43-2,108.05 Sealing of records; effect; court; duties; inspection of records; prohibited acts.
43-2,108.05. Sealing of records; effect; court;duties; inspection of records; prohibited acts.(1) If the court orders the records ofa juvenile sealed pursuant to section 43-2,108.04, the juvenile who is thesubject of the order properly may, and the court, county attorneys, city attorneys,and institutions, persons, or agencies shall, reply that no record existswith respect to the juvenile upon any public inquiry in the matter, and thecourt shall do all of the following:(a) Orderthat any information or other data concerning any proceedings relating tothe arrest, taking into custody, petition, complaint, indictment, information,trial, hearing, adjudication, correctional supervision, dismissal, or dispositionbe deemed never to have occurred; and(b) Send notice of the order to seal therecord to the Nebraska Commission on Law Enforcement and Criminal Justiceand, if the record includes impoundment or prohibition to obtain a licenseor permit pursuant to section 43-287, to the Department of Motor Vehiclesand to any law enforcement agencies and county attorneys or city attorneysand institutions, persons, or agencies, including treatment providers, therapists,or other service providers, referenced in the court record and order thatall original records of the case be sealed.(2) Except as provided in subsection (3)of this section, an order to seal the record applies to every public officeor agency that has a record relating to the case, regardless of whether itreceives notice of the hearing on the sealing of the record or a copy of theorder. Upon the written request of a person whose record has been sealed andthe presentation of a copy of such order, a public office or agency shallseal all original records relating to the case.(3) A sealed record isstill accessible to law enforcement officers, county attorneys, city attorneys,and the sentencing judge in the investigation of crimes and in the prosecutionand sentencing of criminal defendants. Inspection of records that have beenordered sealed under section 43-2,108.04 may be made only by the followingpersons or for the following purposes:(a) By the court or by any person allowedto inspect such records by an order of the court for good cause shown;(b) By theNebraska Probation System for purposes of juvenile intake services, for presentenceand other probation investigations, and for the direct supervision of personsplaced on probation;(c) By the Department of Health and Human Services for purposesof juvenile intake services, the preparation of case plans and reports, thepreparation of evaluations, or the supervision and protection of persons placedwith the department or for licensing or certification purposes under sections 71-1901 to 71-1906.01 or the Child Care Licensing Act;(d) Upon application,by the juvenile who is the subject of the sealed record and by the personthat is named in that application;(e) At the request of a party in a civilaction that is based on a case the record for which is the subject of a sealingorder issued under section 43-2,108.04, as needed for the civil action. Theparty also may copy the record as needed for the civil action. The sealedrecord shall be used solely in the civil action and is otherwise confidentialand subject to this section; or(f) By persons engaged in bona fide research,with the permission of the court, only if the research results in no disclosureof a juvenile's identity and protects the confidentiality of the record.(4) No personshall knowingly release, disseminate, or make available, for any purpose involvingemployment, bonding, licensing, or education, to any person or to any department,agency, or other instrumentality of the state or of any of its political subdivisions,any information or other data concerning any arrest, taking into custody,petition, complaint, indictment, information, trial, hearing, adjudication,correctional supervision, dismissal, or disposition, the record of which hasbeen sealed pursuant to section 43-2,108.04 and the release, dissemination,or making available of which is not expressly permitted by this section orcourt order. Nothing in this section shall prohibit the Department of Healthand Human Services from releasing, disseminating, or making available informationfrom sealed records in the performance of its duties with respect to the supervisionand protection of persons served by the department. Any person who violatesthis section may be held in contempt of court.(5) In any applicationfor employment, license, or other right or privilege, any appearance as awitness, or any other inquiry, a person cannot be questioned with respectto any arrest or taking into custody for which the record is sealed. If aninquiry is made in violation of this subsection, the person may respond asif the sealed arrest or taking into custody did not occur, and the personis not subject to any adverse action because of the arrest or taking intocustody or the response. Applications for employment shall contain specificlanguage that states that the applicant is not obligated to disclose a sealedjuvenile record or sentence. Employers shall not ask if an applicant has hada juvenile record sealed. The Department of Labor shall develop a link onthe department's web site to inform employers that employers cannot ask ifan applicant had a juvenile record sealed and that an application for employmentshall contain specific language that states that the applicant is not obligatedto disclose a sealed juvenile record of arrest, custody, complaint, disposition,diversion, adjudication, or sentence. SourceLaws 2010, LB800, § 30.Effective Date: July 15, 2010 Cross ReferencesChild Care Licensing Act, see section 71-1908.