We get this question all the time: "How long does a DUI stay on your record in Nebraska?" And it's a good one because the consequences of a DUI conviction in this state don't end after your court date.
If you've been charged or convicted of a DUI, or you're worried how a past mistake might affect your job, license, or insurance, this guide is for you. We'll walk you through how long a DUI stays on both your criminal and driving record, how it can impact your future, and what you can (and can't) do to remove it.
Criminal Record vs. Driving Record
In Nebraska, a DUI conviction stays on both your criminal and driving record for 15 years.
This 15-year period is known as a "lookback window." If you get another DUI within that time, the court will treat it as a repeat offense, which comes with harsher penalties like longer jail time, higher fines, and extended license suspension.
- Criminal record: The conviction remains public for at least 15 years and may be visible much longer on background checks.
- Driving record: The Nebraska DMV tracks DUI-related violations for 15 years. After that, they fall off your record for enhancement purposes.
Important: Don’t assume it’s off your record just because a few years have passed. It still counts toward repeat offenses, even after a decade.
Driver’s License Points After a DUI
In Nebraska, a DUI adds 6 points to your driver’s license. Here’s how it works:
- One point is removed every two years if you avoid new violations.
- If you accumulate 12 or more points in a two-year span, your license can be revoked.
- DUI-related points remain for two years, but the DUI conviction itself remains on your DMV record for 15 years.
Even after the points fall off, the underlying conviction still matters when it comes to insurance rates and future offenses.
Background Checks & Long-Term Visibility
Yes. Many employers, schools, landlords, and licensing boards can see a DUI conviction for at least 15 years, and in some cases, indefinitely depending on the depth of the background check.
Private background check companies may not follow the same guidelines as government agencies. If your conviction was in the last 15 years, assume it will be visible.
Can a DUI Be Expunged or Sealed in Nebraska?
Nebraska does not allow expungement of DUI convictions. Once convicted, the offense stays on your public criminal record.
- No sealing, no early removal. A DUI cannot be erased through a standard expungement process.
- Pardon option: A pardon may be requested after 7 years, but it's rare. You must show no new criminal activity and proof of rehabilitation, including sobriety.
Even if you receive a pardon, it does not erase the conviction. It simply restores certain civil rights, like voting or gun ownership.
The “Set Aside” Option in Nebraska
Nebraska does not technically expunge DUIs, but you may be able to file a Motion to Set Aside the conviction if you received probation or a fine only and have completed all terms.
What does a set aside do?
It does not erase the conviction, but adds a notation to your record showing the conviction has been “set aside.” This can help with employment and housing, as it demonstrates rehabilitation and compliance with the law.
Court discretion
The judge considers your behavior since conviction, community involvement, and likelihood of future offenses before granting a set aside.
Special Case: Underage DUI (Zero Tolerance)
Nebraska has a zero tolerance policy for drivers under 21. That means:
- BAC of 0.02 percent or more can result in a license suspension, even if it’s not a full DUI.
- Minor alcohol violations may be treated as infractions rather than criminal convictions.
- In some cases, these infractions can be expunged 90 to 120 days after completion of probation and treatment.
However, if the underage driver is convicted of a full DUI (BAC 0.08 percent or higher), the 15-year rule applies just like it does for adults.
FAQs About DUI Record Impact in Nebraska
Does a DUI drop off your record automatically?
No. The conviction remains on your criminal and DMV records for 15 years. It is not removed unless explicitly pardoned.
Can I remove a DUI earlier than 15 years?
No. Nebraska law does not allow early expungement or sealing of DUI convictions. A rare pardon is the only potential option.
Will a DUI affect me if I move out of state?
Yes. DUI records and license suspensions follow you through the Driver License Compact, which most states are part of. Your new state will likely honor Nebraska’s penalties.
How long will a DUI affect insurance or job prospects?
Insurance companies often charge higher premiums for three to seven years after a DUI. Some employers will consider a DUI for up to 15 years or more, especially in safety-sensitive industries.
Will a DUI affect my ability to get a professional license in Nebraska?
Possibly. Some licensing boards (healthcare, legal, teaching, transportation) may consider a DUI conviction when reviewing your application or renewal.
Can a DUI stop me from traveling internationally?
Yes. Some countries, including Canada, may deny entry to travelers with DUI convictions. It depends on the country's specific immigration policies.
How can I check if my DUI still appears on background checks?
You can request your criminal record through the Nebraska State Patrol or run a personal background check using a reputable screening company. An attorney can help you review and interpret the results.
When to Talk to a Lawyer
If you haven’t been convicted yet, the best time to protect your record is right now. Fighting a DUI charge early can prevent the conviction from ever appearing on your record.
If you already have a conviction:
- Stay clean and avoid any repeat offenses during the 15-year window
- Consider speaking to an attorney about pardon or set aside eligibility after completing probation
- Keep detailed records of employment, community service, and sobriety if you apply for relief
Our firm sees this time and time again. People often assume the worst is over once they have finished probation or paid their fines. But the record stays with you, and it can affect everything from insurance to housing to future employment.
If you're facing a DUI charge, if you're unsure how your past conviction still affects you-talk to us today. Stockmann Law knows Nebraska DUI law inside and out, and we’ve helped people just like you move forward.
