Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Nebraska: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Nebraska's ban the box law applies only to public employers, requiring them to wait until an applicant has met minimum qualifications before asking about criminal history. Private employers may ask about criminal history on the initial job application and at any stage of the hiring process.
Criminal Record Lookback Period
Nebraska has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Nebraska has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Nebraska uses two different mechanisms rather than a single expungement process. A conviction may be set aside after probation is completed, which nullifies the conviction and restores civil rights, but the conviction still appears on a background check with a notation that it was set aside. Separately, dismissed charges, acquittals, completed diversions, and pardoned convictions may be sealed, which does remove the record from public access. Employers should not ask about or consider a sealed record.
Salary History Ban
Nebraska does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
Nebraska does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Nebraska has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Nebraska has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Nebraska has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Nebraska voters approved medical cannabis in November 2024, and the state is still building out its regulatory and licensing program. The law does not require an employer to permit medical cannabis use, possession, or impairment in the workplace, and employers may enforce zero tolerance drug policies and drug testing. Recreational marijuana remains illegal.
Pre-Adverse Action Notice & Waiting Period
Nebraska has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Nebraska has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Nebraska has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Childcare & Residential Care Screening
Nebraska requires a national, fingerprint based criminal history background check for child care staff members before employment, renewed at least once every 5 years. A related background check requirement applies to individuals working in residential child caring agencies.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
No known local ordinances affecting private sector background checks or hiring practices have been identified in Nebraska at this time. Neither Lincoln nor Omaha has enacted its own ordinance.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Nebraska gives employers wide latitude, but a few requirements still apply. To stay compliant:
Provide a clear disclosure and obtain written authorization before running a background check. Do not ask about or consider sealed criminal records. Run the required fingerprint based background check before hiring for any childcare or residential care role. Follow the FCRA's pre-adverse and final adverse action process before denying employment based on a report. Medical marijuana cardholder status does not need to be accommodated, and drug free workplace policies may still be enforced.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Nebraska Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Nebraska law.