Nebraska has several laws and ordinances that dictate or restrict the use of criminal history information in hiring situations. You should be aware of these restrictions before you order a Nebraska state background check. Below, we have outlined the most relevant legislative limitations.
Ban the Box
Currently, there is one piece of ban the box legislation in effect in Nebraska. Nebraska Legislative Bill 907 was signed by the state governor in April 2014. The legislation bans public employers in the state from asking questions about criminal history on job applications or in interviews. It applies to state, county, and city governments and most related departments. There are exceptions for law enforcement agencies and school districts. At the moment, no law restricts private employers in Nebraska from inquiring about criminal history whenever they wish.
There is no law in Nebraska that restricts the ability of employers to access or consider arrest history information. So long as an arrest has not been officially expunged from the public record, employers may inquire about that arrest and consider it in the decision-making process. While no state law bans the use of arrest records, employers across the country are advised by the Equal Employment Opportunity Commission not to consider arrests that did not lead to convictions. If there is an arrest but no conviction, there is no proof of guilt and therefore no true grounds to disqualify a candidate based on that information. At very least, employers should investigate these arrest records thoroughly and determine why they didn’t lead to conviction.
Because the average employer does not have the resources to conduct such an investigation, backgroundchecks.com makes a point of excising arrest records from our background check reports. This Nebraska background check, like our other criminal screening products, will not provide arrest record information.
Nebraska law does not allow employers to consider arrests that have been expunged. The same rule applies to criminal convictions that have been removed from the public record. Regarding arrests, Nebraska has several protocols for when and why arrests should be expunged.
A subject does not necessarily need to petition the court for expungement to remove a past arrest from his or her record. Instead, state law holds arrests must be expunged automatically in three situations:
Employers should pay close attention to these factors if they decide to inquire about arrest histories.