Nebraska Background Check Laws

Nebraska does not have a statewide ban-the-box law that applies to private or public employers. Therefore, employers are generally permitted to inquire about an applicant's criminal history at any stage of the hiring process, subject to federal FCRA requirements and any local ordinances that may exist (though none are widespread).

Nebraska law does not significantly differ from or add to the federal FCRA regarding background checks for employment purposes. Employers must primarily adhere to the FCRA's requirements for disclosure, authorization, adverse action procedures, and permissible purpose when using consumer reports for employment decisions.

Nebraska generally follows the federal FCRA's seven-year reporting limitation for certain adverse information (e.g., arrests not leading to conviction, civil suits, paid tax liens) when the salary for the position is less than $75,000. However, convictions can generally be reported indefinitely under the FCRA. For positions with an annual salary of $75,000 or more, these reporting limitations do not apply. Nebraska state law does not impose additional, stricter limitations on reporting criminal records beyond the FCRA.

In Nebraska, records that have been expunged or sealed are generally not considered public records and should not be reported by background check providers. Employers should treat expunged or sealed records as if they never occurred. Requesting or using such information could lead to legal challenges. Nebraska Revised Statute § 29-3523 outlines the effect of an order to set aside a conviction, stating that it 'nullifies such conviction and restores such person to the status occupied before such arrest and conviction.'

Nebraska does not have a statewide 'fair chance' hiring law beyond the absence of a ban-the-box mandate. Employers are encouraged to consider the nature and gravity of the offense, the time that has passed since the conviction or completion of the sentence, and the nature of the job held or sought, consistent with EEOC guidance, but this is not mandated by state law.