Nebraska employers who run background checks sit under two layers of rules. The first is federal: the Fair Credit Reporting Act governs how any employer in any state orders, uses and acts on a consumer report. The second is state specific: Nebraska has its own rules on when public employers may ask about criminal history, how long certain criminal history record information stays part of the public record, and how to request records from the Nebraska State Patrol. This guide walks through both layers so hiring teams know what is actually required, what varies by employer type, and where Nebraska has chosen not to legislate at all.
The federal baseline every Nebraska employer follows
Regardless of where a business is located, ordering a background check through a consumer reporting agency triggers the Fair Credit Reporting Act. Before requesting a report, an employer must give the applicant a clear, standalone written disclosure and get written authorization, separate from the job application itself, as set out in 15 U.S.C. 1681b. If the employer later decides not to hire, promote or retain someone based in whole or in part on the report, it has to send a pre adverse action notice with a copy of the report and the Summary of Rights, wait a reasonable period, and then send an adverse action notice if it proceeds. These steps apply the same way in Nebraska as anywhere else; the FCRA does not vary by state.
The FCRA also limits how old certain negative information can be when a consumer reporting agency reports it for employment screening. Under 15 U.S.C. 1681c, civil suits, civil judgments, arrest records and most other adverse items generally cannot be reported after seven years, though this limit does not apply to criminal convictions, which may be reported without a time limit under federal law. Separately, 15 U.S.C. 1681k requires a consumer reporting agency that compiles a report using public records likely to have an adverse effect on employment, such as court records, to either notify the applicant at the same time or maintain strict procedures to keep the information complete and up to date. None of this means every background check in Nebraska shows a record, or that every county or court in the state reports the same way. What actually appears depends on the record source, the reporting agency’s procedures and, as the next sections cover, Nebraska’s own rules on what stays part of the public record.
Nebraska’s ban the box rule applies to public employers
Nebraska has a statutory ban the box rule, but it is narrower than many employers assume. Under Neb. Rev. Stat. 48-202, a public employer, meaning a state or local government agency, may not ask an applicant to disclose criminal record or history, including on the employment application itself, until that employer has determined the applicant meets the minimum qualifications for the position. The statute carves out law enforcement agencies, positions where federal or state law requires a criminal history check, and positions where a criminal record specifically disqualifies the applicant by law. School districts and educational service units may still ask about criminal history related to sexual or physical abuse at any point in the process. The statute does not reach private employers; Nebraska has not extended a timing restriction on criminal history questions to private sector hiring, so private employers should look to their own policies and to Title VII’s disparate impact principles, discussed below, rather than to a state ban the box mandate.
Sealed and removed records under Nebraska’s criminal history statute
Nebraska law does not leave every arrest or filed charge permanently visible on the public record. Neb. Rev. Stat. 29-3523 sets out when criminal history record information has to come off the public record and be withheld from dissemination to anyone other than a criminal justice agency. If no charges are filed, the record generally stops being part of the public record one year after the arrest or citation. If charges are not filed because the person completed a diversion program, the record comes off after two years. If charges were filed but the case was dismissed, the person was acquitted, or the person completed a problem solving court program, the information comes off the public record immediately once the court or a criminal justice agency is notified. Nebraska also allows courts to seal records in specific situations beyond those automatic removals: a person who received a pardon can petition the sentencing court to seal the record, and the same applies to certain set aside convictions, including those tied to vacating a sex trafficking victim’s conviction under a related statute. Once a court grants a sealing order, agencies are required to treat the record as if it does not exist for public inquiries, with notice sent to the Nebraska State Patrol and other listed agencies so their systems reflect the seal. Employers should understand that a sealed or removed record is not simply hidden from a background check; by statute it is treated as not existing for public record purposes, and a consumer reporting agency should not be reporting it after a valid removal or seal.
Getting a criminal history record from the Nebraska State Patrol
The Nebraska State Patrol’s Criminal Identification Division is the state repository for criminal history records and handles requests for name based and fingerprint based checks. Employers that need a statutory fingerprint check, such as for a licensed profession or a position where state law requires it, submit fingerprints through the process described on the Nebraska State Patrol’s Criminal Identification Division page, and the agency also publishes the request process and fee structure for criminal history record requests generally. A state patrol record search reflects Nebraska arrest and court data as maintained by the state; it is not the same as a national FBI check and it will not surface out of state convictions unless those records have been separately reported into Nebraska’s system. Many consumer reporting agencies instead search county court records directly or use multi state criminal databases, which can turn up records a Nebraska State Patrol search alone would miss, and vice versa. Employers who rely on a single source for a Nebraska criminal history check should know its scope before assuming a clean result means a clean record everywhere.
