If you need to get a background check in Nebraska or recently went through the process, read our guide below on what to expect and what the laws are for getting a background check in Nebraska.
It is always better to be prepared for each step rather than not knowing what will happen next. Check out our comprehensive guide below now!
Nebraska Background Check Laws
Nebraska is one of the many states with a ‘ban the box’ law in place; however, an employer in Nebraska cannot access any potential employees’ social media accounts either during the hiring process or even after they become an employee.
This means that a Nebraska company cannot ask or request any details related to an applicant’s presence on social media. This is a considerable development since many employers nationwide check social media pages before hiring a new employee.
The only exception for this law would be when an employee is using a company device to access the internet. Then the employer has the legal right to ask for any passwords or usernames for the sites being used on a company device.
What is the ‘Ban the Box’ law?
Ban the box laws were established to give individuals with a criminal past a fair opportunity to seek employment. Currently, 13 states in the US have some type of legislation in place for private employers to follow the ‘ban the box’ guidelines.
More states are continuously adapting and adding this legislation to their next session. This law’s primary concept is for an employer to accept an employment application from everybody equally, without judging their past criminal activities.
This means that a person with a criminal past with the same qualifications as a person with a clean history should receive the same treatment during the interviewing process for employment.
The most significant difference with ‘ban the box’ states is that an employment application can NOT have any questions about an applicant’s criminal history. Often, employers can’t address this question until they have made a conditional offer of employment.
Each jurisdiction has its own set of guidelines, so be sure to check the jurisdiction you live in before applying for a new job.
What is the LB 907 Law?
In Nebraska, employers must decide first that a potential employee’s employment application meets at the very least the minimum job requirements for the position applied for prior to looking into their criminal background.
This applies to public employers that are considered to be:
Note: An exemption is in place for all law enforcement agencies that require a mandatory background check as part of the hiring process.
How to Get a Background Check in Nebraska
There are many online resources for obtaining a background check in Nebraska. If you choose to use one that offers instant results, you may need to pay a higher fee than if you were to go to the Nebraska State Police and make your request there.
Also, the online resources for background checks can often have incorrect information or incomplete details. This could be an issue if you are checking to ensure your own record is clear of any identity theft.
We suggest doing your research and only using companies that have a proven record for providing accurate results. A quick search on the internet can provide you with other people’s opinion’s about these types of companies and you can decide from there if they are worthy of your money.
How to Get a Criminal Background Check in Nebraska
Obtaining a criminal background check in the state of Nebraska can be done in three different ways. You can choose between two different types of criminal background reports. However, the fingerprint-based background check cannot be done without a state or federal law requirement.
The one that can be easily accessed is the name-based criminal background check. As long as you are willing to pay the fee associated with obtaining this report, you can request this for any person residing in Nebraska.
You will need to have the person’s full name and date of birth in order to run this type of background check. If you have other details, such as alias’, maiden names, or a social security number, that will be helpful but not required.
If you want to access a criminal history report in Nebraska, you can do one of the following:
- Pay a non-refundable fee of $15.50 to request your criminal history report online through the Nebraska State Patrol Website.
- Go to the Criminal Identification Division Office and pay a fee of $12.50 (personal check, money order, or cashier’s check) to receive your criminal background report. However, you must have a completed Criminal History Record Request Form with your payment.
- You can also mail your payment along with the Criminal History Record Request Form completely filled out. The cost is also $12.50 (personal check, money order, or cashier’s check) and should be made payable to the Criminal Identification Division.
How Far Back Do Background Checks Go in Nebraska?
Nebraska follows the strict guidelines set forth by the Fair Credit Reporting Act (FCRA), which allows criminal convictions to be shared regardless of how old they are.
However, state guidelines include limiting consumer credit reporting agencies to revealing information that is up to seven years old in most states, including Nevada. Some municipalities will allow up to ten years if legislation permits.
Keep in mind that all kinds of different situations will have an extension of the law, such as bankruptcies which can be viewed for up to ten years. Again, this can differ based on the jurisdiction you reside in.
How Long Does a Background Check Take in Nebraska?
If you had a background check conducted as part of pre-employment screening, the results are typically available in three to five days. However, depending on the background check you are requesting will determine the actual timeframe in how long it will take.
Some third-party companies that are only doing employment background checks that don’t include extensive searches can produce results in one to three days. They have even been known to give same-day results.
If you are running a background check on yourself or another individual, then depending on the resources you are using will dictate how soon you can get your results.
For instance, if you mailed in your request and will be getting your reports via mail, you will need to consider the mailing times and the record search time.
Background Check Gun Laws in Nebraska
Every state has its own set of regulations when it comes to selling firearms, and Nebraska is no different. There is no waiting period in Nebraska for gun purchases, but the federally licensed firearms dealers must initiate a background check before the gun transfer can occur.
