LB 215 — Require the establishment of a program to provide second chance relief for eligible committed offenders

(c) Motor vehicle homicide, section 28-306, except for a misdemeanor violation;

(d) Assault by strangulation or suffocation, section 28-310.01;

(e) Criminal child enticement, section 28-311;

(f) Terroristic threats, section 28-311.01;

(g) Stalking, section 28-311.04, except for a misdemeanor violation;

(h) A violation of section 28-311.08;

(i) Violation of harassment protection order, section 28-311.09;

-3- LB215 LB215 2025 (j) Violation of sexual assault protection order, section 28-311.11;

(k) False imprisonment in the first or second degree, section 28-314 or 28-315;

(l) Sexual abuse by a school employee, section 28-316.01;

(m) Any sexual assault or sexual abuse offense, sections 28-317 to 28-322.05;

(n) Any domestic assault, section 28-323, except for a misdemeanor violation of subdivision (1)(c) of section 28-323;

(o) Any violation relating to abortion, sections 28-325 to 28-345 and section 28-347.04;

(p) Failure to report under Adult Protective Services Act, section 28-384;

(q) Knowing and intentional abuse, neglect, or exploitation of a vulnerable or senior adult, section 28-386;

(r) Any violation of the Homicide of the Unborn Child Act, sections 28-388 to 28-394;

(s) Any violation of the Assault of an Unborn Child Act, sections 28-395 to 28-3,101;

(t) Intentional or reckless performance of or attempt to perform an abortion in violation of the Pain-Capable Unborn Child Protection Act, section 28-3,108;

(u) Prohibited acts related to methamphetamine, chemical substances, and paraphernalia, section 28-457;

(v) Arson in the second or third degree, section 28-503 or 28-504;

(w) Violation of Counterfeit Airbag Prevention Act, section 28-644;

(x) Incest, section 28-703;

(y) Child abuse, section 28-707;

(z) Willful failure to report abused or neglected children, section 28-717;

(aa) Solicitation of prostitution, section 28-801.01, except for a misdemeanor violation;

-4- LB215 LB215 2025 (bb) Keeping a place of prostitution used by a person under the age of eighteen years, section 28-804;

(cc) Enticement by electronic communication device, section 28-833;

(dd) Resisting arrest, section 28-904, except for a misdemeanor violation;

(ee) Operating a motor vehicle or vessel to avoid arrest, section 28-905, except for a misdemeanor violation;

(ff) Escape or permitting an escape from official detention, section 28-912;

(gg) Accessory to escape of juvenile from custody of Office of Juvenile Services, section 28-912.01;

(hh) Introducing escape implements or contraband, section 28-913;

(ii) Perjury and subornation of perjury, section 28-915;

(jj) Bribery, section 28-917;

(kk) Bribery of a witness or witness accepting bribe or benefit, section 28-918;

(ll) Tampering with a witness or informant or jury tampering, section 28-919;

(mm) Bribery of a juror or juror accepting bribe or benefit, section 28-920;

(nn) Tampering with physical evidence, section 28-922;

(oo) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the third degree, section 28-931;

(pp) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional using a motor vehicle, section 28-931.01;

(qq) Assault by a confined person, section 28-932;

(rr) Assault with a bodily fluid against a public safety officer, -5- LB215 LB215 2025 28-934;

(ss) Animal fighting, prohibited acts, section 28-1005;

(tt) Knowing or intentional ownership or possession of animal fighting paraphernalia, section 28-1005.01;

(uu) Abandonment, cruel neglect, or cruel mistreatment of an animal or harassment of a police animal, section 28-1009, except for a Class IV misdemeanor violation;

(vv) Indecency with an animal, section 28-1010;

(ww) Violation of court order related to felony animal abuse conviction, section 28-1019;

(xx) Gambling debt collection, section 28-1105.01;

(yy) Unlawful possession of a firearm by a prohibited juvenile offender, section 28-1204.05, except for a Class IV felony violation;

