)

• The court may require you to formally notify your former landlord or their attorney about your motion.
• Ask the court clerk about local procedures, as they can vary.

Step 5: Attend the Hearing (If Scheduled)

• The judge may schedule a hearing, or decide based on your motion.
• Be ready to explain why sealing your eviction record is fair, accurate, and justified.

After the Court Decides

If the judge approves your motion, your eviction record will be sealed. This means it’s removed from public court records. Landlords, property managers, and the general public will not see it during most background checks. However, some government agencies may still access sealed records for official purposes.

Important Official Forms and Resources

• Motion to Seal Record: General form for requesting record sealing. Visit the Nebraska Judicial Branch Self-Help Eviction Forms page.
• Poverty Affidavit for Civil Case: Request to waive filing fees if you can't afford them. Download from the official poverty affidavit form resource.

Check with your local county court for any additional, county-specific forms or requirements.

FAQ: Nebraska Renters and Sealing Eviction Records

1. Can any eviction in Nebraska be sealed?
   Not all eviction records are eligible for sealing. Generally, you must demonstrate the eviction was dismissed, you won the case, or sufficient time has passed and debts are paid.
2. How long does the sealing process take?
   Once your motion is filed, it may take a few weeks to a few months, depending on the court’s schedule and whether a hearing is required.
3. Will a sealed eviction show up on a background check?
   For most purposes, sealed evictions do not appear on standard landlord background checks. Court and government agencies may retain limited viewing rights.
4. Does sealing an eviction clear rental debts?
   No. Sealing a record makes it private, but it does not erase any money owed to your landlord.
5. Where can I get help completing forms?
   Free help is offered through the court’s Self-Help Center and some legal aid organizations. Court clerks may also answer basic questions but cannot give legal advice.

Conclusion: Key Takeaways

• Many Nebraska renters can apply to seal certain eviction records, which can help with future housing searches.
• Eligibility depends on how your eviction case ended and whether all requirements are met.
• The process involves submitting a motion to seal with your local Nebraska county court, with official forms found on the state website.

Understanding your rights and staying organized are the first steps toward sealing an eviction record and moving forward.

Need Help? Resources for Renters

• Nebraska Judicial Branch Self-Help Evictions Portal – Forms, guides, and eligibility information
• Nebraska County Courts Directory – Find your local courthouse for filing paperwork
• Nebraska Self-Help Centers – In-person and online resources for civil legal help
• Legal Aid of Nebraska – Free or low-cost legal assistance for renters

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1. Nebraska Uniform Residential Landlord and Tenant Act (Neb. Rev. Stat. §§ 76-1401 to 76-1449)
2. Nebraska Judicial Branch Self-Help: Evictions & Forms
3. Nebraska Poverty Affidavit for Civil Case

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