Your Comprehensive Guide to Nebraska Public Records
Nebraska Public Records
Nebraska public records are documents and data created, maintained, or received by state and local government bodies. These records are governed by the Nebraska Public Records Statutes (Neb. Rev. Stat. §§ 84‑712 to 84‑712.09) and are intended to promote transparency and accountability in state and local government. Access may be limited where statutes explicitly exempt certain materials.
Are Nebraska Records Public?
Yes, most Nebraska government records are public under the Nebraska Public Records Law (Neb. Rev. Stat. §§ 84-712 through 84-712.09). This law establishes the presumption that government records are open to public inspection unless specifically exempted by law.
The Nebraska Public Records Law states that "all citizens of this state and all other persons interested in the examination of the public records" have the right to examine public records during normal business hours. Government agencies must provide reasonable facilities for making memoranda or abstracts from the records.
However, not all government records in Nebraska are public. The law provides specific exemptions for certain types of records, including:
- Personal information in records regarding personnel
- Medical records
- Trade secrets and proprietary business information
- Records that would infringe on personal privacy
- Records related to ongoing investigations
- Records protected by attorney-client privilege
- Certain security-related information
When a record contains both public and confidential information, agencies are required to provide the public portions while redacting the confidential information.
What Information Is Included in Nebraska Public Records?
Nebraska public records encompass a broad range of information created, received, or maintained by government agencies. These records typically include:
Vital Records:
- Birth certificates
- Death certificates
- Marriage licenses
- Divorce decrees
Property Records:
- Real estate transactions
- Property tax assessments
- Deeds and mortgages
- Land records
Court Records:
- Civil case files
- Criminal case files
- Court dockets
- Judgments and orders
Business Records:
- Corporate filings
- Business licenses
- Professional licenses
- UCC filings
Government Records:
- Meeting minutes
- Budgets and financial reports
- Contracts and agreements
- Correspondence
- Permits and applications
- Election results
- Voter registration information (with certain personal information redacted)
Law Enforcement Records:
- Arrest records
- Incident reports
- Sex offender registry information
- Jail records
Motor Vehicle Records:
- Vehicle registrations
- Driver's license information (with restrictions)
- Accident reports
Each type of record may contain different information depending on its purpose and the agency that maintains it. Some records may contain sensitive personal information that is subject to redaction before public disclosure.
What Does the Nebraska Public Records Law Do?
The Nebraska Public Records Law (Neb. Rev. Stat. §§ 84-712 through 84-712.09) establishes the legal framework for public access to government records in the state. This law serves several important functions:
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Establishes a Right of Access: The law affirms that all citizens and interested persons have the right to examine public records during normal business hours.
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Defines Public Records: Under Neb. Rev. Stat. § 84-712.01, public records include "all records and documents, regardless of physical form, of or belonging to this state, any county, city, village, political subdivision, or tax-supported district in this state, or any agency, branch, department, board, bureau, commission, council, subunit, or committee of any of the foregoing."
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Sets Response Timelines: Government agencies must respond to public records requests promptly. If immediate access is not possible, the custodian must provide the records within four business days or explain why more time is needed.
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Establishes Reasonable Fees: The law allows agencies to charge reasonable fees for copying records, not to exceed the actual cost of providing copies. Agencies may also charge for the time spent searching, identifying, and copying records if it exceeds four hours.
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Creates Enforcement Mechanisms: The law provides remedies for requesters who are denied access to public records, including the right to file a petition in district court.
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Specifies Exemptions: While establishing the presumption of openness, the law also recognizes certain categories of records that may be withheld from public disclosure to protect privacy, security, and other important interests.
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Requires Written Denial: If an agency denies a records request, it must provide a written statement explaining the reason for denial and inform the requester of the appeal process.
The Nebraska Public Records Law works in conjunction with other state laws that may specifically address certain types of records, such as the Health Information Protection Act for medical records or laws governing criminal history information.
How To Find Public Records in Nebraska in 2025
Accessing public records in Nebraska involves identifying the appropriate agency that maintains the records you seek and submitting a request according to that agency's procedures. Here's a step-by-step guide to finding public records in Nebraska:
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Identify the Custodian Agency: Determine which government agency maintains the records you need. Different types of records are held by different agencies at the state, county, or local level.
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Check Online Resources: Many Nebraska agencies now provide online access to certain public records through their websites. Before submitting a formal request, check if the information is already available online.
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Submit a Written Request: If the records are not available online, submit a written request to the records custodian. While Nebraska law does not require requests to be in writing, a written request creates a record of your inquiry and helps ensure clarity.