(zz) Possession of a deadly weapon other than a firearm during commission of a felony, section 28-1205;

(aaa) Carrying a firearm or destructive device during the commission of a dangerous misdemeanor, section 28-1205, except for a misdemeanor violation;

(bbb) Possession of a deadly weapon other than a firearm by a prohibited person, section 28-1206;

(ccc) Unlawful possession of explosive materials in the first degree, section 28-1215;

(ddd) Unlawful sale of explosives, section 28-1217;

(eee) Obtaining an explosives permit through false representations, section 28-1219;

(fff) Possession of a destructive device, section 28-1220;

(ggg) Threatening the use of explosives or placing a false bomb, section 28-1221;

(hhh) Using explosives to damage or destroy property, section 28-1223;

(iii) Concealment of death to prevent determination of cause or -6- LB215 LB215 2025 circumstances of death, section 28-1302;

(jjj) Unauthorized computer access creating grave risk of death, section 28-1343.01;

(kkk) Operation of aircraft while under the influence of alcohol or drugs, third or subsequent offense, section 28-1469;

(lll) Violation of the Sex Offender Registration Act, section 29-4011;

(mmm) Placing burning materials or items likely to cause injury on highways, third or subsequent offense, section 39-311;

(nnn) Violation of domestic abuse protection order, section 42-924;

(ooo) Knowingly and intentionally dispensing alcohol in any manner to minors or incompetents resulting in serious bodily injury or death caused by the minors' consumption or impaired condition, section 53-180.05;

(ppp) Owner of a dangerous dog which inflicts serious bodily injury, second or subsequent offense, section 54-622.01;

(qqq) Violation of prohibitions relating to dangerous dogs, section 54-623;

(rrr) Abandonment, cruel neglect, or cruel mistreatment of a livestock animal, section 54-903, except for a misdemeanor violation;

(sss) Violation of court order not to own or possess a livestock animal, section 54-909;

(ttt) Driving under the influence with a prior felony conviction for driving under the influence, section 60-6,196.01;

(uuu) Any offense punishable under section 60-6,197.03, except for a Class W misdemeanor;

(vvv) Causing serious bodily injury to another person or an unborn child while driving under the influence, section 60-6,198;

(www) Prohibited acts relating to ignition interlock device, section 60-6,211.11;

(xxx) Violations regarding children in foster care, section 71-1905;

-7- LB215 LB215 2025 (yyy) Violation of Children's Residential Facilities and Placing Licensure Act, section 71-1950;

(zzz) Threatening or attempting to influence a member or an employee of the Board of Parole, section 83-198;

(aaaa) Operation of a motor vehicle while under the influence with disabled, bypassed, or altered ignition interlock device or without an ignition interlock device or permit in violation of Board of Pardons order, section 83-1,127.02;

and (bbbb) Threatening or attempting to influence a member of the Board of Pardons, section 83-1,133;

(3) Qualified offense does not include any offense for which:

(a) Registration is required under the Sex Offender Registration Act;

(b) Relief has already been provided under section 29-3523 or sections 43-2,108.01 to 43-2,108.05;

or (c) The penalty has been enhanced under section 29-2221.

(4) Qualified offense does not include any other offense involving as an element of the offense:

(a) Sexual contact or sexual penetration, as those terms are defined in section 28-318;

or (b) The infliction of serious bodily injury, as defined in section 28-109, or death.

(5) Qualified offense does not include:

(a) Attempt, under section 28-201, to commit any offense excluded from the definition of a qualified offense under this section;

(b) Attempt, under section 28-201, to commit any offense when such attempt is punishable as a Class IIIA felony or higher;

(c) Conspiracy, under section 28-202, to commit any offense excluded from the definition of a qualified offense under this section;

(d) Accessory to felony, under section 28-204, except for accessory violations punishable as a Class IV felony or a misdemeanor;

-8- LB215 LB215 2025 (e) Aiding consummation of felony, under section 28-205, for any felony excluded from the definition of a qualified offense under this section;

and (f) Aiding or abetting commission of an offense, under section 28-206, for any offense excluded from the definition of a qualified offense under this section.

