Nebraska Background Check Laws (2026 Guide)

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title: "Nebraska Background Check Laws (2026 Guide)" description: "Learn about Nebraska background check laws covering employer screening, Ban the Box, set-aside provisions, record sealing, FCRA rules, housing and licensing checks, and recent reforms."

Key Takeaways

• Nebraska's Opportunity to Compete Act (Neb. Rev. Stat. 48-202) prohibits public employers from asking about criminal history until after determining an applicant meets minimum qualifications. Private employers are not covered by this state law.
• Nebraska follows federal FCRA lookback rules. There is no state-level restriction that shortens the reporting window for criminal convictions. Non-conviction records older than seven years generally cannot be reported for positions paying under $75,000.
• Individuals convicted of eligible offenses may petition to have their convictions set aside under Neb. Rev. Stat. 29-2264, though the conviction remains on the record with a notation that it has been voided.
• Record sealing is available for dismissed charges, acquittals, completed diversions, pardoned convictions, and sex trafficking survivors under Neb. Rev. Stat. 29-3523. Cases dismissed after December 31, 2016, are sealed automatically.
• Professional licensing in over 30 healthcare fields requires fingerprint-based national criminal history checks through the Nebraska State Patrol and FBI under Neb. Rev. Stat. 38-131.

Overview of Nebraska Background Check Laws

Nebraska does not have a single comprehensive background check statute. Instead, a combination of state laws, federal requirements, and agency-specific rules govern how criminal history information is collected, reported, and used.

The primary legal frameworks include the Opportunity to Compete Act (Neb. Rev. Stat. 48-202), the set-aside provisions (Neb. Rev. Stat. 29-2264), the record sealing statute (Neb. Rev. Stat. 29-3523), the Uniform Credentialing Act (Neb. Rev. Stat. 38-131), and the federal Fair Credit Reporting Act (15 U.S.C. 1681).

Nebraska is an open records state, meaning that most adult criminal history information is publicly accessible. However, certain records are excluded from public view under the sealing and set-aside statutes.

The Nebraska State Patrol Criminal Identification Division maintains the state's criminal history repository. Criminal history reports reflect all adult arrests in Nebraska where the individual was fingerprinted. Arrests that occurred in other states will not appear on a Nebraska criminal history report unless a fingerprint-based national check is performed.

Ban the Box: Nebraska's Opportunity to Compete Act

Nebraska became the first traditionally Republican-leaning state to adopt a Ban the Box law when Governor Dave Heineman signed LB907 into law in 2014. The bill passed the Legislature with a unanimous vote of 46-0.

Under Neb. Rev. Stat. 48-202, a public employer cannot ask an applicant for employment to disclose information about their criminal record or history, including any inquiry on any employment application, until the public employer has determined the applicant meets the minimum employment qualifications for the position.

Who Is Covered

The law applies to all state agencies and political subdivisions, including counties, cities, school districts, and other governmental bodies. The statute defines "public employer" as any department, agency, or instrumentality of the state or any political subdivision.

Who Is Not Covered

Private employers in Nebraska are not subject to the state Ban the Box law. There is no statewide requirement for private sector employers to delay criminal history inquiries. However, the cities of Lincoln and Omaha have not enacted separate local Ban the Box ordinances as of 2026.

Exceptions to the Ban

The Opportunity to Compete Act does not apply to:

• Law enforcement agencies, including police departments, sheriff offices, and the Nebraska State Patrol
• Any position where a criminal history record check is required by federal or state law
• Any position where federal or state law specifically disqualifies applicants with a criminal background
• School districts and educational service units, which may require disclosure of records relating to sexual or physical abuse

What Employers Can Still Do

Even under the Ban the Box law, public employers may conduct criminal background checks after they determine an applicant meets minimum qualifications. The application form may also state that a criminal history check is required by law or employer policy. The restriction only delays the timing of the criminal history inquiry in the hiring process.

Set-Aside Provisions Under Neb. Rev. Stat. 29-2264

Nebraska allows individuals to petition to have certain criminal convictions set aside, though this process does not erase the conviction from the criminal record. Instead, the court order adds a notation that the conviction has been voided.

