Nebraska Background Check Laws

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Important guidelines for background checks and information on national criminal background checks, criminal record checks, criminal background checks, court fees and MVRs in the State of Nebraska. Nebraska employers who conduct background checks should be aware of the federal and state laws that govern them. Failure to comply with these laws could result in hefty fines, civil penalties, and potential prosecution. While Nebraska`s box ban law currently only applies to public employers, more and more states are passing prohibition laws for all employers. (b) This section does not prevent a public employer from preparing or submitting a request indicating that a criminal record check is required by federal, state, or employer policy. However, you will not receive information about out-of-state convictions, federal convictions, employment history, educational history, driving records, sex offender registry information, and other relevant contextual information. How often you should conduct background checks depends on the positions you offer and your industry. Contact us today to learn more about the background check services we offer and request a free quote: (888) 808-9997 This page has been created to provide a simple explanation of what an end user of a background check report (also known as a consumer report) can use to comply with the laws of the State of Nebraska. This page also contains the steps an end user must follow to comply with the laws of the State of Nebraska. When you request a criminal history check on a convicted applicant, the following types of information are reported: Many companies in the manufacturing industry also conduct ongoing drug testing to ensure a safe work environment.

Companies that provide services to vulnerable populations also conduct background checks on their current employees on a regular basis. Employers who are Nebraska residents or who hire Nebraska residents must comply with the federal FCRA and applicable Nebraska labor laws. Employers must notify applicants and employees in advance in writing that they intend to conduct a background check and must obtain their written permission before they can do so. Are you compliant? These 6 steps will help you ensure compliance with background checks. Nebraska has several laws and regulations that require or restrict the use of historical information in hiring situations. You should be aware of these restrictions before ordering a Nebraska State background check. Below, we have described the most important legal restrictions. Title VII of the Civil Rights Act is enforced by the Equal Employment Opportunity Commission (EEOC) and prohibits discrimination against applicants and workers in the workplace on the basis of their membership in protected groups. Under the Act, employers may not discriminate on the basis of protected characteristics when selecting candidates for background checks. For more information about the laws of the State of Nebraska, please consult your legal counsel. (a) Law enforcement agency means an agency or department of that State or a political subdivision of that State responsible for preventing and detecting crime, enforcing the criminal law, traffic laws or traffic laws of that State or any political subdivision of that State; and executing arrest warrants.

Law enforcement includes a police department, a city marshal`s office, a county sheriff`s office, the Nebraska State Patrol, and each assigned department to which a state deputy sheriff is assigned under section 84-106; and Based on our experience with background checks in Douglas County, Lancaster County, Sarpy County and more, we have written this guide as a resource for employers. Individuals who apply for jobs that require regular driving are likely to have their driving records checked. Most companies require criminal background checks, employment checks, education checks, and license and login credentials. There are many reasons why employers in Nebraska typically conduct background checks on candidates. FCRA time limits do not apply to conviction records, which can be reported regardless of age. They also do not apply to employment history, education and other relevant background information. If you order a state background check report, you must file a fee of $15.50 for each report. Hire Image offers comprehensive background checks in Nebraska, including the following: Employers who provide services to children, seniors, people with disabilities, and people with mental illness conduct specialized checks that are much more thorough than regular employment background checks. Nebraska background checks help employers mitigate liability risks and ensure they hire safe, trustworthy, and qualified employees for their vacancies.

Does your background check program comply with the new laws? We have a wide range of different types of background check reports that allow you to select only the information you want without having to pay for unnecessary information. Employers often conduct thorough background checks on candidates for supervisory or managerial positions. The FCRA also requires employers to complete the adverse actions process before deciding not to hire candidates, based on information obtained during background checks. For more information and helpful and up-to-date resource guides for your drug testing history and needs, visit the Hire Image Resource Library. Currently, there is a law in Nebraska banning the box. Nebraska`s Bill 907 was signed into law by the state`s governor in April 2014. The legislation prohibits state public employers from asking criminal record questions in job applications or interviews. It applies to state, district and city governments and most related departments. There are exceptions for law enforcement and school districts. Currently, there is no law preventing private employers in Nebraska from inquiring about criminal past whenever they wish. There is no law in Nebraska that limits employers` ability to access or consider arrest history information. Until an arrest has been formally removed from the public registry, employers can inquire about the arrest and take it into account in the decision-making process.

Although there is no state law prohibiting the use of arrest records, the Equal Employment Opportunity Commission advises employers across the country not to consider arrests that have not resulted in convictions. If there is arrest but no conviction, there is no proof of guilt and therefore no valid reason to disqualify a candidate on the basis of this information. At the very least, employers should thoroughly investigate these arrest records and determine why they did not lead to a conviction. Since the average employer does not have the resources to conduct such an investigation, is committed to removing arrest records from our background check reports. This background check in Nebraska, like our other criminal screening products, will not provide information on arrest records. Nebraska law does not allow employers to contemplate arrests that have been removed. The same rule applies to criminal convictions that have been removed from the public register. When it comes to arrests, Nebraska has several newspapers indicating when and why arrests should be removed. A subject does not necessarily need to ask the court to delete a previous arrest from their record. Instead, arrests must be automatically removed in three situations: Several types of adverse information in background check reports can disqualify applicants. The need to make quick hiring decisions is another reason to consider working with iprospectcheck. Our access to reliable databases and state-of-the-art research techniques allows us to return background check reports to our clients in just a few hours.