A bill was introduced in Georgia that would expunge a person’s criminal record of a DUI conviction. That raises the question as to how long do an incident remain on a person’s record in Nebraska. Omaha Defense Attorney James Martin Davis says there really isn’t such a thing as a record. He says there is a criminal history and many agencies receive that report.
He says when a person is arrested and booked, fingerprints and mug shots are taken.
Those fingerprints go back to the FBI to what is known as the NCIC – the National Criminal Information Center – and they stay there. So, anytime there is a crime or any time you may be a suspect there is a record of back in D-C with number one your fingerprints and number two what you’re booked for. This information is available to law enforcement nationwide.
Davis adds that trying to hide an arrest won’t work either. There is the agency record, newspaper, TV and radio coverage. Then there is Facebook and Google so Davis says there is no way in this day of technology that you will ever be able to erase your criminal history.
Davis says if a person is falsely accused or accused and then found innocent there are ways to get that expunged but it won’t disappear. You can file to get that instance removed if there are no charges filed. You can file an application or petition to have that arrest removed if you’ve successfully completed a diversion program or if the charges were dismissed even though you were arrested.
He says it is more effective to be convicted of a crime and get a pardon to have it erased then be charged with a crime and be found not guilty and try to expunge the record of that arrest. There is no eraser large enough.