If I was arrested for lewd conduct and charged with disturbing the peace, can I get it expunged?

UPDATED: Jul 29, 2011

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If I was arrested for lewd conduct and charged with disturbing the peace, can I get it expunged?

I was charged with lewd conduct 3 years ago for engaging in a consenting sex act in a park with another adult. It is the only thing I have ever been in trouble for. I am a college graduate with a wonderful resume – except for this charge. I keep getting hired for jobs but then fail the background check. I am now making minimum wage. Is there anyway to expunge this?

Asked on July 29, 2011 Nebraska


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am assuming that the charge was a misdemeanor and not a felony, correct?  Unfortunately you live in a state where expungement of a criminal record is permitted in very limited circumstances.  It is my understanding that most crimes are not expungeable in Nebraska.  It is generally limited to juvenile convictions and in adult cases where there should have been no arrest and there was no conviciton (as a result of an "error" on the part of law enforcement is how I believe it goes).  What you can do here is to see if you can obtain a pardon on the matter.  But I would seek help from someone who knows what they are doing.  It is well worth your spending the money.  It is an investment in your future. 

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