Sec.

6.

 (1) Beginning January 1, 2026, a person shall automatically be eligible for clean slate relief under section 8 of this act for a qualified offense that is a misdemeanor if:

(a) The qualified offense was committed on or after January 1, 2021;

(b) Such person has not been convicted of, or adjudicated for, a misdemeanor or felony anywhere in the United States during the eligibility period described in subsection (3) of this section;

and (c) Such person has paid all court-ordered financial obligations related to such qualified offense.

(2) Eligibility for relief under this section shall be determined internally and administratively by the State Court Administrator and does not require involvement by the person in interest.

(3) The eligibility period for qualified offenses under this section shall be:

(a) For conviction of a qualified offense that is a Class I or II misdemeanor, ten years following the date of conviction;

(b) For an adjudication for a qualified offense that is a Class I or II misdemeanor, seven years following the date of conviction;

or (c) For a conviction of, or adjudication for, a qualified offense that is a Class III or lower misdemeanor, five years following the date of conviction or adjudication.

(4) No later than thirty days following expiration of the eligibility period under subsection (3) of this section, the State Court Administrator shall determine if a person convicted of, or adjudicated for, a qualified offense described in subsection (1) of this section is -9- LB215 LB215 2025 eligible for clean slate relief under this section.

If the State Court Administrator determines that a person is eligible, the State Court Administrator shall, within such same thirty-day period, notify the court of conviction or adjudication of such determination.

(5) Each court of conviction or adjudication shall, on a monthly basis, issue orders for clean slate relief under section 8 of this act for each person for whom the court received a notification under subsection (4) of this section.

(6) The State Court Administrator is not required to proceed under subsection (4) of this section if the State Court Administrator determines that the person in interest is deceased.

Sec.

7.

(1) A person convicted of, or adjudicated for, a qualified offense may petition the court for clean slate relief under section 8 of this act if:

(a) Such person has not been convicted of, or adjudicated for, a misdemeanor or felony anywhere in the United States during the eligibility period described in subsection (3) of this section;

and (b) Such person has paid all court-ordered financial obligations related to such qualified offense.

(2) This section applies to qualified offenses committed before, on, or after the effective date of this act.

(3) The eligibility period for qualified offenses under this section shall be:

(a) For conviction of a qualified offense that is a Class III or lower felony or a Class I or II misdemeanor, ten years following the date of conviction;

(b) For an adjudication for a qualified offense that is a Class III or lower felony or a Class I or II misdemeanor, seven years following the date of conviction;

or (c) For a conviction of, or adjudication for, a qualified offense that is a Class III or lower misdemeanor or an infraction, five years -10- LB215 LB215 2025 following the date of conviction or adjudication.

(4) The petition shall be filed in the court of conviction or adjudication.

There shall be no filing or docketing fee charged by the court for the filing of a petition except for the fee authorized by this subsection.

The court may charge a filing fee in an amount set by the State Court Administrator.

The fee shall be set at an amount to recoup the costs associated with administering the Clean Slate Act, but shall not exceed forty dollars.

(5) The court shall provide notice of the filing of the petition to the appropriate county attorney or city attorney within ten days.

The county attorney or city attorney shall provide notice to any victim of the offense of the request and provide an opportunity for the victim to provide the attorney with a statement for consideration by the court.

Within thirty days after receipt of notice, the county attorney or city attorney may file objections to the petition and shall file any victim statements.

If no objection is timely filed, the court may grant the petition without further hearing if the requirements of this section have been met.

(6) If the court determines that the person in interest meets the eligibility requirements, and the qualified offense:

(a) Is a felony, the court may grant the petition;

or (b) Is a misdemeanor or infraction, the court shall grant the petition.

(7) The court may grant a petition for a felony if the court finds that doing so will be in the best interest of the petitioner and consistent with the public welfare.

