This bill amends sections 29-3528 and 29-3523 of the Nebraska Revised Statutes to establish provisions 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. Additionally, if the underlying conduct would not be a violation under current law, there is a rebuttable presumption in favor of granting relief. The bill also allows for the sealing of records related to these convictions once they are set aside.

Furthermore, the bill introduces a private cause of action for violations of the Security, Privacy, and Dissemination of Criminal History Information Act, waiving sovereign immunity for state agencies and their employees in such cases. It establishes a statute of limitations for these actions and clarifies that they are not subject to the State Tort Claims Act. 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