Eligibility Requirements

A person may petition for a set-aside if they meet one of the following criteria:

• They were convicted and placed on probation, sentenced to a fine only, or sentenced to community service, and have satisfied all conditions and paid all fines
• They were sentenced to imprisonment of one year or less and have completed the sentence

Additional Restrictions

For individuals whose sentences included imprisonment, the following restrictions apply:

• No pending criminal charges anywhere in the United States or in a foreign jurisdiction
• The person is not required to register as a sex offender
• The conviction was not for a motor vehicle offense (misdemeanor or felony)
• The person has not had a set-aside petition denied within the past two years

What the Court Considers

The sentencing court evaluates several factors when deciding whether to grant a set-aside:

• The person's behavior and criminal history since sentencing
• The amount of time that has passed since the offense
• Evidence of rehabilitation, including employment, education, certifications, and community involvement
• The likelihood that the person will not engage in further criminal activity
• Whether the set-aside is consistent with the public welfare

Effect of a Set-Aside

A set-aside order voids the conviction and removes most civil disabilities associated with the conviction. However, a set-aside does not:

• Prevent the conviction from being used for sentencing enhancement in future criminal proceedings
• Restore firearm rights lost due to a felony or domestic violence conviction (only a pardon accomplishes this)
• Prevent consideration of the conviction in professional licensing decisions
• Affect sex offender registration requirements

Infractions, misdemeanors, and felony convictions are all eligible for set-aside, but separate petitions must be filed for each conviction.

Record Sealing Under Neb. Rev. Stat. 29-3523

Nebraska's record sealing provisions allow certain criminal records to be removed from public access. Unlike a set-aside, sealed records are treated as if the events never occurred.

Automatic Sealing

Records are sealed automatically in the following situations for events occurring after December 31, 2016:

• Charges are dismissed by the court on motion of the prosecuting attorney
• The defendant is acquitted after a hearing or trial
• A deferred judgment is completed
• A problem-solving court program approved by the Supreme Court is completed

Sealing After Waiting Periods

Records become eligible for sealing after specific waiting periods:

• One year from the date of arrest when the prosecutor declines to file charges
• Two years from the date of arrest when a diversion program is completed

Petition-Based Sealing

Individuals must petition the court for sealing in these situations:

• Cases dismissed prior to January 1, 2017 (the automatic provision does not apply retroactively for these cases)
• Convictions that have been set aside for individuals who were victims of sex trafficking
• Convictions that have been pardoned

Effect of Sealing

Once records are sealed, the individual cannot be questioned about the sealed offense in any employment, bonding, licensing, or educational application. Criminal justice agencies must respond to public inquiries as if the offense never occurred.

However, sealed records remain accessible to the individual upon request, authorized persons with the individual's consent, and criminal justice agencies including courts, law enforcement, and prosecutors.

Sealing does not remove evidence of the charge or conviction from privately maintained websites or from databases operated by private criminal background screening companies.

Lookback Periods and FCRA Interaction

Nebraska does not impose a state-level lookback period that is shorter than federal law. This means Nebraska follows the standard federal FCRA guidelines for how far back consumer reporting agencies may report criminal history information.

Federal FCRA Rules That Apply in Nebraska

Under the Fair Credit Reporting Act (15 U.S.C. 1681), consumer reporting agencies are subject to these reporting restrictions:

• Arrests that did not result in a conviction cannot be reported after seven years
• Civil judgments and civil suits cannot be reported after seven years
• Paid tax liens cannot be reported after seven years
• Bankruptcies cannot be reported after ten years

No Time Limit on Convictions

Criminal convictions may be reported indefinitely under both federal and Nebraska law. There is no seven-year or ten-year cap on reporting criminal convictions in Nebraska.

Salary Threshold Exception

For positions with an annual salary of $75,000 or more, the seven-year limit on non-conviction information does not apply under the FCRA. Consumer reporting agencies may report older non-conviction records for higher-paying positions.

