Nebraska Arrest Records and Warrant Search
What is an arrest record?
Arrest records from Nebraska are crime history listings of all charges, detentions and case dispositions in the name of an individual. A definition of crime history information and the regulations governing its collection have been dictated in Nebraska Revised Statutes Section29-3515. The law states that although there is no such thing as countrywide criminal history records, this information is to be held within a designated central location after being assimilated from prosecutors, court systems and law enforcement agencies functioning in the state.
In the state of Nebraska, the State Patrol has been appointed as the authority in charge of maintaining crime history information and its dissemination for the purpose of public safety and to agencies that are within the judicial and justice folds of the state and the nation. The database hosted by the agency comprises of details on arrests made by all law enforcement agencies working within the state. This information including details on the arrestee and his/her fingerprints are relayed to the NSP after the booking process has been completed.
Most felony crimes, serious and gross misdemeanors and even DUI cases are listed in the repository. However, you will not be able to find detail on misdemeanor arrests where the accused was not fingerprinted and cases where a citation was issued but the suspect was released after being detained. Also matters in which charges were filed by the state prosecution and the defendant did appear as summoned but he was never arrested or fingerprinted cannot be found in this repository.
To put it simply, the database maintained by the State Patrol is linked with the Automated Fingerprint Identification System (AFIS) operated by the agency. Hence, a criminal background report will not include details on any charges or cases where fingerprints were not taken; this would include most civic and traffic ordinance violations. Civilians can request arrest records and information on active warrants from the Criminal Identification Division of the State Patrol. The inquiry for limited crime history can be conducted on the basis of the name of the subject.
In response, the applicant will be given a RAP sheet (Records of Arrest and Prosecution) which will contain details on all convictions, arrests made in cases where the court delivered a guilty verdict or even when the offender is discharged, acquitted or if the case is dismissed. Details on arrests where no charges were filed will only be given up to the most recent years; charges that were dismissed will only be available for 3 years and those that were sent to diversion are only accessible for up to 2 years.
What is an arrest warrant?
Nebraska arrest warrants are court sanctioned orders for detention. These directives can only be issued by tribunals that have jurisdiction in criminal matters. A complaint has to be filed to seek such decrees; the role of the petitioner is played by the office of the sheriff or any law enforcement agency that is handling the criminal matter. Although provisions have been made for warrantless arrests in the Criminal Code of the state, such detentions are restrictive in nature.
Only under specific circumstances and in case of felony offenses can arrest be made without active warrants. Also, the fact that peace officers serving active warrants have additional liberties when it comes to the execution of these orders works in their favor. So, law enforcement agencies prefer to procure arrest warrants instead of going for detentions without warrants.
To get the pre-warrant proceedings started, the sheriff’s office has to file a charging affidavit in court. This document brings information about the crime and the alleged offender before the bench. The sworn statement contains the details that would be required to establish probable cause pertaining to the occurrence of the crime and the involvement of the accused in commissioning the said crime.
Contrary to popular perception, the evidence presented at this point does not have to be circumstantial or forensic; in fact it can be hearsay in part or whole. However, it has to clearly show that the police have reasonable cause to suspect the accused. If this cannot be proved, the charges may be dismissed or the witnesses may have to be called in for a sworn deposition.
While the court sanctions active warrants in NE, the serving of these directives is left to the police. However, it is not just peace officers from within the issuing county who can execute these orders. In their quest to effect detentions under outstanding warrants, peace officers from one geographical division can enter another legal jurisdiction ad even request support from the local law enforcement office.
In fact, even civilians can be summoned to render support in making arrests under warrants if a peace officer needs help in detaining a person who is resisting arrest. The use of physical force is also allowed within reason. After being taken into custody, the detainee is held till the court is ready to hear his bail petition. In the meanwhile, information on arrest records is relayed to the judiciary and the State Patrol.
How to search for an inmate in the Nebraska Prison System?
To find information on inmates being housed in the correctional facilities of NE, you will need to consult with the state entity that deals with the processing of criminals. The Department of Corrections runs state level penitentiaries, work release facilities and conditional release programs. Because crime history information, particularly details on convictions, is considered public, the agency offers a search tool to scour through their prisoner database. There are three ways in which you can initiate contact with the Department:
VINE hotlink and 24 hours service: For victims of crime, the agency offers 24 hour facility to access information on offenders who were involved in their complaint. You can call their VINE 24 hour service at 877-806-2909 or their Victim Identification and Notification Everyday hotline on 877-634-8463
Through mail or in person inquiries: It is also possible to seek data on prisoners by writing to the agency or visiting their head office in person. For this contact the Nebraska Department of Correctional Services, Records Administrator, P.O. Box 94661, Lincoln, NE 68509.
Online inquiries: The most efficient way for inmate lookup is through the web tool offered on the site of the DOC at http://www.corrections.nebraska.gov/. You can use the full name of the convict or his DCS ID number to initiate the inquiry.
Who can search for arrest records and warrants in NE?
Nebraska follows the open records protocol when it comes to the dissemination of the data held by state agencies including the Department of Corrections, the judiciary and the State Police. The local justice agencies such as the offices of law enforcement and county clerks are also covered by the Sunshine Laws of the state.
In keeping with the relatively free laws of the land on the matter, it is possible for just about anybody to seek crime history information including details on arrest records and outstanding warrants in NE. The agency which is approached for the warrant search is allowed to charge a fee for their services and they will provide both personal ad third party background checks.
How to Request Records Under the Nebraska Public Records Act?
A Record of Arrest and Prosecution (RAP) sheet is made available to all applicants who initiate a crime history inquiry through the Criminal Identification Division of the state. This will contain details on all arrests in the name of the subject along with case disposition regardless of how the matter played out in court. This means that you could also find out about cases that were dismissed, matters in which the defendant was acquitted and of course those where he was convicted.
To avail the background check facility, you will need the full name of the subject along with his date of birth and social security number and any known aliases. To offer this information, fill out the form at https://www.nebraska.gov/apps-nsp-limited-criminal/ You will have to incur a charge of $15 for the warrant search which can be paid through check or money order. Send the information and the payment to the agency by mail or deliver it in person at the:
Nebraska State PatrolCriminal Identification Division,3800 NW 12th St, Suite A,P.O. Box 94907Lincoln, NE 68509.
How Long Does An Arrest Record or Warrant Stay On File In Nebraska?
Nebraska arrest warrants are among the least restrictive judicial orders available to the police. These orders are not limited by time or geography, so they can not only be used to make arrests at any hour of the day or night but also at any time after their issue. This simply means that a few years or even a decade would not negatively impact the authority of an arrest warrant.
Directives of this nature are only bound by the conditions of arrest and release set by the magistrate at the time of issue. Otherwise, these orders do not have a fixed period of validity like bench warrants. They can also be executed in any place within the state or the country. As far as specific properties go, officers acting under an arrest warrants from NE can enter the home of the accused, public premises as well as places owned by third parties.
Arrest Records Search for the Biggest Cities in Nebraska: