Background Check in Nebraska: State Laws & Screening Procedures

Background checks are incredibly useful for employers, but other folks like landlords or the general public can benefit, too.

A Nebraska background check can reveal a person’s criminal history, credit status, employment records, and more. We’ll tell you where to get it, how to get it legally, the laws surrounding it, and what other information you can see.

What Are the Background Check Laws in Nebraska?

Federal and state laws govern the process of getting a background check report in Nebraska. The goal is to hold agencies accountable for conducting checks fairly, legally, and with respect for privacy and rights. The laws also balance the needs of employers or the party that makes the record request.

Nebraska Fair Employment Practice Act (NFEPA)

The Nebraska Fair Employment Practice Act (NFEPA) prohibits employment discrimination. Race, color, religion, sex, disability, marital status, or national origin cannot disqualify someone. It ensures equal opportunities for all.

The act also contains provisions on criminal involvement. An employer can’t immediately reject someone if a background check reveals criminal convictions. The nature of the offense, how long ago it occurred, and whether it is relevant to the job in question matters.

Federal Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) is a federal law that protects consumers. It regulates the collection, disclosure, and use of consumer information, including background checks. Under the FCRA, employers must get written consent from the individual beforehand. 

They must provide a copy of the report and a summary of rights before taking any adverse action. This transparency gives people the opportunity to correct any inaccuracies in their records.

Nebraska Equal Opportunity Commission (NEOC) Guidelines

The Nebraska Equal Opportunity Commission (NEOC) provides guidelines to prevent employment discrimination. The regulations impact how Nebraska employers use background checks when hiring.

Nebraska Revised Statutes Chapter 48 (Labor and Employment)

Nebraska Revised Statutes Chapter 48 includes various statutes related to labor and employment. The code offers clarity about how and when to use background checks. For instance, certain positions may need more stringent checks. Others may have limitations on what information they can consider.

Federal Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) prevents discrimination based on disability. Companies cannot refuse employment for individuals with disabilities when conducting background checks. Any information obtained must be consistent with the ADA’s requirements.

Federal Civil Rights Act of 1964 (Title VII)

Title VII of the Civil Rights Act of 1964 forbids employment discrimination based on race, color, religion, sex, or national origin. Employers must guarantee that their background check policies and practices do not result in disparate treatment or impact on protected classes.

Nebraska Credit Report Protection Act

The Nebraska Credit Report Protection Act regulates consumer reporting agencies and released information. It encourages accuracy and privacy in background checks. Consumer reporting agencies must follow specific procedures when collecting and disclosing information. Individuals have the right to dispute and correct inaccurate details in their reports.

Local Nebraska Fair Hiring Laws

Local jurisdictions may have extra fair hiring laws that apply to background checks. Take Sarpy County, Douglas County, and Lancaster County, for example. 

They may have “ban-the-box” laws that restrict when and how employers can ask job applicants about criminal histories. Know these local regulations to avoid hefty fines and legal proceedings for violations.

How Do I Get a State Background Check in Nebraska?

Getting a state background check in Nebraska involves several steps:

1. Identify the Type of Check: First, determine which type of check you need. (Criminal background check, employment verification, or any other specific type);
2. Contact the Nebraska State Patrol: The Nebraska State Patrol (NSP) is the agency responsible for conducting criminal history background checks in the state.    
3. Complete the Request Form: You’ll need to fill out a Criminal History Record Request form, which includes details such as the individual’s full name, date of birth, and any other required identification information. 
4. Provide Payment: A fee is required for processing the background check. Payment methods usually include credit/debit cards (for online requests) or checks/money orders (for mail requests). The fee amount may vary depending on the type of check requested. 
5. Fingerprinting (if required): Some background checks may require fingerprinting. If so, you can have your fingerprints taken at an NSP location or another authorized facility.
6. Receive the Results: The time it takes to receive your background check results can vary. Online requests typically have faster processing times, while mail-in requests may take longer.

What Shows Up on a Nebraska Background Check?

One of the main things people want to know is what kind of information they can find out. Here’s what you can expect from a Nebraska state background check:

Credit Background Checks

A credit check shows you an individual’s credit history. It highlights information about debts, payment history, and credit score. Landlords and employers ask for this report when trying to assess financial responsibility.

Civil Court Searches

Besides criminal activities, court records from civil cases reveal a person’s legal history. Civil court searches discuss things like lawsuits and judgments.

Criminal Background Checks

Possible criminal activity is a top priority for firearm dealers and employers. A criminal background check shows criminal convictions, pending charges, and sometimes arrest records.

Employment Verification

Employers may want to confirm employment history during the hiring process. Employment background checks will include job titles and durations of employment. The report helps businesses corroborate a candidate’s resume.