Licensing boards and criminal history
Nebraska does not have one statute that tells every occupational licensing board how to weigh an applicant’s criminal history. Individual boards, from health care licensure under the Nebraska Department of Health and Human Services to boards governing trades and professions, set their own fingerprint and criminal history requirements and their own standards for what disqualifies an applicant, and those standards differ significantly by profession. Where a specific license requires a criminal background check, the request typically still runs through the Nebraska State Patrol’s fingerprint process described above. Employers hiring into a licensed role should confirm the current requirement directly with that profession’s licensing board rather than assuming a single statewide rule applies, because Nebraska has chosen not to centralize this in one law.
Drug testing
Nebraska does not have a comprehensive statewide statute governing private employer drug testing procedures, such as specimen handling, notice requirements or confirmation testing, the way some other states do. Employers in regulated transportation, aviation or other federally covered roles still have to follow the applicable federal testing rules for those positions regardless of state law. Absent a specific state or federal mandate, Nebraska employers generally set their own drug testing policies, and should apply them consistently and document them clearly given the lack of a dedicated state framework.
Discrimination principles still apply
Even where Nebraska has not legislated a specific restriction, federal nondiscrimination law still constrains how criminal history can be used. Title VII of the Civil Rights Act, described on the Equal Employment Opportunity Commission’s Title VII overview page, prohibits employment policies that have an unjustified disparate impact on a protected group, which is the framework the EEOC applies to criminal history screening generally. The agency’s older, more detailed 2012 enforcement guidance on arrest and conviction records has since been rescinded, so employers should not rely on that document; the agency’s current background check guidance for employers remains the better reference for how Title VII intersects with screening decisions. In practice this means a Nebraska employer may be able to decline an applicant based on a conviction that is directly job related, but a blanket policy that excludes anyone with any criminal record, regardless of the position or how long ago the record is from, carries legal risk under federal law even where Nebraska itself imposes no parallel restriction.
Nebraska rules at a glance
| Topic | Nebraska rule |
|---|---|
| Ban the box scope | Public employers only, under Neb. Rev. Stat. 48-202; no statewide private employer ban the box law |
| Lookback or removal of non conviction records | One year after arrest if no charges filed, two years after a completed diversion, immediate removal after dismissal or acquittal, under Neb. Rev. Stat. 29-3523 |
| Sealing or set aside | Court ordered sealing available for pardons and certain set aside convictions under Neb. Rev. Stat. 29-3523 |
| Licensing criminal history rule | Set by each individual licensing board; no single statewide statute |
| Drug testing statute | No comprehensive statewide private employer drug testing statute identified |
Frequently asked questions
Does Nebraska’s ban the box law apply to private employers?
No. Neb. Rev. Stat. 48-202 restricts when a public employer may ask about criminal history, and it specifically defines public employer as a government entity. Private employers in Nebraska are not covered by this statute.
How long does an arrest stay on a Nebraska background check if no charges are filed?
Under Neb. Rev. Stat. 29-3523, criminal history record information generally stops being part of the public record one year after the arrest, citation or referral for prosecution if no charges are filed, assuming none of the statute’s listed exceptions apply.
Can a Nebraska employer ask about a sealed or expunged record?
Once a court has granted an order sealing a record under Neb. Rev. Stat. 29-3523, that record is treated as not part of the public record for dissemination purposes, so it generally should not surface in a standard background check or be something the agency can ask about based on public records.
Does Nebraska require a specific waiting period before running a background check?
Nebraska’s ban the box statute requires public employers to wait until an applicant is found to meet minimum qualifications before asking about criminal history, but this applies to public employers, not to when a private employer may order a third party background check.
Is the EEOC’s 2012 guidance on arrest and conviction records still in effect?
No. That guidance document has been rescinded. Employers should rely on the EEOC’s current published guidance and on Title VII’s general disparate impact framework rather than citing the older document.
Where does a Nebraska employer request an official criminal history record?
The Nebraska State Patrol’s Criminal Identification Division processes criminal history record requests, including fingerprint based checks required for certain licensed positions.
Building this into your hiring process
A compliant Nebraska hiring process generally layers three things: the FCRA’s disclosure, authorization and adverse action steps for any third party report; Nebraska’s narrower public employer ban the box timing where it applies; and an awareness of which criminal history records the state no longer treats as public once the statutory periods run or a court seals them. Employers building or auditing their process can review how a standard background check moves through disclosure, ordering and adverse action in our employee background check guide, and compare how another state handles similar questions in our Missouri background check laws guide. For a closer look at how Reveal Background structures compliant screening for employers, visit revealbackground.com.
This article is general information, not legal advice. Employers should consult qualified counsel about how federal and Nebraska law apply to their specific hiring practices.
