Nebraska State Background Check Laws

The state of Nebraska does not have any statewide ban the box or laws similar in nature to the FCRA that cover both public and private employers. There is no comprehensive legislation for background checks Nebraska that allows for expungement of convictions from an individual’s criminal history records information.

Nebraska employers are prohibited from accessing an employee’s or applicant’s social media accounts, whether by requesting passwords, mandating that they be added as a contact on an individual’s account, or coercing the employee or applicant to sign on to their personal account in the employer’s presence. Nor may employers take any adverse action against an individual for failing to comply with such illegal requests. 

Employers do retain rights to maintain lawful workplace policies regarding the use of the employer’s electronic equipment, including policies regarding internet access and use. Employers can require employees to disclose information, such as usernames and passwords, in order for the employer to access electronic communication devices supplied, or paid for, by the employer, who also has the right to conduct investigations.

In April 2014, the Nebraska governor signed LB 907 into law, prohibiting public employers (the state, cities and counties) from inquiring into the past criminal history reports of job applicants until it has been determined that the applicant meets the minimum job requirements. 

Certain sensitive positions, such as law enforcement, with mandatory background checks in Nebraska are exempted from the state law. This legislation was originally introduced in January 2014 as LB 932. In the end, the language from LB 932 was incorporated into the larger, more comprehensive prison reform legislation of LB 907, in Section 12.

Cities Include: Omaha, Lincoln, Bellevue, Grand Island, Kearney, Fremont, Hastings, North Platte, Norfolk and more.

Note: This information is not intended to be legal advice. Please consult with your own legal counsel for advice related to your state/locality.