LB923 would provide a process for juvenile records to be sealed. A sealed record would not be available to the public except upon order of a
court for good cause shown. The sealing process would be available for juveniles who are diverted; filed upon in juvenile court for a misdemeanor offense, felony offense, status offense or traffic offense; and those who are filed upon in county court for a misdemeanor offense or infraction. The county attorney must provide written notice to a juvenile who may be eligible to have his or her record sealed, informing the juvenile about the process and the meaning of having a record sealed. Under LB923, if the court orders the records to be sealed, the juvenile may reply that no record exists upon any inquiry in the matter. The court, county attorneys, institutions, persons and agencies must reply that no record exists upon inquiry. A sealed record is accessible to law enforcement officers, county attorneys, and the sentencing judge. In job applications a person cannot be questioned about the sealed records. If questioned, the person subject to the sealed records may respond as if the incident leading to the sealed records did not occur. Job applications shall state that the applicant is not obligated to disclose sealed juvenile records. Employers cannot ask if an applicant has had a juvenile record sealed.

Indefinitely postponed April 14, 2010.

• Judiciary

• No amendments of concern

• No additional documents

• No action alerts are associated with this legislation.

In favor: Voices for Children in Nebraska.