Background checks - Nebraska

Summary of differences between federal and state regulations

Arrest and conviction record inquiries

Applies to public employers. Legislative Bill 907, 2014.

Effective April 26, 2014, a public employer may not ask an applicant for employment to disclose, orally or in writing, information concerning the applicant's criminal record or history, including any inquiry on any employment application, until the public employer has determined the applicant meets the minimum employment qualifications.

Nebraska has no laws or regulations specifically prohibiting arrest or conviction record inquiries by private employers.

State

Contacts

Employer immunity from disclosure claims

Nebraska Department of Labor

Arrest record inquiries

Nebraska Equal Opportunity Commission

Conviction record inquiries

Nebraska Equal Opportunity Commission

Regulations

Employer immunity from disclosure claims

Nebraska Statute 48-209: Service letter; contents

Nebraska Statute 48-210: Service letter; form

Nebraska Statute 48-211: Service letter; failure or refusal to supply; penalty

Nebraska LB959; An act relating to labor; to provide immunity to employers for job references.

Arrest record inquiries

Nebraska Statute 29-3523, Criminal history record information; notation of an arrest; dissemination; limitations; expungement

Conviction record inquiries

None.

Federal

Contacts

Employer immunity from disclosure claims

None.

Arrest record inquiries

Equal Employment Opportunity Commission (EEOC)

Conviction record inquiries

Equal Employment Opportunity Commission (EEOC)

Regulations

Employer immunity from disclosure claims

None.

Arrest record inquiries

None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.

Conviction record inquiries

None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.