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Include Specific Information: Be as specific as possible about the records you seek, including relevant dates, names, and document types. This helps the agency locate the records efficiently.
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Follow Agency Procedures: Some agencies have specific forms or procedures for requesting records. Check the agency's website or contact them directly to learn about their requirements.
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Pay Required Fees: Be prepared to pay reasonable fees for copying and, in some cases, for search time exceeding four hours.
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Follow Up: If you don't receive a response within four business days, follow up with the agency. If your request is denied, ask for a written explanation of the denial.
For commonly sought records, here are the primary agencies to contact:
For Vital Records:
Nebraska Department of Health and Human Services, Office of Vital Records
1033 O Street, Suite 130, Lincoln, NE 68508
(402) 471-2871
Nebraska DHHS Vital Records
For Court Records:
Nebraska Judicial Branch
Nebraska State Capitol, 1445 K Street, Lincoln, NE 68508
(402) 471-3730
Nebraska Judicial Branch
For Business Records:
Nebraska Secretary of State
State Capitol, Suite 2300, Lincoln, NE 68509
(402) 471-2554
Nebraska Secretary of State
For Motor Vehicle Records:
Nebraska Department of Motor Vehicles
301 Centennial Mall South, Lincoln, NE 68509
(402) 471-3918
Nebraska DMV
For Criminal History Records:
Nebraska State Patrol, Criminal Identification Division
3800 NW 12th Street, Lincoln, NE 68521
(402) 471-4545
Nebraska State Patrol
Does Nebraska Have Free Public Records?
Nebraska law allows government agencies to charge reasonable fees for providing public records, but some records may be available at no cost, particularly if they are accessible online or if the request involves minimal resources.
Here's what you should know about free public records in Nebraska:
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Online Access: Many agencies provide free online access to certain public records. For example, the Nebraska Secretary of State offers free online searches for business entity information, and many county assessors provide free property record searches online.
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Inspection Only: If you only need to inspect records and don't require copies, Nebraska law allows for free inspection during normal business hours.
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Fee Waivers: Some agencies may waive fees if the request is in the public interest or if the requester demonstrates financial hardship, although this is not required by law.
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Minimal Requests: Small requests that require minimal staff time and resources may sometimes be fulfilled without charge, at the agency's discretion.
However, for most substantial records requests, you should expect to pay reasonable fees for copies and, potentially, for search time exceeding four hours.
How Much Does It Cost To Get Public Records in Nebraska?
Under Nebraska's Public Records Law, government agencies may charge reasonable fees for providing copies of public records. The law specifies that these fees should not exceed the actual cost of making the copies available.
Typical costs for public records in Nebraska include:
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Copy Fees: Agencies may charge for the actual cost of making copies. Paper copy fees typically range from $0.10 to $0.25 per page for standard black and white copies. Color copies or special formats may cost more.
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Search and Preparation Time: If fulfilling a request requires more than four hours of staff time, agencies may charge for the cost of the time spent searching, identifying, and copying records. The rate is typically based on the hourly wage of the employee performing the work.
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Specialized Costs: Some records may involve additional costs, such as:
- Certified copies of vital records: $17 for the first copy, $11 for each additional copy
- Criminal history reports: $18 per name search
- Driver's records: $3 per record
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Delivery Costs: If records need to be mailed or delivered electronically, agencies may charge for postage or electronic delivery costs.
Agencies must provide an estimate of costs if requested, and some may require prepayment for large requests. If you believe the fees are unreasonable, you can ask for a breakdown of the costs or negotiate with the agency for a fee reduction.
How Long Does It Take to Obtain Public Records in Nebraska?
Nebraska's Public Records Law establishes specific timeframes for agencies to respond to records requests:
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Initial Response: Agencies must respond to a request for public records "as soon as is practicable and without delay." If immediate access is not possible, the custodian must provide the records within four business days or explain why more time is needed.
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Extension Period: If the agency cannot provide the records within four business days, it must provide a written explanation of the delay and an estimated date when the records will be available. The law does not specify a maximum extension period, but agencies are expected to act in good faith and provide records within a reasonable timeframe.
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Factors Affecting Response Time:
- Volume and complexity of the request
- Need to review records for confidential information
- Need to retrieve records from storage or multiple locations
- Staff availability and workload
- Need for legal review
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Expedited Processing: Nebraska law does not specifically provide for expedited processing of urgent requests, but some agencies may accommodate such requests at their discretion.
