At-a-Glance Compliance Overview

State Mini-FCRA Laws

Nebraska does not maintain a consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Massachusetts, or Colorado.

Employment background checks obtained from consumer reporting agencies are governed primarily by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

Nebraska does not impose state-specific reporting limits on criminal convictions in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

Record Sealing, Set-Aside, and Expungement

Nebraska provides limited forms of record relief, which differ significantly in scope and effect.

Sealing of Criminal Records

Relevant statute:

Neb. Rev. Stat. §29-3523 et seq.

Nebraska allows sealing of certain records, including:

• arrests or charges not resulting in conviction
• records associated with pardons
• limited qualifying circumstances defined by statute

Sealed records are removed from public access and generally will not appear in routine employment background checks.

Set-Aside of Convictions

Relevant statute:

Neb. Rev. Stat. §29-2264

Nebraska allows certain convictions to be set aside, which:

• nullifies the conviction for certain purposes
• does not remove the record from public access

Set-aside convictions may still appear in background checks, often with a notation reflecting the set-aside status.

Expungement

Nebraska provides extremely limited expungement, generally restricted to:

• arrests resulting from law enforcement error

Nebraska does not provide a broad expungement pathway for criminal convictions.

Fair Chance / Ban-the-Box Law

Nebraska has enacted a ban-the-box requirement applicable to public employers only.

Private employers may:

• inquire about criminal history at any stage of the hiring process
• include criminal history questions on initial job applications

No state or local timing restrictions apply to private employers.

Credit Check Restrictions

Nebraska does not have a statute specifically restricting employer use of credit reports for employment purposes.

Employers may obtain and use credit reports in compliance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers should ensure that any use of credit information is:

• job-related
• consistent with applicable anti-discrimination laws

Cannabis Use and Drug Testing Rules

Nebraska has not legalized marijuana for recreational or medical use (aside from limited CBD allowances) and does not provide employment protections related to marijuana use.

Employers may:

• maintain drug-free workplace policies
• require pre-employment drug testing
• discipline employees for positive drug tests

Pay Equity and Salary History Rules

Nebraska does not maintain a statewide salary history ban or pay transparency law affecting private employers.

Employers must comply with federal anti-discrimination laws governing compensation.

Local Fair Chance or Screening Ordinances

No local fair chance hiring ordinances, credit check restrictions, cannabis testing restrictions, or pay transparency laws affecting private employers have been identified in Nebraska.

Key Statutes

• Record Sealing – Neb. Rev. Stat. §29-3523 et seq.
• Set-Aside – Neb. Rev. Stat. §29-2264

Employer Compliance Checklist

Employers conducting background checks in Nebraska should implement several compliance practices.

• Follow federal Fair Credit Reporting Act disclosure, authorization, and adverse action requirements when ordering background checks.

• Distinguish between sealed records (not reportable) and set-aside convictions (still reportable).

• Ensure sealed records are not considered in employment decisions.

• Apply criminal history screening policies consistently to reduce discrimination risks.

• Evaluate use of credit information for job-relatedness and compliance with employment laws.

• Maintain clear workplace drug testing policies addressing controlled substance use and workplace impairment.