(8) Upon granting a petition under this section, the court shall issue an order for clean slate relief under section 8 of this act.

(9) An order granting or denying a petition under this section is a final, appealable order for purposes of section 25-1902.

Sec.

8.

(1) Following entry of a court order granting a person -11- LB215 LB215 2025 clean slate relief under sections 6 or 7 of this act, a criminal justice agency shall respond to a public inquiry in the same manner as if there were no criminal history record information and criminal history record information shall not be disseminated to any person other than a criminal justice agency, except as provided in subsections (4) and (5) of this section.

(2) In issuing an order for clean slate relief, the court shall:

(a) Order that all records, including any information or other data concerning any proceedings relating to the case, including the arrest, taking into custody, petition, complaint, indictment, information, trial, hearing, adjudication, correctional supervision, dismissal, or other disposition or sentence, are not part of the public record and shall not be disseminated to persons other than criminal justice agencies, except as provided in subsection (4) of this section;

(b) Send notice of the order to (i) the Nebraska Commission on Law Enforcement and Criminal Justice, (ii) the Nebraska State Patrol, and (iii) law enforcement agencies, county attorneys, and city attorneys referenced in the court record;

(c) If the order relates to an adjudication, send notice of the order to (i) the Department of Motor Vehicles, if the adjudication included impoundment or prohibition to obtain a license or permit pursuant to section 43-287, and (ii) the Department of Health and Human Services, if the person in interest was a ward of the state at the time the proceeding was initiated or if the department was a party in the proceeding;

(d) Order all parties notified under subdivisions (2)(b) and (c) of this section to seal all records pertaining to the case;

and (e) If the case was transferred from one court to another, send notice of the order to seal the record to the transferring court.

(3) In any application for employment, bonding, license, education, or other right or privilege, any appearance as a witness, or any other -12- LB215 LB215 2025 public inquiry, a person shall not be questioned with respect to any offense for which the record is sealed.

If an inquiry is made in violation of this subsection, the person may respond as if the offense never occurred.

(4) A criminal justice agency may, with respect to criminal history record information sealed under this section, disclose, disseminate, respond to inquiries regarding, or allow inspection of such criminal history record information:

(a) If the person in interest has made a notarized request for the release of information, to the extent authorized in such release;

(b) If the person in interest is currently the subject of prosecution or correctional control as the result of a separate arrest;

(c) If the person in interest is currently an announced candidate for or holder of public office;

(d) If the criminal history record information is kept unidentified, and the record is used for purposes of surveying or summarizing individual or collective law enforcement agency activity or practices, or the dissemination is requested consisting only of release of criminal history record information showing (i) dates of arrests, (ii) reasons for arrests, and (iii) the nature of the dispositions, including, but not limited to, reasons for not prosecuting the case or cases;

(e) To individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency that specifically authorizes access to the information, limits the use of the information to research, evaluative, or statistical activities, and ensures the confidentiality and security of the information;

and (f) In response to an inquiry for employment, security, or other purposes to the extent disclosure of such criminal history record information is required by:

(i) Federal law, including rules and regulations and rules and -13- LB215 LB215 2025 regulations promulgated by a self-regulatory organization created under federal law;

or (ii) State law, including rules or regulations, relating to operation of a motor vehicle or caring for or interacting with children, including, but not limited to, determining whether an application filed or a license issued under sections 71-1901 to 71-1906.01, the Child Care Licensing Act, or the Children's Residential Facilities and Placing Licensure Act or a certificate issued under sections 79-806 to 79-815 should be denied, suspended, or revoked.

(5) In addition to disclosures authorized under subsection (4) of this section, inspection of criminal history record information relating to an adjudication that has been sealed under this section may be made by the persons and for the purposes authorized in section 43-2,108.05.

Sec.

9.

(1) Upon petition of the county attorney or city attorney, and with notice to the person in interest and opportunity to be heard, the court shall vacate an order for clean slate relief issued pursuant to section 6 of this act if the court determines that the order was erroneously entered and not in accordance with section 6 of this act.