For routine requests for readily available records, such as a single birth certificate or business filing, processing may take just a few days. More complex requests involving multiple records, extensive review, or older documents may take several weeks or longer.
If you don't receive a response within the four-day period, it's advisable to follow up with the agency. If you believe an agency is unnecessarily delaying access to records, you may have grounds for an appeal or legal action.
What Records Are Confidential In Nebraska?
While Nebraska's Public Records Law establishes a presumption of openness, certain records are confidential under state law and exempt from public disclosure. These exemptions are designed to protect privacy, security, and other important interests.
The following categories of records are generally confidential in Nebraska:
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Personal Privacy Information:
- Social Security numbers
- Financial account numbers
- Medical and health information protected under HIPAA and the Nebraska Health Information Protection Act
- Personal information in personnel records
- Home addresses and telephone numbers of public employees in certain circumstances
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Law Enforcement and Security Records:
- Records that would interfere with an ongoing investigation or prosecution
- Records that would disclose confidential informants
- Records that would endanger public safety or security
- Certain law enforcement techniques and procedures
- Juvenile criminal history information
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Proprietary Business Information:
- Trade secrets
- Confidential commercial or financial information
- Research data before publication
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Legal and Deliberative Process Records:
- Attorney-client privileged communications
- Attorney work product
- Records related to ongoing litigation
- Preliminary drafts and notes where no final decision has been made
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Specific Statutory Exemptions:
- Child welfare records
- Adoption records
- Certain tax return information
- Educational records protected under FERPA
- Library patron records
- Certain economic development information
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Critical Infrastructure Information:
- Detailed utility system plans
- Security measures and emergency response plans
- Computer network security information
When a record contains both public and confidential information, agencies are required to provide the public portions while redacting the confidential information. The burden is on the government agency to justify withholding records based on a specific exemption.
Who Has the Right To Request Public Records in Nebraska
Nebraska's Public Records Law is notably inclusive regarding who may request public records. According to Neb. Rev. Stat. § 84-712, "all citizens of this state and all other persons interested in the examination of the public records" have the right to access public records.
This broad language means that the following individuals and entities can request public records in Nebraska:
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Nebraska Residents: All citizens of Nebraska have an explicit right to access public records.
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Non-Residents: Unlike some states that restrict access to state residents, Nebraska allows "all other persons interested" to request records, regardless of citizenship or residency status.
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Organizations and Businesses: Companies, non-profit organizations, media outlets, and other entities may request public records.
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Representatives: Attorneys, researchers, or other individuals acting on behalf of another person or entity may submit requests.
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Media: Journalists and news organizations have the same right of access as any other requester, with no special privileges or restrictions.
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Incarcerated Individuals: Prisoners retain the right to request public records, although practical limitations may exist regarding how they can submit requests or receive records.
The law does not require requesters to:
- State the purpose of their request
- Identify themselves (although agencies may need contact information to respond)
- Be of legal age (minors can request records)
- Have any particular relationship to the subject matter of the records
This inclusive approach reflects Nebraska's commitment to government transparency and the principle that public records belong to the people, not to the government agencies that maintain them.
What Can Be Done With Public Records in Nebraska
Once obtained, public records in Nebraska can be used for various legitimate purposes, subject to certain legal limitations. Here are the common uses and restrictions regarding public records:
Permitted Uses:
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Personal Research: Individuals can use public records for personal research, such as genealogy, property research, or background information.
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Business Purposes: Companies may use public records for legitimate business purposes, such as:
- Verifying information about potential business partners
- Conducting due diligence for transactions
- Researching property for development
- Checking professional licenses
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Legal Proceedings: Public records can be used in legal proceedings, including as evidence in court cases, for legal research, or to prepare legal documents.
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Academic Research: Scholars and students can use public records for academic research and educational purposes.
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Journalism: Media organizations can use public records to report on government activities, investigate issues of public interest, and inform citizens.
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Civic Engagement: Citizens can use public records to monitor government activities, participate in public discourse, and hold officials accountable.
Restrictions and Limitations:
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Commercial Solicitation: Some specific types of records, such as motor vehicle records, have restrictions on use for commercial solicitation under federal laws like the Driver's Privacy Protection Act.
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Privacy Considerations: Even though records may be public, users should respect privacy concerns and use the information responsibly.
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Copyright Protection: Some public records may contain copyrighted material, which limits reproduction and distribution rights.
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Prohibition on Fraud: Using public records to commit fraud, identity theft, or other crimes is illegal.
