In the 2019 legislative session, the Legislature passed LB 686, which included a change in the law that provides judges with the option of imposing a deferred sentence of probation.  Essentially the statute provides judges with the option of deferring judgement (or final sentence) for a defendant but still place that offender on probation for a period of time.  Upon satisfactory completion of probation, the defendant may withdraw their earlier plea and the case is dismissed, which will then provide that the record is sealed.   

The operative date of this change in the law is July 1, 2020 and this sentencing option only applies to crimes committed on or after July 1, 2020.  There are a few crimes that are not eligible for deferred judgement probation; see subsection (2) for the listing.

This is a new concept in Nebraska law, but other states have this option for sentencing, including Iowa, so some of our members may be familiar with it.

Special thanks and credit to Senator Justin Wayne (and NCDAA member) for introducing this bill (the original bill was LB 91) and his leadership in having it included in LB 686 as a committee amendment and in getting it passed into law.