(2)(a) Upon conviction of, or adjudication for, a felony or misdemeanor, the county attorney or city attorney may file a motion requesting the court to enter an order vacating a prior order for clean slate relief issued pursuant to section 6 or 7 of this act.

(b) The court shall grant such motion if the new conviction is for:

(i) A felony;

or (ii) A misdemeanor that is not a qualified offense.

(c) The court may grant such motion if the new conviction is for a misdemeanor that is a qualified offense.

(3) Upon entry of an order under subsection (1) or (2) of this section, the court shall send notice of such order as provided in subsection (2) of section 8 of this act.

Sec.

10.

The State Court Administrator may adopt and promulgate -14- LB215 LB215 2025 rules and regulations as necessary to carry out the Clean Slate Act.

Sec.

11.

(1)(a) The Legislature finds that individuals serving long-term or life sentences who are rehabilitated and ready to be safely released from incarceration should be able to earn a second chance by receiving a commutation of their sentences from the Board of Pardons.

(b)(2) SecondFor purposes of this section, second chance relief ismeans a program through which the department, the Division of Parole Supervision, and the Board of Parole identify eligible committed offenders and work with them to apply for a commutation from the Board of Pardons.

(2)(3) The department, the Division of Parole Supervision, and the Board of Parole shall establish a program to provide recommendations for second chance relief as provided in this section.

(3)(4) A committed offender serving a sentence of imprisonment, including life imprisonment, is eligible for second chance relief under this section as follows:

(4)(5) The department shall regularly identify committed offenders who are eligible for second chance relief under this section or who will -1- AM556 AM556 LB215 LB215 AJC - 03/06/2025 AJC - 03/06/2025 become eligible within five years.

-15-(6) LB215 LB215 2025 (5) In determining whether an eligible committed offender is rehabilitated and a good candidate for second chance relief, the Board of Parole shall:

(6)(7) If the Board of Parole determines that an eligible committed offender is rehabilitated and a good candidate for second chance relief, the board shall make a recommendation to the Board of Pardons that such offender's sentence be commuted.

(7)(a)(8)(a) If the Board of Pardons receives a recommendation for second chance relief from the Board of Parole, the Board of Pardons shallmay promptly consider whether to grant a commutation of some or all of the remainder of a committed offender's sentence to a term of parole.

Such(b) termIf shallthe Board of Pardons determines not extendto longergrant thana commutation, the remainderboard may provide the committed offender with a list of steps or requirements that, if satisfied, would increase the termcommitted offender's chances of imprisonment.being granted a commutation at a subsequent review.

(b)The If the Board of Pardons determinesmay notalso to grant a commutation, the board shall provide the committed offender with a listprocess offor stepsseeking or requirements that the committed offender must satisfy to increase the chances the committed offender will be granted a commutation at a subsequent commutation review.

The(9) BoardIf ofa Pardonscommitted shalloffender alsois providegranted a processcommutation forand seekingparoled aunder subsequentthis commutationsection, review.the Board of Parole shall:

Upon completion of such steps or requirements, the committed offender may petition the Board of Pardons to grant a commutation.

The Board of Pardons shall review a petition for subsequent review and make a determination within thirty days after receipt of such petition.

(8) If a committed offender is granted a commutation and paroled under this section, the Board of Parole shall:

-16- LB215 LB215 2025 (b) Provide the committed offender with access to mentorship -2- AM556 AM556 LB215 LB215 AJC - 03/06/2025 AJC - 03/06/2025 programs and community support networks to facilitate successful reintegration into the community;

(9)(10) The Board of Parole shall implement a system for ongoing evaluation and adjustment of the second chance relief program based on outcomes and feedback.

12.2.

83-1,135 Sections 83-170 to 83-1,135.05 and section 111 of this act shall be known and may be cited as the Nebraska Treatment and Corrections Act.

13.3.

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