Bill > LB226

This bill provides a comprehensive framework for setting aside convictions and expunging records related to certain concealed weapon offenses, creating a private legal cause of action for violations of criminal history information privacy, and waiving sovereign immunity for government agencies. Specifically, the bill defines a "concealed weapon offense" as a violation of a specific weapons statute (section 28-1202) or related accessory offenses, and allows individuals convicted of such offenses to file a motion to set aside their conviction at any time after completing their sentence. When considering such motions, courts must evaluate the person's post-sentencing behavior, likelihood of future criminal activity, and other relevant factors. The bill establishes a rebuttable presumption in favor of granting relief if the underlying conduct would no longer be considered a violation under current law. Additionally, the bill creates a mechanism for individuals to sue state agencies or political subdivisions for improper handling of criminal history information, with a four-year statute of limitations and an explicit waiver of sovereign immunity. The legislation is retroactive, meaning it applies to individuals regardless of when their original arrest, conviction, or adjudication occurred, and aims to provide broader opportunities for individuals to clear past criminal records related to concealed weapon offenses.