43-2,108.04 Sealing of records; notification of proceedings; order of court; hearing; notice; findings; considerations; verbal notice; written notice. - Nebraska Statutes

43-2,108.04. Sealing of records; notificationof proceedings; order of court; hearing; notice; findings; considerations;verbal notice; written notice.(1) The county attorney or city attorney involved in thecase that is the subject of the proceeding to seal the record shall be promptlynotified of the proceedings, and the Department of Health and Human Servicesshall also be promptly notified of the proceedings if the juvenile whose recordis the subject of the proceeding to seal the record is a ward of the stateor if the department was a party in the case.(2) A partynotified under subsection (1) of this section may file a response with thecourt within thirty days after receiving such notice.(3) If a party notifiedunder subsection (1) of this section does not file a response with the courtor files a response that indicates there is no objection to the sealing ofthe record, the court may order the record of the juvenile under considerationbe sealed without conducting a hearing on the motion. If the court decidesin its discretion to conduct a hearing on the motion, the court shall conductthe hearing within thirty days after making that decision and shall give notice,by regular mail, of the date, time, and location of the hearing to the partiesreceiving notice under subsection (1) of this section and to the juvenilewho is the subject of the record under consideration.(4) If a party receivingnotice under subsection (1) of this section files a response with the courtobjecting to the sealing of the record, the court shall conduct a hearingon the motion within thirty days after the court receives the response. Thecourt shall give notice, by regular mail, of the date, time, and locationof the hearing to the parties receiving notice under subsection (1) of thissection and to the juvenile who is the subject of the record under consideration.(5) Afterconducting a hearing in accordance with this section, the court may orderthe record of the juvenile that is the subject of the motion to be sealedif it finds that the juvenile has been rehabilitated to a satisfactory degree.In determining whether the juvenile has been rehabilitated to a satisfactorydegree, the court may consider all of the following:(a) The age of the juvenile;(b) The natureof the offense and the role of the juvenile in the offense;(c) The behaviorof the juvenile after the adjudication and the juvenile's response to treatmentand rehabilitation programs;(d) The education and employment historyof the juvenile; and(e) Any other circumstances that may relate to the rehabilitationof the juvenile who is the subject of the record under consideration.(6) If, afterconducting the hearing in accordance with this section, the juvenile is notfound to be satisfactorily rehabilitated such that the record is not orderedto be sealed, a juvenile who is a person described in section 43-2,108.01may not move the court to seal the record for a period of one year, unlesswaived by the court.(7) The juvenilecourt or county court shall provide verbal notice to a juvenile whose recordis sealed, if that juvenile is present in the court at the time the courtissues a sealing order, and explain what sealing a record means.(8) The juvenilecourt or county court shall provide written notice to a juvenile whose recordis sealed under this section by regular mail to the juvenile's last-knownaddress, if that juvenile is not present in the court at the time the courtissues a sealing order, that explains what sealing a record means. SourceLaws 2010, LB800, § 29.Effective Date: July 15, 2010