Nebraska Misdemeanor Classifications and Penalties

Nebraska misdemeanor classes run from Class I down through Class V, with a separate Class W reserved for driving under the influence.¹ Class I is the most serious, carrying up to a year in county jail and a $1,000 fine. Class V is the least serious, with a maximum $100 fine and no jail at all. Every misdemeanor sentence in Nebraska is served in county jail rather than state prison, and cases are heard in the county court system.²

The Seven Classes and Their Maximum Penalties

Class I: up to one year in jail, up to a $1,000 fine, or both.
Class II: up to six months in jail, up to a $1,000 fine, or both.
Class III: up to three months in jail, up to a $500 fine, or both.
Class IIIA: up to seven days in jail, up to a $500 fine, or both.
Class IV: no jail; up to a $500 fine.
Class V: no jail; up to a $100 fine.
Class W: DUI only, with mandatory minimums that climb with each repeat offense.

The “or both” language matters. For Class I through IIIA, a judge can impose jail alone, a fine alone, or the two together. For Class IV and V, jail is off the table entirely.¹ And despite the numbering, Class IIIA is less severe than Class III, not more.

Class I Misdemeanors

Class I sits one step below a felony. A conviction can mean up to a full year in county jail and a fine of up to $1,000.¹ Third-degree domestic assault and stalking that doesn’t rise to a felony are Class I offenses.³ So is theft of property valued between $500 and $1,500.⁴ Ordinary third-degree assault, when it is not the product of a mutual fight, is also a Class I misdemeanor.⁵

Class II Misdemeanors

A Class II conviction carries up to six months in jail and a fine of up to $1,000.¹ Theft of property or services worth $500 or less lands here.⁴ Third-degree assault drops from a Class I to a Class II when both people willingly entered the fight, on the reasoning that shared responsibility for the altercation lowers each participant’s culpability.⁵

Class III and Class IIIA Misdemeanors

Class III allows up to three months in jail and a $500 fine. Class IIIA caps out at seven days in jail and a $500 fine.¹ A common Class III offense is minor in possession of alcohol for someone 19 or 20 years old.⁶ Jail exposure at these levels is short, but a conviction still creates a criminal record that appears on background checks.

Class IV and Class V Misdemeanors

Neither Class IV nor Class V carries jail time. Class IV tops out at a $500 fine; Class V tops out at $100.¹ These are the bottom of the misdemeanor ladder, but they are still criminal offenses rather than civil infractions, and the conviction becomes part of the state’s official court records.

One point of confusion worth flagging: possessing one ounce or less of marijuana on a first offense is not a Class IV misdemeanor. Nebraska classifies it as an infraction with a $300 fine, and an infraction does not create a criminal conviction.⁷

Class W Misdemeanors (DUI)

Nebraska reserves Class W exclusively for driving under the influence and refusal to submit to a chemical test.¹ Unlike every other class, Class W uses mandatory minimums. A judge cannot go below the statutory floor, and those floors climb sharply with each subsequent conviction.

First Offense

A first-time DUI carries a mandatory minimum of seven days in jail, a $500 fine, and a six-month license revocation, with the jail maximum set at 60 days. If the court grants probation, jail is not required, but the offender still pays the $500 fine, serves a 60-day license revocation, and installs an ignition interlock device on any vehicle they drive.⁸

Second Offense

A second DUI brings an 18-month license revocation that cannot be reduced, even on probation. Without probation, the mandatory minimum is 30 days in jail and a $500 fine. With probation, the court substitutes either 10 days in jail or 240 hours of community service, along with the $500 fine and a 45-day no-driving period before the offender can apply for an interlock permit.⁸

Third Offense

A third conviction requires at least 90 days in jail, a $1,000 fine, and a 15-year license revocation. The jail maximum jumps to a full year. Probation alternatives are far more limited at this level.

How Long the State Has to File Charges

Nebraska prosecutors have a limited window. For most misdemeanors, the state must begin prosecution within one year and six months of the offense. For the lowest-level offenses, where the maximum punishment is a $100 fine or less and no more than three months in jail, the window shrinks to one year.⁹ In practice, that one-year deadline covers Class IV and Class V misdemeanors, and the 18-month window covers everything else.