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Redistribution Limitations: Some agencies may place restrictions on the bulk redistribution of certain records, particularly if they contain personal information.
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Data Aggregation Restrictions: There may be limitations on aggregating public records data to create comprehensive profiles of individuals.
It's important to note that while the government may restrict access to certain records, it generally cannot restrict the use of properly obtained public records except as specifically provided by law. However, ethical considerations should guide the use of public information, particularly when it contains personal details about individuals.
Key Agencies and Departments for Public Records in Nebraska
Nebraska maintains a comprehensive network of agencies responsible for creating, maintaining, and providing access to public records. Below are the key agencies and departments where you can obtain various types of public records:
Nebraska Secretary of State
State Capitol, Suite 2300, Lincoln, NE 68509
(402) 471-2554
Nebraska Secretary of State
Maintains business entity records, UCC filings, notary registrations, election records, and state regulations
Nebraska Department of Health and Human Services, Office of Vital Records
1033 O Street, Suite 130, Lincoln, NE 68508
(402) 471-2871
Nebraska DHHS Vital Records
Maintains birth, death, marriage, and divorce records
Nebraska Department of Motor Vehicles
301 Centennial Mall South, Lincoln, NE 68509
(402) 471-3918
Nebraska DMV
Maintains driver's license records, vehicle registrations, and accident reports
Nebraska State Patrol, Criminal Identification Division
3800 NW 12th Street, Lincoln, NE 68521
(402) 471-4545
Nebraska State Patrol
Maintains criminal history records, sex offender registry, and concealed carry permit records
Nebraska Judicial Branch
Nebraska State Capitol, 1445 K Street, Lincoln, NE 68508
(402) 471-3730
Nebraska Judicial Branch
Maintains court records, including civil and criminal case files
Nebraska State Historical Society (History Nebraska)
1500 R Street, Lincoln, NE 68508
(402) 471-4750
History Nebraska
Maintains state archives, historical records, and government documents
Nebraska Library Commission
1200 N Street, Suite 120, Lincoln, NE 68508
(402) 471-2045
Nebraska Library Commission
Provides access to state publications and government information
Nebraska Department of Revenue
301 Centennial Mall South, Lincoln, NE 68509
(402) 471-5729
Nebraska Department of Revenue
Maintains tax records, property tax information, and business tax registrations
Nebraska Department of Labor
550 South 16th Street, Lincoln, NE 68508
(402) 471-9000
Nebraska Department of Labor
Maintains employment records, unemployment insurance information, and workplace safety records
Nebraska Department of Education
301 Centennial Mall South, Lincoln, NE 68509
(402) 471-2295
Nebraska Department of Education
Maintains school district records, teacher certification information, and education statistics
Nebraska Department of Environment and Energy
245 Fallbrook Blvd., Suite 100, Lincoln, NE 68521
(402) 471-2186
Nebraska Department of Environment and Energy
Maintains environmental permits, compliance records, and natural resource information
Nebraska Department of Natural Resources
301 Centennial Mall South, Lincoln, NE 68509
(402) 471-2363
Nebraska Department of Natural Resources
Maintains water rights records, flood plain information, and dam safety records
Nebraska Department of Transportation
1500 Highway 2, Lincoln, NE 68502
(402) 471-4567
Nebraska Department of Transportation
Maintains highway plans, construction records, and transportation statistics
Nebraska Attorney General's Office
2115 State Capitol, Lincoln, NE 68509
(402) 471-2682
Nebraska Attorney General
Maintains records on consumer complaints, legal opinions, and charitable organizations
Nebraska Public Service Commission
1200 N Street, Suite 300, Lincoln, NE 68508
(402) 471-3101
Nebraska Public Service Commission
Maintains utility regulation records, telecommunications information, and transportation carrier records
Douglas County Clerk/Register of Deeds (Omaha)
1819 Farnam Street, H08, Omaha, NE 68183
(402) 444-7181
Douglas County Register of Deeds
Maintains property records, marriage licenses, and other county records for Nebraska's largest county
Lancaster County Clerk (Lincoln)
555 S 10th Street, Room 108, Lincoln, NE 68508
(402) 441-7484
Lancaster County Clerk
Maintains county records for Nebraska's second-largest county
How to Appeal a Denied Public Records Request in Nebraska
If your request for public records in Nebraska is denied, you have several options to appeal the decision. The Nebraska Public Records Law provides specific procedures for challenging a denial:
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Request a Written Explanation: If your request is denied verbally, ask for a written denial that explains the specific statutory basis for withholding the records. Under Neb. Rev. Stat. § 84-712.04, agencies must provide this written explanation within three business days.
