Background Screening Regulations in Nebraska

Get the facts on background checks in Nebraska. Review Nebraska hiring compliance laws.

What do Nebraska employers need to know about background checks?

Employers based in or hiring out of Nebraska need to be aware of several state-level regulations affecting criminal background screening. Nebraska employment screening laws include legislation aimed at fair chance hiring and industry-specific criminal screenings. In this article,  we will cover which industries have related legislation and what applicant data is usable for employers.

Key Takeaways

• Nebraska lawmakers have enacted legislation to protect vulnerable children and adults from potential abuse of authority.

• The Nebraska Department of Health and Human Services (DHHS) oversees regulations affecting prominent industries like healthcare and transportation.

• Employers in Nebraska are limited to seven years of criminal history per FCRA guidelines.

What are the background check laws in Nebraska?

In Nebraska, background check laws can be divided into two categories. The first is specific to industry job roles that put individuals in close contact with at-risk groups. The second is intended to assist candidates with criminal records in finding employment.

For a complete list of up-to-date legislation, visit the Nebraska Legislature’s Nebraska Revised Statutes by Chapter webpage.

Regulated Industries & Professions

Criminal background checks are required by state law in many professions to protect the vulnerable groups they serve. Here are four prominent examples:

• Social Service, Public Health, and Other DHHS-Regulated Professionals: §28-718 established the central registry for Child Protective Services (CPS), with section 376 later creating the Adult Protective Services Central Registry. The DHHS requires checks of both for licensing under any division they oversee.

• Healthcare Professionals: § 38-131 calls for checks on healthcare professionals in a variety of specialized fields for initial licensing. Applicants must submit their fingerprints to the Nebraska State Patrol for an FBI national criminal record check.

• Childcare Workers: § 71-1912 and related sections cover the licensing of childcare facilities and staff. Team members must be rescreened at a minimum of once every five years, and their fingerprints must be provided to the Nebraska State Patrol for an FBI national criminal history record information check.

• Transportation Services Professionals: § 81-6,120 notes background check requirements for transportation service staff contracted with the DHHS. Notably, those with felony convictions or found guilty of “crime involving moral turpitude” are barred from providing such services. Applicants must provide two sets of fingerprints and pay for Nebraska State Patrol-FBI national criminal screenings.

Fair Chance Hiring

Ban-the-box laws took effect in Nebraska in 2014 with LB 907. Following that, § 48-202 limits requests for applicant or employee disclosure of criminal history until applicants are determined to meet minimum employment qualifications. Exceptions are made for educational institutions and positions with mandatory screening requirements.

How far back can background checks go in Nebraska?

Nebraska has not passed legislation that affects the length of time background checks can search. Instead, reports are limited to the FCRA-standard seven-year period following a case disposition date. This rule applies only to non-conviction criminal cases, though, as felony records are permanent unless expunged or sealed.