When You Get an Appointed Attorney

The right to a court-appointed lawyer in a misdemeanor case is not automatic. Under U.S. Supreme Court precedent, the constitutional right kicks in only when the judge actually imposes jail time, a suspended jail sentence, or probation carrying the possibility of future incarceration.¹⁰ If the court plans to impose a fine only, an indigent defendant may not be entitled to appointed counsel. That distinction hits Class IV and Class V hardest, since those classes carry no jail component. A defendant charged with a Class I through IIIA offense has a much stronger claim to appointed counsel.

Setting Aside a Misdemeanor Conviction

Nebraska lets people petition the sentencing court to set aside a misdemeanor conviction once the sentence is complete. For offenders placed on probation or sentenced to a fine or community service, the petition becomes available after fulfilling all conditions and paying any fines. For those who served a jail sentence of one year or less, the petition opens after completion of the sentence.¹¹

The court weighs behavior since sentencing, the likelihood of future criminal activity, and any other relevant circumstances. If granted, the order nullifies the conviction and removes the civil disabilities it created. Some petitions must be denied outright: those from people with pending criminal charges, people required to register as sex offenders, and people convicted of a motor vehicle offense under the Nebraska Rules of the Road. The court will also deny any petition filed within two years of a previously denied petition.¹¹

Consequences Beyond the Sentence

The fine and jail time listed for each class are not the whole story. A misdemeanor conviction can trigger federal restrictions and long-term obstacles that have nothing to do with the county court that hears the case.

Federal Firearm Restrictions

Federal law permanently bans firearm possession for anyone convicted of a misdemeanor crime of domestic violence, regardless of how the state classifies the offense.¹² In Nebraska, this primarily affects Class I domestic assault convictions under Section 28-323. The federal ban covers any misdemeanor involving the use or attempted use of physical force against a spouse, former spouse, cohabitant, or co-parent, with no exception for law enforcement officers or military members.¹³

Immigration Consequences

Non-citizens face a separate layer of risk. A misdemeanor classified as a “crime involving moral turpitude,” which includes offenses involving fraud, theft, or intent to harm, can trigger visa ineligibility or removal proceedings under federal immigration law. A “petty offense” exception exists for a single conviction where the maximum possible sentence was one year or less and the person actually received six months or less of jail time. That exception could cover many Class I convictions in Nebraska if the judge imposes six months or less, but it applies only once. A second qualifying conviction eliminates the exception.¹⁴ Non-citizens charged with any misdemeanor should talk to an immigration attorney before entering a plea.

Professional Licensing

Nebraska law limits how much weight licensing boards can give a criminal record, but it does not eliminate the issue. A conviction can disqualify someone from a professional license only if it directly relates to the duties of the occupation and the person poses a substantial risk to public safety because they have not been rehabilitated.¹⁵ Boards cannot consider nonviolent misdemeanors unless specifically listed in the statutes, and they cannot ask about convictions that have been set aside, expunged, or pardoned.

Anyone with a conviction can submit a preliminary application to the relevant licensing board, at any time, to find out whether the conviction would be disqualifying. The fee for that preliminary review cannot exceed $100, and boards must waive it for applicants with income at or below 300 percent of the federal poverty level.¹⁵ If you’re worried a misdemeanor could block a career path, use the pre-screening before investing in training or education.

1
Nebraska Legislature. Nebraska Code 28-106 – Misdemeanors Classification of Penalties Sentences Where Served
2
Nebraska Judicial Branch. Additional Information Misdemeanor Cases in Nebraska
3
Nebraska Legislature. Nebraska Code 28-323 – Domestic Assault Penalties
4
Nebraska Legislature. Nebraska Code 28-518 – Grading of Theft Offenses Aggregation Allowed When
5
Nebraska Legislature. Nebraska Code 28-310 – Assault in the Third Degree Penalty
6
Nebraska Legislature. Nebraska Code 53-180.05 – Minor in Possession Penalties
7
Nebraska Legislature. Nebraska Code 28-416 – Prohibited Acts Violations Penalties
8
Nebraska Legislature. Nebraska Code 60-6,197.03 – Driving Under the Influence Penalties
9
Nebraska Legislature. Nebraska Code 29-110 – Criminal Statute of Limitations
10
Constitution Annotated. Modern Doctrine on Right to Have Counsel Appointed
11
Nebraska Legislature. Nebraska Code 29-2264 – Set Aside of Conviction
12
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
13
United States Department of Justice. Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence
14
U.S. Department of State. Ineligibility Based on Criminal Convictions
15
Nebraska Legislature. Nebraska Code 84-947 – Individual With Criminal Conviction Preliminary Application