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Informal Resolution: Contact the agency's public records officer or legal counsel to discuss the denial and see if the issue can be resolved informally. Sometimes, a denial may result from a misunderstanding about the records requested or the applicable exemptions.
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Petition the Attorney General: You may file a petition with the Nebraska Attorney General's Office, which can review the denial and issue an opinion on whether the records should be released. While the Attorney General's opinions are not legally binding, they carry significant weight and agencies often comply with them.
Nebraska Attorney General's Office
2115 State Capitol, Lincoln, NE 68509
(402) 471-2682
Nebraska Attorney General -
File a Court Petition: Under Neb. Rev. Stat. § 84-712.03, you have the right to file a petition in the district court of the county where the public record is located. The court can order the custodian to show cause why the records should not be produced.
Key aspects of the court petition process:
- The petition must be filed within 30 days after the custodian's denial
- The court must set a hearing within 3 to 10 days after the petition is filed
- The burden of proof is on the public body to justify withholding the records
- If you substantially prevail, the court may award reasonable attorney fees and costs
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Seek Assistance from the Nebraska Ombudsman's Office: The Ombudsman can investigate complaints about denied records requests and work with agencies to resolve disputes.
Nebraska Ombudsman's Office
State Capitol, Room 807, Lincoln, NE 68509
(402) 471-2035
Nebraska Ombudsman
When appealing a denial, it's helpful to:
- Keep copies of all correspondence with the agency
- Document all communications, including dates and names of officials contacted
- Be specific about which records you are seeking and why you believe the denial was improper
- Cite specific provisions of the Nebraska Public Records Law that support your position
The appeal process can take time, but persistence often pays off in obtaining records that should be publicly available.
Difference Between Federal and Nebraska Public Records
Understanding the distinctions between federal and Nebraska public records laws is important for effectively accessing government information. Here are the key differences:
Legal Framework:
- Federal: The Freedom of Information Act (FOIA), 5 U.S.C. § 552, governs access to federal agency records.
- Nebraska: The Nebraska Public Records Law, Neb. Rev. Stat. §§ 84-712 through 84-712.09, governs access to state and local government records in Nebraska.
Scope of Coverage:
- Federal: FOIA applies only to executive branch agencies of the federal government. It does not apply to Congress, federal courts, or private entities that receive federal funding.
- Nebraska: The Nebraska Public Records Law applies to all state, county, and local government entities, including executive agencies, legislative bodies, and the judicial branch.
Who Can Request Records:
- Federal: Anyone, regardless of citizenship or residency, can request records under FOIA.
- Nebraska: Similarly inclusive, allowing "all citizens of this state and all other persons interested" to request records.
Response Timeframes:
- Federal: FOIA requires agencies to respond within 20 business days, with possible 10-day extensions for "unusual circumstances."
- Nebraska: Agencies must respond within 4 business days or provide an explanation for delay and an estimated date of fulfillment.
Fee Structure:
- Federal: FOIA has a structured fee system with different categories for commercial, educational/non-commercial scientific, news media, and all other requesters. Fee waivers are available when disclosure is in the public interest.
- Nebraska: Fees are limited to the actual cost of providing copies and staff time exceeding four hours. The law does not explicitly provide for fee waivers, though agencies may do so at their discretion.
Exemptions:
- Federal: FOIA has nine specific exemptions, including national security, internal personnel rules, trade secrets, personal privacy, law enforcement records, and financial institution information.
- Nebraska: Exemptions are scattered throughout Nebraska statutes rather than being consolidated in the Public Records Law itself, making them somewhat more difficult to identify.
Appeal Process:
- Federal: FOIA provides for administrative appeals within agencies before judicial review, and lawsuits must be filed in federal court.
- Nebraska: Appeals go directly to state district court, with an optional petition to the Attorney General.
Electronic Records:
- Federal: The E-FOIA Amendments of 1996 specifically address electronic records and require agencies to provide records in electronic format when requested.
- Nebraska: The law defines public records to include those "regardless of physical form," but has fewer specific provisions regarding electronic records.
Proactive Disclosure:
- Federal: FOIA requires agencies to proactively publish certain categories of information without waiting for requests.
- Nebraska: Has fewer requirements for proactive disclosure, though some agencies voluntarily publish frequently requested information.
When seeking records that might be held by both federal and Nebraska agencies, it's important to understand which law applies and to submit separate requests following the appropriate procedures for each jurisdiction.