Since Nebraska is a ‘point of contact state’ for firearm purchases that are considered to be a transfer of a handgun only, they will need to conduct a background check in accordance with the federal law.
The sale of a firearm cannot take place in Nebraska if the potential buyer has one of the following:
- Convicted of a Felon
- Convicted of a Misdemeanor (Domestic Violence)
- Restraining Order in Place
If a firearms dealer is attempting to complete a long gun transfer to a potential buyer, they must first make contact with the FBI. This will include a background check using the NICS (National Instant Criminal Background Check System) database.
If a private seller wants to sell a handgun to another person, they are required to tell the potential buyer that they need to produce a concealed handgun permit or a handgun certificate, both of which require a background check to obtain.
Tip: If you are a Nebraska resident and you want to apply for a concealed handgun permit, you will need to contact the Nebraska State Patrol office and follow the strict procedures for obtaining this type of permit.
What Shows Up On a Background Check in Nebraska?
If a potential employer is running a background check on you, they will most likely be interested in details that pertain to the job position’s requirements.
After they have checked your references and done everything else on their end, they usually use a third-party to get the following details:
- Full Name, Maiden Name, Alias’
- Current Address and Past Addresses
- Job History
- Verification of Education
- Criminal Background
- Driving Records*
- Credit Report*
When an employer inquires about your past job history, they may go back many years depending on the type of position you are applying for.
For example, if you are seeking an accountant position, the potential employer will go back as far as necessary to get your past details that are related to that position.
*Note – Employers who are hiring for a driving position will most likely require access to your past driving records. This is something insurance companies make mandatory for companies when hiring individuals who will be using company vehicles.
*Note – Credit reports are often pulled when an applicant is applying for a management position or a job that involves handling the company’s finances. They will want to see how responsible you are when it comes to managing your own money.
Criminal background checks are limited to the state of Nebraska’s database and will not include another state’s arrest records. The available ones will be arrest records within the state of Nebraska that have undergone a fingerprint card.
Can You Get a Free Background Check in Nebraska?
Obtaining official criminal background checks in Nebraska is not free. However, you can pay a small fee to get one that is name-based by contacting the Nebraska State Patrol, who is responsible for handling all criminal records requests.
If you want a fingerprint-based background check, you will need to have official authorization from either the state or a federal source. There are ways to get personal details about another individual by paying minimal fees, but it will take some digging on your part.
How Can You Get Court Records on Another Person?
You can access some public records that fall under the Nebraska Public Records Act. However, you will need to pay a small fee in order to do so. You can go online to the Nebraska State Judiciary, which handles all of the online court records dating back to the ‘80s.
Those fees can vary depending on how many searches you want to perform and on how many different individuals. They start out by offering thirty searches for $15, and then it goes up from there based on the number you request.
If you reside in Douglas County, you can obtain a criminal report for a fee of $7 and can be requested either in person or by sending your money and request via mail. These are only for the Omaha region and some of the surrounding cities.
What Will You See on Court Records?
Nebraska’s court records usually contain all the same details as the rest of the courts throughout the United States. You can expect to see:
- Marriage and Divorce Records
- Filed Criminal Records
- Civil Judgments
- Deeds, Trusts, and Wills
Tip: If you go in person to the relevant courthouse, you can view most of these documents without having to pay any fees. This could vary depending on the jurisdiction, but many do offer free viewing of public records.
Why Do People Do Background Checks on Other Individuals?
It is becoming more and more frequent that people want to run background checks on other individuals. If you can provide a legitimate reason for looking into another person’s background, then you legally have the right to do so.
In fact, it’s common practice for the following reasons:
- Getting details about a potential roommate
- Looking into a romantic interests background
- Verifying your new babysitter’s history
- Checking out your neighbor’s
- Finding out if a colleague has a criminal past
- You want to investigate your daughter’s new boyfriend!
Along with the above examples, people are genuinely concerned about making arrangements or dealing with somebody without first looking into their background.
Just like an employer, financial institution, car dealership, landlord, etc., it is in one’s best interest to know upfront who they are dealing with, especially when it comes to money.
Why Would You Want to Do a Background Check on Yourself?
Identity theft is a big issue in the United States, and thousands of people fall victim to this on a regular basis. In fact, there are an estimated nine million people every year, according to the Federal Trade Commission (FTC), who has had their identity stolen.
When you are not aware of an identity crisis, then another person can use your good credit to run up an astronomical amount of debt without your awareness. You may not be liable for any of the financial obligations when proven that fraud has occurred, but the process to get everything cleared up can be long and incredibly stressful!
The best way to avoid this happening to you is to do regular credit checks on yourself through the top three credit reporting agencies. These include:
You can obtain one free credit report from each agency once a year. So a good suggestion would be to spread them out and get one report quarterly.