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

Robert Stahle • May 16, 2019
A person is writing on a clipboard with a pen.

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.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.