Nebraska Employment Background Check Criminal Record — What Employers Can See and Do

A conditional job offer revoked because of a background check is the single most common trigger that drives people to pursue record relief in Nebraska. Understanding exactly what employers can access, what rules constrain them, and what a set-aside actually changes on a screening report can mean the difference between losing that offer and keeping it.

What Employers See on a Nebraska Background Check

Most Nebraska employers use third-party screening companies — Checkr, Sterling, GoodHire, HireRight — rather than searching state databases directly. These companies aggregate data from multiple sources: State Patrol records, county court dockets, the JUSTICE database, federal court records, and their own archived indexes.

An active, unconvicted arrest that was dismissed after December 31, 2016 should not appear — Nebraska law automatically seals those records. But anything resulting in a conviction is publicly visible unless you've obtained a pardon followed by a judicial sealing order.

If you've obtained a set-aside under § 29-2264, the conviction still appears on background checks. The critical difference is that it now carries a notation showing it was "set aside and nullified." That notation is visible on the State Patrol's RAP sheet within four to six weeks of the court order, but commercial screening companies often take longer to update — sometimes months.

Nebraska Ban the Box Rules

Nebraska does not have a statewide "ban the box" law that applies to private employers. However, the state has taken a step that matters for public employment:

Public employers: Nebraska's ban-the-box law (LB 907, 2014, codified at Neb. Rev. Stat. § 48-202) bars public employers — the state, counties, and cities — from asking about criminal history on the initial application. Public employers can only inquire about criminal history after determining the applicant meets minimum qualifications. This doesn't apply to positions where a background check is required by law (law enforcement, corrections, certain licensed professions).

Omaha and Lincoln: Neither city has enacted a municipal ban-the-box ordinance as of mid-2026. Private employers in Nebraska remain free to ask about criminal history at any point in the hiring process.

Federal contractors: If the employer is a federal contractor, additional protections under the Fair Chance Act (2019) may apply, delaying criminal history inquiries until after a conditional offer.

Can an Employer Legally Reject You for a Set-Aside Conviction?

Yes — with limits. A set-aside doesn't prohibit employers from considering the conviction. What it does is add a formal judicial finding of rehabilitation to the record. In practice, many employers treat a set-aside as strong evidence that the conviction shouldn't be held against you, particularly when the offense is old and unrelated to the job.

There are two legal guardrails:

EEOC guidance: Federal employment law doesn't ban criminal history screening outright, but the EEOC's enforcement guidance requires employers to conduct an individualized assessment — considering the nature of the offense, time elapsed, and relevance to the position — before disqualifying an applicant. A blanket "no felonies" policy applied to all positions can constitute disparate impact discrimination.

Fair Credit Reporting Act: If an employer uses a third-party background check company and decides not to hire you based on the report, they must provide a pre-adverse action notice (with a copy of the report), give you time to dispute any inaccuracies, and then send a final adverse action notice explaining the decision. If the report shows your conviction without the set-aside notation, dispute it immediately.

What You Can Do Right Now

If your record is blocking employment and you haven't yet pursued relief, two pathways are available:

Set-aside (§ 29-2264): Available for misdemeanors and felonies with sentences of probation, fines, community service, or jail of one year or less. No mandatory waiting period, though courts prefer to see one to three years of clean history post-sentence. Filing fees range from $87 to $144, or you can apply for a fee waiver.

Record sealing (§ 29-3523): Available only for non-conviction records, human trafficking cases, and pardoned convictions. If your dismissed case predates January 1, 2017, you'll need to file a motion manually — post-2016 dismissals are automatically sealed.

The Nebraska Expungement & Record Sealing Guide covers both pathways step by step, including how to prepare for a court hearing and how to follow up with commercial screening companies after you receive an order.

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