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NEBRASKA STATUTES AND CODES

43-2,108.03 Sealing of records; county attorney or city attorney; duties; motion to seal record authorized.

43-2,108.03. Sealing of records; county attorneyor city attorney; duties; motion to seal record authorized.(1) Notwithstandingsubsection (2) of this section, if the juvenile was taken into custody orarrested but no juvenile petition or criminal complaint was filed againstthe juvenile with respect to the arrest or custody, the county attorney orcity attorney shall notify the appropriate public office or agency responsiblefor the arrest or custody that no criminal charge or juvenile court petitionwas filed.(2) If thecounty attorney or city attorney has offered and the juvenile has agreed topretrial diversion or mediation, the county attorney or city attorney shallnotify the appropriate public office or agency responsible for the arrestor custody that the juvenile has satisfactorily completed the resulting diversionor mediation.(3) Upon receiving notice under subsection (1) or (2) of this section,the public office or agency shall immediately seal all original records housedat that public office or agency pertaining to the citation, arrest, recordof custody, complaint, disposition, diversion, or mediation.(4) If a juveniledescribed in section 43-2,108.01 has satisfactorily completed such juvenile'sprobation, supervision, or other treatment or rehabilitation program providedunder the Nebraska Juvenile Code or has satisfactorily completed such juvenile'sdiversion or sentence in county court and the juvenile has attained at leastthe age of seventeen years, the court shall initiate proceedings to seal therecord pertaining to such disposition, adjudication, or diversion or sentenceof the county court.(5) At any time after a juvenile described in section 43-2,108.01has satisfactorily completed probation, supervision, or other treatment orrehabilitation program under the code or has satisfactorily completed diversionor sentence of the county court, the court may, upon the motion of the juvenileor the court's own motion, initiate proceedings to seal the record pertainingto such disposition, dismissal following pretrial diversion under section 43-260.04, or disposition under section 43-286 or any county court recordspertaining to such county court diversion or sentence. SourceLaws 2010, LB800, ยง 28.Effective Date: July 15, 2010

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