Nebraska Background Check
There are various reasons employers in Nebraska generally conduct background checks on applicants for jobs.
Based on our experience conducting background checks conducted in Douglas County, Lancaster County, Sarpy County, and more, we've created this guide to serve as a reference for employers.
A Nebraska background check can help employers minimize the risk of liability and ensure they employ trustworthy, safe, and competent employees for open positions.
4 Reasons Employers are required to Nebraska Perform background check
General Screening for entry-level positions Many companies in Nebraska conduct background checks before hiring all applicants applying for entry-level jobs.
Screens of this kind assist employers in confirming candidates' previous employment and their education and confirm that they don't have any criminal convictions that could be disqualifying.
- Screening for Supervisory Positions
Employers typically conduct extensive background checks of candidates applying for managerial or supervisory positions.
This is because they generally have a greater amount of responsibility than those in lower-level positions.
- Post-Hire Employment Screens
Certain companies conduct screenings for employment periodically on the current staff.
This could be due to rules and regulations in the industry or to pinpoint any disqualifying issues that could occur after the employee has been appointed.
- Specialized Screens to Identify Jobs. Services to the Most Defensible
Employers who provide services for older people, children disabled, children, and those who have mental illness conduct special screenings that are more thorough than standard background checks for employment.
They have to do it to ensure their clients' security.
Nebraska Employment Background Check Laws 2022
Nebraska employers who conduct background checks should be aware of lawful requirements of the federal as well as state that regulate these checks. Infractions to these laws could lead to huge penalty fines and civil sanctions, and even lawsuits.
Federal Laws on Employment Background Checks
Fair Credit Reporting Act
Federal legislation, the Fair Credit Reporting Act (FCRA), is enforced by the Federal Trade Commission and was adopted to safeguard the integrity, privacy, and fairness of the information that consumer credit reporting agencies collect and publish and which employers make use of to hire.
Employers are required to provide advance notice in writing to prospective applicants and employees that they plan to conduct background checks. They need their written consent before doing so.
The FCRA also obliges employers to go through the adverse action procedure before hiring applicants based on information they have gathered from background checks.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act is enforced by the Equal Employment Opportunity Commission (EEOC) and prohibits discrimination in the workplace between employees and applicants based on their participation in protected groups. Per the law in question, employers can't discriminate based on protected characteristics when selecting applicants to conduct background checks.
Title VII also applies when an application's background check reveals a criminal conviction. Following the EEOC, Employers should examine a conviction in how it pertains directly to the job to the job for which the applicant applied before the denial of hiring based on the criminal conviction.
Nebraska State Laws on Employment Background Checks
Under Neb. Rev. Stat. SS 48-202, public service employers cannot inquire about criminal background information at the beginning of hiring.
They cannot include questions regarding criminal background on their applications and aren't allowed to ask about it until they've established that the applicant has met the minimum requirements required for the position.
Workplace Privacy Act
Under Neb. Rev. Stat. 47-3503 states that employers cannot request or demand an applicant or employee to supply their user username password or other information about their social media accounts.
Employers are also not allowed to solicit employees or applicants to sign in to their accounts while they are present or request them to add someone to their applicant's or employee's contact list.
What's on a background check for employment within Nebraska?
What information your background check reports in Nebraska could reveal depends on the type of report you want.
The majority of companies require background checks for criminal convictions and employment verifications. They also require education verifications, as well as licensing and credential checks.
Employers who hire employees to operate company vehicles are likely to obtain motor vehicle records.
Many employers will also require screening for drugs before employment as a condition for employment.
An employment background check in Nebraska might comprise these:
- Criminal convictions for misdemeanors and felonies
- Criminal matters pending
- Arrests that resulted in criminal convictions
- List of the sex offender registry
- History of address
- History of education
- List of the Domestic Terrorist Watch List
What are you likely to see on these reports? First, we'll look at a few reports further down.
If you are requesting the police background check for an applicant who has a criminal record, the following kinds of details will be disclosed:
- The date of the crime
- The nature of the crime
- The severity of the crime (misdemeanor or the level of the offense (felony or)
- The date of disposition
If you are seeking verification of your education, The following information will be provided to all the institutions you have attended:
- Name and address of every educational institution
- The dates that you have attended each college or university
- Degrees, diplomas, or certificates awarded
Verification of education helps determine if the applicant attended the schools mentioned and obtained the certificates, diplomas, or degrees listed on the resume or application.
If you are seeking verification of employment, These kinds of information will be disclosed regarding each applicant's previous jobs:
- Name and address of each previous employer
- Dates of employment
- The titles and positions that are were held
How far back can an Investigation of Background go to Nebraska?
The FCRA determines the amount of time negative information is reported during background checks for jobs in Nebraska and can be used to refuse employment to candidates.
In the FCRA There is a seven-year limitation on the following information on jobs with a salary of less than $75,000 annually:
- Arrests do not result in criminal convictions
- Civil lawsuits
- Civil judgments
The salary-cap exemption is that this type of data can be disclosed in the case of positions that pay more than $75,000 a year.
The FCRA's time limits don't apply to records of convictions that can be disclosed regardless of age. However, the same is not the case concerning education, employment history, and other pertinent background details.
What can I do to get an identity check for Nebraska?
Nebraska is a state in Nebraska provides its customers the Nebraska Background Check Portal. Employers can use this website to check criminal information, court records, driving, and other records.
However, the website explicitly declares that you cannot get information on federal crime's address history, credit history, employment history, or sexual offender registry data.
State-wide registration does not permit the applicant to access convictions from other jurisdictions or information regarding an applicant's education.
