Nebraska Revised Statutes

Neb. Rev. Stat. § 28-723 (2026)

Subject of report; request to amend, expunge, or remove information; denied; hearing; decision; appeal

✓ current as of July 2026

Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

At any time subsequent to the completion of the department's investigation, the subject of the report of child abuse or neglect may request the department to amend, expunge identifying information from, or remove the record of the report from the central registry of child protection cases maintained pursuant to section 28-718. If the department refuses to do so or does not act within thirty days, the subject of the report of child abuse or neglect shall have the right to a fair hearing within the department to determine whether the record of the report of child abuse or neglect should be amended, expunged, or removed on the grounds that it is inaccurate or that it is being maintained in a manner inconsistent with the Child Protection and Family Safety Act. Such fair hearing shall be held within a reasonable time after the subject's request and at a reasonable place and hour. In such hearings, the burden of proving the accuracy and consistency of the record shall be on the department. A juvenile court finding of child abuse or child neglect shall be presumptive evidence that the report was not unfounded. The hearing shall be conducted by the chief executive officer of the department or his or her designated agent, who is hereby authorized and empowered to order the amendment, expunction, or removal of the record to make it accurate or consistent with the requirements of the act. The decision shall be made in writing, at the close of the hearing or within thirty days thereof, and shall state the reasons upon which it is based. Decisions of the department may be appealed under the Administrative Procedure Act.

Notes of Decisions

Cited in 2 cases, 1999–2001 · leading case: Benitez v. Rasmussen, 626 N.W.2d 209 (Neb. 2001).

Sort: Relevance Newest Treatment

Benitez v. Rasmussen, 626 N.W.2d 209 (Neb. 2001). · cites it 7× “The denial was upheld by the director of the Department in a hearing under Neb. Rev. Stat. § 28-723 (Reissue 1995). Benitez then filed a petition for review in the district court, which affirmed the Department’s decision to deny expunction.”

Shearer v. Leuenberger, 591 N.W.2d 762 (Neb. 1999). · cites it 6× “PROCEDURAL PROTECTIONS DUE Having concluded that the Due Process Clause applies, the question is, What process is due? The majority correctly points out that under Neb.Rev.Stat. § 28-723 (Reissue 1995), an individual whose name is placed in the Registry may ask the DSS to amend…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.