This bill amends sections of the Nebraska Revised Statutes to establish a process for setting aside and expunging records related to certain concealed weapon offenses. It defines "concealed weapon offense" and allows individuals who have completed their sentence or disposition to file a motion to set aside their conviction or adjudication. The court will consider the individual's behavior post-sentencing, the likelihood of reoffending, and other relevant information when deciding on the motion. A rebuttable presumption is established that individuals are entitled to relief if the conduct underlying their conviction would not be a violation of current law. Additionally, the bill provides for the sealing of criminal history records related to such convictions or adjudications 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 bring actions for damages and waives sovereign immunity for state entities involved in these actions. The statute of limitations for these claims is set at four years or until January 1, 2029, for actions accruing after January 1, 2015. The bill also harmonizes existing provisions and repeals the original sections that are being amended.

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