It is better to conduct background checks through an established and trusted third-party CRA such as The Koleman Group LLC.
We promptly send compliance with the FCRA background check reports to our clients in Nebraska. As a result, you can be confident that the information you get from us is comprehensive, reliable, and precise.
As an Employer in Nebraska, How can I Ensure Compliance?
You must ensure that you comply with federal and state laws governing background checks. If you don't comply with the law, you may be punished with a fine or penalized and even threatened with legal action.
To stay compliant, adhere to the guidelines below.
- Beware of asking about criminal history in the early stages.
The ban-the-box law in Nebraska is currently only applicable to public companies; however, a growing number of states are considering adopting ban-the-box legislation for all employers.
To ensure your safety, It is recommended to stay clear of seeking information about criminal records on your application or until you've verified that the applicant complies with the requirements required for the job.
- Individually assess Convictions
If the applicant has a criminal conviction, evaluate the impact of that conviction on the job.
Don't hire the candidate based on the conviction until you have completed your evaluation.
- Send a Pre-Adverse-Action Notice
If you don't want to work with an applicant due to the information uncovered in the background check, you should make a pre-adverse notice.
Within the notification, including the disqualifying convictions, provide a copy of your criminal record report.
Give the applicant the date for him or her to correct the information, and provide evidence of the record being in error or not of rehabilitation.
- Send a Final Action Notice
If you decide not to hire the applicant after completing the adverse action procedure and not hiring them, you must send an official notice of adverse action. Let the candidate know the legal rights can enjoy in the FCRA.
How often should I Conduct a background check in Nebraska?
How often you need to conduct background checks is contingent on the jobs you provide and the industry you work in.
For instance, transportation companies that employ CDL drivers must conduct driving record checks of their employees annually under Federal Motor Carrier Safety Administration rules.
Many manufacturing companies also conduct regular screening for drugs to ensure secure working conditions. Businesses that offer services to the vulnerable population also regularly do background checks of employees.
What Qualifies You to Be Disqualified from a Background Check for Nebraska?
Different types of negative information in background check reports can disqualify applicants.
A selection of the most frequently cited reasons why an applicant could be rejected for work is listed below.
Certain Criminal Convictions
Many millions of Americans have criminal convictions. Although some convictions won't make an applicant unqualified, those with particular convictions may be denied employment based on the nature of the incident, the job, and regulations specific to the industry.
False Information About Employment Past
Some people fudge the information on their applications or resumes regarding their previous job. They may do this to conceal gaps in their jobs or to show more experience than they have.
Employers who ask for confirmation of employment will quickly spot these kinds of misrepresentations. Candidates that lie regarding their previous work will be likely to be rejected for work.
Untruths Concerning Education
A few applicants make up their minds about the universities of higher education they've been to and the degrees they've obtained.
Employers who request verification of education can determine whether applicants have falsified their educational qualifications and may reject them for that reason.
Probable Driving Record
Job applicants that require regular driving will probably be required to have their driving record checked.
Suppose they are found guilty of serious traffic violations or several traffic violations. In that case, they could be denied employment due to the possibility of liability and lack of ability for employers to provide insurance.
Affected Testing for Pre-employment Drugs
Many Nebraska employers offer job offers contingent on drug tests. Candidates who fail the tests for drugs before employment most likely lose their job offers.
What is the cost of a Background Check cost in Nebraska?
If you request a background check report through the state, you'll need to pay a fee of $15.50 per report.
But, you won't be able to access information on out-of-state convictions and federal convictions, employment background, education history, driving records, sex offender registry data, and other pertinent background information.
You may come across companies that offer no-cost background check reports if you search online. It is not advisable to use these companies. They are often not in compliance with the FCRA and frequently provide outdated, incorrect information that is unreliable and inaccurate. In addition, the use of these vendors could cause lawsuits by applicants.
It is best to work with a reputable company like The Koleman Group LLC. We have a wealth of resources and utilize sophisticated research techniques to swiftly provide accurate, reliable, current, up-to-date, and legally compliant background check reports at an affordable cost.
We have various kinds of background check reports, allowing you to choose only the details you require without the need to purchase unnecessary details.
If your business has to purchase 50 or more reports per year, you can take advantage of our huge discount on volume orders. Contact us now for an obligation-free, no-cost quote.
What is the length of time Background Checks take in Nebraska?
The length of time required to conduct a background check depends on your selected method. If you opt for a DIY method of conducting a background check by sending multiple requests to various institutions, schools, and former employers, you can be sure that the process will take several weeks.
The necessity of making quick decision-making regarding hiring is yet another factor to think about hiring The Koleman Group LLC. The Koleman Group LLC's access to trustworthy databases and modern research methods allow us to provide background check reports to our clients in only one or two hours.
The Koleman Group LLC is your trusted partner for quick, accurate, Compliant Nebraska Background Checks.
Employers in Nebraska, it is important to consider background checks before hiring as an essential aspect of the hiring process. By conducting background checks, you will reduce the risk of liability and safeguard your customers, employees, and business operations.
In The Koleman Group LLC, our staff members undergo intensive training and possess the skills and resources to quickly provide FCRA-compliant and precise background check reports.
Call us now. Contact us today to find out more about the job background check services we provide and request an estimate for a no-cost quote: (618) 398-3900
Disclaimer: The information and resources offered on this site are intended for educational use only and do not provide legal advice. Talk to your lawyer should you have any legal questions regarding your particular practices and compliance with applicable laws.
Updated on 2022-06-07 21:33:49 by larry coleman