Employer Obligations Under the FCRA

Employers in Nebraska who use consumer reporting agencies for background checks must:

• Provide written notice to the applicant or employee that a background check may be obtained
• Obtain written authorization from the individual before requesting the report
• Follow the adverse action process before making a negative decision based on the report, which includes providing a pre-adverse action notice, a copy of the report, and a summary of rights
• Provide a final adverse action notice if the decision stands

Employer Background Checks

Private employers in Nebraska have broad discretion to conduct criminal background checks on applicants and employees, subject to federal FCRA requirements and anti-discrimination laws.

Types of Checks Available

Employers or their designated consumer reporting agencies can access several types of criminal history information:

• Name-based criminal history reports through the Nebraska State Patrol, available to any member of the public for a $30 fee
• Fingerprint-based national checks through the FBI, available only when required by state or federal law
• County court record searches
• Federal court record searches
• Sex offender registry checks
• Multi-state database searches through private screening companies

Processing Times and Costs

Name-based reports through the Nebraska State Patrol are processed within three business days. The fee is $30.00 per report. Reports remain accessible for 14 days after generation.

Fingerprint-based national checks cost approximately $55.00 and may take four to six weeks to process. Fingerprint collection is available at Nebraska State Patrol Troop Area Headquarters at no additional charge when done through LiveScan electronic capture.

Anti-Discrimination Considerations

The EEOC's enforcement guidance on the use of arrest and conviction records applies to all employers in Nebraska. Under Title VII of the Civil Rights Act, employers should conduct an individualized assessment before rejecting an applicant based on criminal history. This assessment should consider:

• The nature and gravity of the offense
• The time that has passed since the offense or completion of the sentence
• The nature of the job sought

Blanket policies that automatically exclude all applicants with any criminal record are more likely to face legal challenge because of the potential for disparate impact on racial and ethnic minorities.

Housing Background Checks

Landlords and property managers in Nebraska may conduct criminal background checks on prospective tenants, but they must comply with several legal requirements.

Consent Requirements

Nebraska landlords must obtain signed written consent from an applicant before conducting a background check. Running a criminal history check without written authorization violates the FCRA.

Fair Housing Obligations

Both federal and state fair housing laws apply to tenant screening in Nebraska. The Nebraska Fair Housing Act prohibits discrimination based on race, color, religion, sex, disability, familial status, and national origin.

In 2016, HUD issued guidance clarifying that criminal history-based screening policies can violate the Fair Housing Act under a disparate impact theory. Key requirements include:

• Arrest records alone cannot be used to deny housing because an arrest does not establish that criminal conduct occurred
• A blanket ban on all applicants with any criminal record is unlikely to withstand legal challenge
• Housing providers should conduct an individualized assessment that considers the nature of the crime, the time elapsed, and other relevant circumstances
• The only categorical exclusion permitted under the Fair Housing Act is for individuals convicted of manufacturing or distributing controlled substances

Application Fees

Nebraska does not impose a state limit on application fees that landlords can charge for tenant screening.

Professional Licensing Background Checks

Nebraska requires fingerprint-based criminal history checks for applicants seeking initial licensure in over 30 healthcare and related professions.

Governing Statute

Under Neb. Rev. Stat. 38-131, applicants must submit a full set of fingerprints to the Nebraska State Patrol. The State Patrol forwards the fingerprints to the FBI for a national criminal history record information check and issues a report to the Nebraska Department of Health and Human Services.

Covered Professions

Professions requiring fingerprint-based background checks include registered nurses, licensed practical nurses, physicians, osteopathic physicians, dentists, dental hygienists, optometrists, podiatrists, veterinarians, psychologists, physical therapists, audiologists, speech-language pathologists, emergency medical technicians, social workers, pharmacists, and numerous other allied health professions.

Limited Exceptions

Three categories of professionals are exempt from the fingerprint requirement: dentists applying for dental locum tenens permits, physicians and osteopathic physicians seeking physician locum tenens permits, and veterinarians applying for veterinarian locum tenens positions.

