Most employers in Nebraska conduct pre-employment background screens on all candidates for entry-level positions. These types of general screens help employers confirm their applicants’ past employment and education and verify that they do not have any potentially disqualifying criminal convictions. Here are tips on how to perform a legal and comprehensive Nebraska background check.

Employers frequently conduct comprehensive background checks on candidates for supervisory or management positions.

This is because these employees typically have a much greater degree of responsibility than those in lower-level positions.

Some companies conduct employment screens at certain intervals on their current employees.

This might be because of industry regulations or to identify disqualifying issues that might arise after an employee has been hired.

Nebraska Public Records

Nebraska has a strong public records law on the books that gives the public access to many forms in many different state agencies.

Unlike some states that only allow residents to access public records, Nebraska enables any U.S. citizen access to records. It doesn’t matter if you live in Lincoln, Omaha, New York City, or Miami; anyone can request Nebraska public records.

While access isn’t restricted, finding and requesting records can be a bit challenging. Records are kept by different branches of government and by various state agencies, so it can be challenging to know where to start looking.

Those needing to access records have a right to submit a request through the Freedom of Information Act (FOIA).

Federal Laws on Employment Background Checks

Fair Credit Reporting Act

The federal Fair Credit Reporting Act (FCRA) is enforced by the Federal Trade Commission and was enacted to protect the accuracy, privacy, and fairness of consumers’ information that consumer reporting agencies collect and report and that employers use to make hiring decisions.

Employers must provide advance written notice to applicants and employees that they intend to complete background checks and must get their written permission before they can do so.

The FCRA also requires employers to complete the adverse action process before deciding against hiring applicants based on information obtained on background checks.

Title VII of the Civil Rights Act of 1964

The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing Title VII of the Civil Rights Act, which prohibits discrimination against job applicants and employees because of their membership in protected groups. Employers are prohibited by this law from discriminating when deciding which applicants to run background checks on based on protected characteristics.

Title VII also applies if an applicant’s background investigation turns up a criminal conviction. Before denying employment based solely on a criminal record, employers should evaluate each conviction specifically as it relates to the position for which the applicant has applied, according to the EEOC.

Nebraska State Laws on Employment Background Checks

Ban-the-Box Law

Public employers are prohibited from requesting information about a candidate’s criminal history during the initial stages of the hiring process under Neb. Rev. Stat. 48-202.

They are prohibited from asking applicants about their criminal histories on applications until they have decided that they meet the position’s minimal requirements.

Workplace Privacy Act

Employers are not permitted to request or demand a job applicant’s or employee’s user name, password, or other details for a social media account in accordance with Neb. Rev. Stat. 48-3503.

Additionally, it is against the law for employers to request that candidates or staff members log into their accounts in person or add anyone to their contact lists.

Additionally, it is against the law for employers to request that candidates or staff members log into their accounts in person or add anyone to their contact lists.

Background Check Information for Employment in Nebraska

Depending on the reports you request, your background check results in Nebraska may reveal certain information.

The majority of businesses ask for license and credential checks, employment and education verifications, and criminal background checks.

When hiring people to operate company vehicles, employers will probably demand a motor vehicle records check.

Pre-employment drug tests are another common requirement from employers.

In Nebraska, the following could be included in a background check before employment:

• Felony or misdemeanor convictions
• Unresolved criminal cases
• Arrests that resulted in convictions for crimes
• Registration as a sexual offender
• Location history
• Knowledge of history
• Including a person on the Domestic Terrorist Watch List

What could be displayed on some of these reports? Below, we’ll have a quick look.

Criminal History

The following information will be provided if you request a criminal background check for a candidate who has a criminal conviction:

• The offense’s date
• The offence’s nature
• The gravity of the offense (misdemeanor or felony)
• Disposition
• The disposition’s date
• Sentence

Education Verification

If you request proof of education, the following details for each institution attended will be provided:

• Name and location of each educational facility
• Dates of attendance at each institution of higher learning
• Certificates, degrees, or diplomas awarded

Verifying an applicant’s education enables you to ascertain whether they attended the universities they claim to have attended and received the diplomas, certificates, or degrees listed on their application or resume.

Employment Verification

If you request employment verification, the following details about each applicant’s prior employment will be provided:

• Name and address of each previous employer
• Employment dates
• Positions held and titles held

Nebraska offers the Nebraska Background Check Portal where you can find all kinds of records on people living in Nebraska. Other sources can be third party websites such as backgroundchecks.com, backgroundchecks.org, iprospectcheck.com, freebackgroundchecks.com.

With the help of these tips on conducting a Nebraska background check, you will not only but able to find more information on someone but also avoid breaking background check laws in the state. Try them out and see if they work for your situation.