A DUI conviction in Nebraska sits on three different records with three different clocks. It stays on your Nebraska driving record for five years from the date of the violation, on your criminal record permanently, and counts as a prior offense for sentencing purposes for 15 years.1Nebraska Department of Motor Vehicles. Nebraska Point System Which of those matters most depends on who is pulling the record and why.
Five Years on Your Driving Record
The Nebraska Department of Motor Vehicles assigns six points to your driving record for a first or second DUI conviction, and both the points and the conviction remain visible for five years from the violation date.1Nebraska Department of Motor Vehicles. Nebraska Point System Anyone pulling your driving record during that window sees it. In practice, that means your auto insurer.
Expect substantially higher premiums for the full five years. On top of that, Nebraska requires you to file an SR-22 certificate of financial responsibility, which must stay on file with the DMV for three years from the end of any court-ordered license revocation.2Nebraska Department of Motor Vehicles. Insurance Cancellation Suspensions If the SR-22 lapses at any point during those three years, your license gets suspended again.
The six points carry a separate risk. Twelve points in any two-year period triggers a six-month license revocation on the first point-revocation offense and a three-year revocation if it happens again within five years.3Nebraska Department of Motor Vehicles. Point Revocations A single DUI puts you halfway to that threshold, so routine tickets during the five-year window take on more weight than they otherwise would.
Permanent on Your Criminal Record
Your criminal record is a separate system from the DMV’s files. A DUI conviction creates a permanent criminal record maintained by the Nebraska State Patrol. It does not expire, and it does not drop off after any number of years.4Nebraska Legislature. Nebraska Code 29-3523 – Criminal History Record Information; Dissemination; Limitations
Nebraska law does allow certain arrest records to be removed from public view when charges are never filed, when a case is dismissed, or after a completed diversion program.4Nebraska Legislature. Nebraska Code 29-3523 – Criminal History Record Information; Dissemination; Limitations None of those apply to a conviction. The conviction stays visible on background checks run by employers, landlords, and professional licensing boards unless you successfully petition to have it set aside.
Fifteen Years for Sentencing Purposes
When Nebraska prosecutors or the DMV look at a new DUI charge, they check whether any prior DUI convictions fall within the past 15 years. That window determines whether the new charge is treated as a first, second, or third-plus offense, and the penalties escalate sharply at each level. The same 15-year period governs administrative license revocation by the DMV.5Nebraska Department of Motor Vehicles. Administrative License Revocation (ALR)
A conviction from 10 years ago makes a new arrest a second offense. A conviction from 16 years ago falls outside the window, and the new charge is sentenced as a first offense. The older conviction still sits on your permanent criminal record either way. The 15-year clock only controls how hard the court comes down on the new case.
Setting Aside the Conviction
Nebraska law lets some people petition the sentencing court to set aside a DUI conviction, but eligibility turns on how you were sentenced in the first place.
If you were placed on probation, sentenced to a fine only, or sentenced to community service, you can petition the court to set aside the conviction after you complete every condition, meaning finishing probation, paying fines, and completing any court-ordered treatment.6Nebraska Legislature. Nebraska Code 29-2264 – Probation; Completion; Conviction May Be Set Aside Most first-offense DUI defendants receive probation, so this pathway is open to a large share of people with a single DUI on their record.
If you were sentenced to jail without probation, the picture changes. Nebraska law specifically blocks set-aside petitions for motor vehicle offenses under the Rules of the Road when the petition comes through the non-probation pathway.6Nebraska Legislature. Nebraska Code 29-2264 – Probation; Completion; Conviction May Be Set Aside DUI is a Rules of the Road offense, so a straight jail sentence without probation closes this door. The limitation hits repeat offenders hardest, because higher-tier sentences are less likely to involve probation.
What a Set-Aside Does Not Do
A successful set-aside legally voids the judgment of guilt, and for most background checks the conviction stops appearing. The relief has real limits, though. Under the statute, a set-aside does not:6Nebraska Legislature. Nebraska Code 29-2264 – Probation; Completion; Conviction May Be Set Aside
- Erase the arrest record. Law enforcement still has access to the underlying arrest and case file.
- Prevent sentencing enhancement. A set-aside conviction still counts as a prior offense within the 15-year lookback if you are arrested for another DUI.
- Block impeachment. The prior conviction can still be used to challenge your credibility as a witness in court.
- Restore lost positions. The court is not required to reinstate any job, professional license, or office you lost because of the conviction.
A set-aside is worth pursuing for employment and housing purposes. It is not the clean slate people sometimes expect.
The Canada Problem
One consequence of the permanent criminal record catches people years after the fact: Canada can refuse to let you in. Canadian immigration law classifies impaired driving as a serious crime, and even a single misdemeanor DUI conviction from the United States can make you inadmissible at the border.7Government of Canada. Overcome Criminal Convictions Border officers have access to U.S. criminal databases and will see the conviction regardless of how old it is.
Canada offers a path called criminal rehabilitation that permanently resolves the inadmissibility. To qualify, at least five years must have passed since you completed your entire sentence, including probation, and you must show you are unlikely to reoffend.7Government of Canada. Overcome Criminal Convictions Until you clear that step, your option is a Temporary Resident Permit for individual trips. For anyone who travels to Canada for work or family, that means legal paperwork before every crossing.