Temporary Permits

Physicians with temporary educational permits have 90 days to complete the background check process. Failure to complete the check within this period results in permit suspension. Disqualifying results trigger permit revocation.

Costs and Timeline

Applicants pay the full cost of fingerprinting and the background check. Processing typically takes four to six weeks, and completed background check reports expire after 90 days.

The Nebraska Real Estate Commission also requires criminal background checks for real estate license applicants, processed through the NREC background check procedures.

Recent Changes and Pending Legislation

LB215: The Clean Slate Act (2025-2026 Session)

One of the most significant pieces of pending legislation affecting background checks in Nebraska is LB215, the Clean Slate Act. Sponsored by Senator Rick Holdcroft with co-sponsors Senator George Dungan and Senator Terrell McKinney, this bill would create an automatic record sealing process for certain offenses.

Key provisions of LB215 as introduced include:

• Automatic sealing of eligible misdemeanor convictions after a waiting period of five to ten years without additional convictions
• Petition-based sealing for eligible felony convictions after similar waiting periods
• Exclusion of serious offenses including sexual offenses, violent crimes, and offenses involving serious bodily injury
• Once sealed, criminal justice agencies would respond to public inquiries as if the offense never occurred

As of early 2026, LB215 has advanced through the Judiciary Committee with amendments and was placed on Select File. The bill's final passage and effective date remain pending.

LB50: Omnibus Criminal Justice Reform (2023)

In 2023, the Legislature passed LB50, a comprehensive criminal justice reform bill sponsored by Senator Justin Wayne. While primarily focused on sentencing and parole reforms, LB50 established the Nebraska Sentencing Reform Task Force and modified parole eligibility standards. These broader reforms indirectly affect background check considerations because they influence the length of criminal records and the availability of earlier release dates.

Updated Licensing Requirements (2026)

As of January 1, 2026, updated provisions of Neb. Rev. Stat. 38-131 took effect, refining the fingerprint-based background check process for healthcare licensing. The Division of Public Health of the Department of Health and Human Services administers these requirements with authority to adopt rules regarding associated costs.

Frequently Asked Questions

Can a Nebraska employer deny a job based solely on a criminal record?

Public employers covered by the Opportunity to Compete Act cannot inquire about criminal history until after determining the applicant meets minimum qualifications. Both public and private employers should follow the EEOC's guidance on individualized assessments, which recommends considering the nature of the offense, the time elapsed, and the relevance to the position. Blanket exclusion policies carry legal risk under Title VII disparate impact analysis.

How long does a criminal conviction stay on a background check in Nebraska?

Criminal convictions in Nebraska can be reported indefinitely. There is no state or federal time limit on reporting convictions. Non-conviction records, such as arrests that did not lead to a conviction, generally cannot be reported after seven years for positions paying under $75,000 annually under the federal FCRA.

What is the difference between a set-aside and record sealing in Nebraska?

A set-aside under Neb. Rev. Stat. 29-2264 voids the conviction but does not remove it from the criminal record. The record will show both the original conviction and the set-aside order. Record sealing under Neb. Rev. Stat. 29-3523 removes the record from public access entirely, and the individual may legally state that the events never occurred. Set-asides are available for convictions, while sealing generally applies to dismissed charges, acquittals, completed diversions, and pardoned convictions.

Do Nebraska landlords have to follow specific rules when screening tenants?

Yes. Nebraska landlords must obtain written consent before running a background check. They must comply with the federal FCRA's notice and adverse action requirements. Under HUD guidance, blanket criminal record bans may violate the Fair Housing Act through disparate impact on protected classes. Landlords should conduct individualized assessments rather than applying automatic disqualifications based on criminal history.

What happens if my Nebraska criminal record is sealed?

Once your record is sealed, the events are treated as if they never occurred. You cannot be questioned about the sealed offense in employment, licensing, bonding, or educational applications. However, sealed records remain accessible to criminal justice agencies. Private background screening companies may still display old records in their databases because sealing only affects official government repositories.

Sources and References