Nebraska background check laws for employers

At a glance

The Nebraska rules on each topic, in one line. Federal law applies to every topic.

Sealed and expunged records

Who it covers: All employers (the sealing statute limits inquiries about sealed offenses); set-aside available after probation, fine, community service, or a sentence of one year or less

Nebraska has no automatic sealing of convictions. A conviction can be set aside by petition (29-2264); the order nullifies the conviction and removes civil disabilities, but the statute does not seal or hide the record. Non-conviction records are handled under 29-3523: after the statutory periods, or when a court orders sealing after acquittal, dismissal, pardon, or similar outcomes, the records may not be shared outside criminal justice agencies. A person cannot be questioned about a sealed offense and may answer as if it never occurred.

Exceptions

• Set-aside petitions are denied when a charge is pending or the person must register as a sex offender (29-2264)
• 29-3523 lists exceptions for research agreements, active prosecutions, and a notarized release by the subject

Neb. Rev. Stat. 29-3523(8) · Neb. Rev. Stat. 29-3523(8) · Neb. Rev. Stat. 29-3523(1) · Neb. Rev. Stat. 29-2264(5)(b) · Neb. Rev. Stat. 29-2264(6)(a)

Cannabis use and testing

Who it covers: N/a for employers; the Act protects patients from state criminal law only

Nebraska legalized medical cannabis by ballot initiative in November 2024 (Initiative 437, the Nebraska Medical Cannabis Patient Protection Act, 71-24,103 to 71-24,105; Initiative 438, the regulation act). The Patient Protection Act protects a qualified patient’s use, possession, and acquisition of an allowable amount and removes that conduct from the Uniform Controlled Substances Act. It says nothing about employers, workplaces, drug testing, or accommodation. There is no off-duty use protection and no limit on pre-employment THC testing. Adult-use cannabis remains illegal.

Neb. Rev. Stat. 71-24,105(1)(a) · Neb. Rev. Stat. 71-24,105(2) · Unicameral Update, 'Alcohol, medical cannabis regulations approved' (April 1, 2026) · LB677 bill history, Nebraska Legislature · LB1235 bill history, Nebraska Legislature

Drug and alcohol testing procedures

Who it covers: Employers in Nebraska, public and private, with six or more full-time and part-time employees at any one time

Neb. Rev. Stat. 48-1901 to 48-1910 constrain how an employer may use a drug or alcohol test. Covered employers (six or more employees) may not deny continued employment or take disciplinary or administrative action on a test result unless a positive drug screen is confirmed by gas chromatography-mass spectrometry or another department-approved method, and a positive alcohol screen is confirmed by gas chromatography with a flame ionization detector or a breath-testing device run by a permitted operator. An employee may request a confirmatory blood test; if it does not confirm a work-rule violation, the action must be rescinded. Confirmatory tests (other than breath tests) must be done by a clinic, hospital, or laboratory certified under the federal Clinical Laboratories Improvement Act. The statute speaks to current employees; it does not limit who may be tested or pre-employment screening. Specimens with a positive finding must be refrigerated and kept for retesting for at least 180 days (48-1904), with a written chain of custody (48-1905). The employer may not disclose results to the public; it must give them to the employee on request (48-1906). An employee who refuses a lawful test directive may be disciplined or let go (48-1910).

Exceptions

• Employers with fewer than six employees at any one time (48-1902)

Neb. Rev. Stat. 48-1903 · Neb. Rev. Stat. 48-1903(1) · Neb. Rev. Stat. 48-1902 · Neb. Rev. Stat. 48-1904 · Neb. Rev. Stat. 48-1906 · Neb. Rev. Stat. 48-1910

The state consumer reporting law

Who it covers: Consumer reporting agencies doing business in Nebraska

Nebraska has no full consumer-reporting analogue for employment reports. One section applies to CRAs: a CRA doing business in Nebraska must, on the consumer’s request and at a reasonable charge, give the consumer a typed or photocopied copy of any consumer report, investigative report, or other file information it holds, with a key to any codes (20-149). A violation is a Class IV misdemeanor. The Credit Report Protection Act (8-2601 to 8-2615) is a security-freeze law.

Neb. Rev. Stat. 8-2601 · Neb. Rev. Stat. 20-149

Where federal law alone applies

We found no Nebraska rule for private employers on these topics. The FCRA and other federal laws still apply.

• Criminal history questions
• Limits on what a report includes
• Credit checks
• Salary history

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Nebraska requirements where they apply.

The waiting period calculator gives the date under the federal rule.

Paperwork at hire

Besides the federal Form I-9 and W-4, Nebraska sets these for each new hire.

• State withholding. Collect a Nebraska Form W-4N with every federal Form W-4; if the new hire does not turn one in, withhold as single with no allowances. Form W-4N
• New hire report. Report each new hire to Nebraska within 20 days; some independent contractors must be reported too. State new hire reporting
• Notices at hire. Paid Sick Time Notice of Employee Rights (Nebraska Healthy Families and Workplaces Act) (11 or more employees).

Build the new hire checklist for Nebraska, with city rules, special cases and a due date for each item.

Sources

• Neb. Rev. Stat. 29-3523(8)
• Neb. Rev. Stat. 29-2264(5)(b)
• Neb. Rev. Stat. 71-24,105(1)(a)
• Unicameral Update, ‘Alcohol, medical cannabis regulations approved’ (April 1, 2026)
• LB677 bill history, Nebraska Legislature
• LB1235 bill history, Nebraska Legislature
• Neb. Rev. Stat. 48-1903
• Neb. Rev. Stat. 48-1902
• Neb. Rev. Stat. 48-1904
• Neb. Rev. Stat. 48-1906
• Neb. Rev. Stat. 48-1910
• Neb. Rev. Stat. 8-2601
• Neb. Rev. Stat. 20-149

Last reviewed October 20, 2026 · General information, not legal advice.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.