This bill amends sections 29-3528 and 29-3523 of the Nebraska Revised Statutes to provide a framework for setting aside and expunging records related to certain concealed weapon offenses. It defines "concealed weapon offense" and allows individuals convicted of such offenses to file a motion to set aside their conviction or adjudication after completing their sentence. The court will consider the individual's behavior post-sentencing and the likelihood of reoffending when deciding on the motion. A rebuttable presumption is established that the individual is entitled to relief if the conduct underlying their conviction would not be a violation under current law. Additionally, the bill allows for the sealing of criminal history records related to these convictions once the motion is granted.

Furthermore, the bill introduces provisions for private liability against state agencies or political subdivisions that fail to comply with the Security, Privacy, and Dissemination of Criminal History Information Act. It allows individuals aggrieved by such violations to seek damages and waives sovereign immunity for state entities in these actions. The statute of limitations for bringing such actions is set at four years or until January 1, 2029, for claims arising after January 1, 2015. The bill also harmonizes existing provisions and repeals the original sections of the statutes that are being amended.

Statutes affected:
Introduced: 29-3523, 29-3528