Driving Record Checks

If someone wants to get a job as a driver, for example, they’ll have to get a driving record check. The report provides details like traffic violations, suspensions, and DUI records.

Education Verification

Applicants must provide proof of the credentials they claim to have. The employer will need to verify any degrees and certifications necessary to work. They’ll also make sure the applicant attended the institution listed on their resume by conducting an education background check.

How Far Back Does a Background Check Go in Nebraska?

The length of time that a Nebraska background check can go back depends on the type of check. Generally, criminal checks can look back seven years. But, this can vary based on the nature of the crime and the specific position in question. 

For example, roles that involve financial responsibility or security need a deeper look. Always check with local regulations and specific requirements for precise information.

How Long Does a Background Check Take in Nebraska?

The turnaround time for a Nebraska background check can vary. It depends on who generates the report and what type of check you need. A standard background check can take anywhere from a few days to a couple of weeks to complete.

Extensive checks for criminal records can come back faster. The trick is to use online services instead of law enforcement agencies, if possible. More comprehensive searches, like employment background checks, may take longer.

How Long Does a Firearm Background Check Take in Nebraska?

A firearm background check in Nebraska can take a few minutes to a few days to complete. The National Instant Criminal Background Check System (NICS) tries to process them quickly. 

Delays can occur if further investigation is necessary, for example, if the initial check reveals potential disqualifying information. Agencies resolve most firearm background checks swiftly so that a lawful sale is possible.

How Long Does a Felony Stay on Your Record in Nebraska?

In Nebraska, a felony generally remains part of your permanent criminal history. There are legal processes for expungement or sealing of records that may apply. It depends on the nature of the felony and the time elapsed since the conviction. 

These processes change in complexity and eligibility requirements. If you want to try to clear your record, consult with legal professionals or state resources.

How Much Does a Background Check in Nebraska Cost?

The cost of a background check in Nebraska depends on the provider and the type of check you choose. On average, you can expect to pay anywhere from $10 to $50 for a basic check. 

It might include a simple criminal history report or credit check. Depending on the depth of the search, more thorough background checks can cost from $50 to $100 or more.

Where to Get a Background Check in Nebraska?

You can get a background check in Nebraska through various means:

• Online Services: Many background check sites offer quick and basic background checks for a fee.
• Professional Agencies: These agencies can conduct thorough checks and provide detailed reports.
• Government Offices: The Nebraska State Patrol and other state agencies offer background checks.

Best Background Check Sites

Here are some trusted and reliable options:

1. TruthFinder – Best for comprehensive reports
2. Instant Checkmate – Best for ease of use
3. BeenVerified – Best for employment checks

1

TruthFinder

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TruthFinder offers detailed background checks, including criminal records, contact information, and more. It’s a simple and thorough service with a comprehensive mobile app.

Pros

• Comprehensive reports
• Easy to use
• Mobile app available

Cons

• Can be pricey for single reports
• No FCRA compliant

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/ 5.0

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2

Instant Checkmate

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Instant Checkmate provides easy-to-understand reports and specializes in quick background checks. The interface is smooth, and the company offers a rapid turnaround. Instant Checkmate is ideal for those needing swift results.

Pros

• Simple interface
• Quick results
• Mobile app available

Cons

• Requires a subscription
• Some reports may lack detail
• No FCRA compliant

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/ 5.0

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3

BeenVerified

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BeenVerified excels in employment verification and offers a broad range of background checks. It’s perfect for Nebraska employers who need detailed employment histories of job candidates.

Pros

• Broad range of checks
• Detailed background checks
• Mobile app

Cons

• Subscription-based
• Some information might be old
• No FCRA compliant

Star Rating

/ 5.0

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Final Note on Background Check Nebraska

It’s critical to understand the laws and procedures surrounding background checks in Nebraska. You should know how to conduct and interpret these checks no matter who you are. 

Always use reputable services and stay informed about the legalities and remember that compliance with state and federal regulations helps protect all parties involved.

Disclaimer: Some background check sites are just for personal use and conducting basic people searches. Others, such as those used by potential employers, must comply with the Fair Credit Reporting Act (FCRA). This law limits the types of information you can find on other people. If you’re an employer or landlord using a background check for professional purposes, be sure to choose a site that’s FCRA compliant. Using a people search site that doesn’t comply with the FCRA to screen potential tenants, domestic workers or employees is illegal.

The information available on our website may not be 100% accurate, complete, or up to date, so do not use it as a substitute for your own due diligence, especially if you have concerns about a person’s criminal history. The services we mention do not make any representation or warranty about the accuracy of the information available through our website or about the character or integrity of the person about whom you inquire. For more information, please review each service’s Terms of Use.