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Is It Possible to Have a Criminal Record Sealed or Expunged?

Robert Stahle • May 16, 2019
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A criminal record can follow a person around for a lifetime, creating challenges in seeking employment, housing, and in some cases, an education. Permanent criminal records can exist for both arrests and convictions. When a person is ready to move beyond their past and start rebuilding their future, they often wonder if it’s possible to have their criminal records sealed from the eyes of the public.

The answer to this question depends on multiple factors. Let’s take a closer look at when criminal records may be sealed and who qualifies under Iowa and Nebraska laws.


When Can a Criminal Record Be Sealed?

Each state has its own laws regarding when they’ll considering expunging or sealing a criminal record. Generally, juvenile criminal records are either protected from public access, are sealed upon a person reaching adulthood or after meeting certain requirements. If it’s a juvenile criminal record that you’re concerned about, chances are good that it won’t damage your future – if you’ve engaged in no further criminal activity.

Adult crimes are an entirely different story. While some states will decide whether to seal a criminal record based on the type of crime and if the person has met certain requirements, Iowa and Nebraska are stricter with their laws.


Getting a Record Sealed in Iowa or Nebraska

Both Iowa and Nebraska have laws in place that allow for the sealing of a criminal record only in cases of juvenile crimes and cases where an actual conviction never occurred. What this means is if you’ve stood trial for criminal charges and were then acquitted on the charges were dismissed, you can petition to have the record of your arrest sealed. In Nebraska, records are automatically sealed upon an acquittal.

In Iowa, there is a bit more of a process to having your records sealed upon an acquittal. In order to have your records sealed in Iowa, all financial obligations ordered by the court must be paid, at least 180 days has passed since the acquittal, the defendant was not determined to be incompetent to stand trial, and the case must not have been dismissed due to reasons of insanity.

Iowa will also consider sealing a criminal record in cases of deferred judgement and for charges of public intoxication or juvenile possession if at least two years have passed since the offense.

In all other cases, if you did receive a conviction, the only way to have your record sealed is by receiving a pardon. If you are looking to be granted a pardon, a criminal defense attorney can help you with the process.


Speak with a Criminal Defense Attorney About Rebuilding Your Life Today

The only way to really understand if your criminal record can be sealed is by speaking with an experienced criminal attorney in the Siouxland area. It’s also important to know your rights when applying for employment, housing or loans with a criminal record. At Fitch & Stahle Law Office, we’re here to answer your questions and provide you with the criminal defense services you need. Contact Fitch & Stahle Law Office and request a free consultation today.

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What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.