Can a Nebraska employer ask about criminal history on a job application?

Private employers can ask about criminal history at any point, including on the application. Nebraska's ban-the-box policy applies only to state government employers. If you're applying for a private sector job, be prepared for the possibility of criminal history questions from the start.

What is a set-aside in Nebraska and does it help?

A set-aside under Neb. Rev. Stat. § 29-2264 is a court order recognizing that you've completed your sentence and demonstrated rehabilitation. However, unlike expungement or record sealing in other states, a set-aside in Nebraska does NOT remove the conviction from your background check — it still appears, just with a notation that it was set aside. This can still help by showing employers that a court has officially recognized your rehabilitation, but it won't make the record invisible.

Can I get my record truly expunged or sealed in Nebraska?

Nebraska has very limited options for true record sealing or expungement. The set-aside process does not seal records. A pardon from the Nebraska Board of Pardons can provide more comprehensive relief, but pardons are discretionary and not guaranteed. For most people, the set-aside is the primary available option, even though it doesn't fully remove the record from view.

How do I apply for a set-aside in Nebraska?

You must file a motion with the court where you were convicted. You typically need to have completed your full sentence, including probation and parole. The court will consider factors like your behavior since the conviction, whether you've been law-abiding, and the nature of the original offense. There is no mandatory waiting period specified in the statute, but courts generally want to see a period of good behavior after sentence completion.

What about getting a pardon in Nebraska?

Nebraska's Board of Pardons consists of the Governor, Secretary of State, and Attorney General. You can apply for a pardon by filing an application with the board. Pardons are discretionary — the board considers the nature of the offense, time elapsed, rehabilitation efforts, and community impact. A pardon restores civil rights (like voting and firearm rights) and can be more helpful than a set-aside for employment purposes, though it doesn't guarantee the record won't appear on background checks.

Does Nebraska have any plans for Clean Slate or stronger protections?

As of early 2026, Nebraska has not enacted Clean Slate legislation or expanded its background check protections significantly. The state has been slower than many others to adopt criminal justice reform measures in the employment context. Advocacy efforts continue, but no major legislation is currently pending.

How do I get a copy of my Nebraska criminal record?

You can request your criminal history through the Nebraska State Patrol, Criminal Identification Division. You may need to provide identification and pay a processing fee. Checking your own record is a smart first step — it helps you know what employers will see and allows you to address any errors or pursue a set-aside if eligible.

Nebraska Background Check Laws

No state lookback limitLast updated: 2026-04-01

Nebraska has no state-level time limit on reporting convictions — they can appear indefinitely. Ban-the-box applies to public employers only. No Clean Slate law. Nebraska's set-aside statute exists, but set-aside records still show up on background checks.

Overview

Nebraska offers limited background check protections beyond federal FCRA defaults. Convictions can be reported indefinitely by consumer reporting agencies. The state has a ban-the-box policy for public employers but no such requirement for private employers. Nebraska does not have a Clean Slate law. The state does have a set-aside statute (Neb. Rev. Stat. § 29-2264) that allows some convicted individuals to have their convictions set aside, but importantly, set-aside records still appear on background checks — unlike expungement in other states. This makes the practical value of Nebraska's set-aside more limited than it might seem.

How Far Back Does a Background Check Go in Nebraska?

Record Type	Rule in Nebraska
Felony Convictions	Felony convictions can be reported indefinitely. There is no state law limiting how far back a felony conviction can appear on a background check.
Misdemeanor Convictions	Misdemeanor convictions can be reported indefinitely under Nebraska law. There is no state-imposed time limit.
All Convictions	No state lookback limit. Nebraska follows federal FCRA rules, which allow consumer reporting agencies to report convictions indefinitely regardless of how old they are.
Arrests (No Conviction)	Non-conviction arrest records are limited to 7 years under federal FCRA rules (15 U.S.C. § 1681c(a)(2)). Nebraska does not impose additional state-level restrictions on non-conviction arrest reporting beyond the federal standard.
Pending Cases	Pending criminal cases can be reported by consumer reporting agencies as they represent active court matters.

Ban the Box / Fair Chance

Yes

Nebraska has a ban-the-box policy for state government employers. State agencies have removed criminal history questions from initial employment applications for most positions. This policy does NOT apply to private employers, who may ask about criminal history at any point in the hiring process, including on the job application.

Effective: 2014-01-01

Clean Slate / Auto-Sealing

No Clean Slate law

Nebraska does not have a Clean Slate (automatic record sealing) law. There is no automatic process for sealing or expunging criminal records. Nebraska's set-aside statute (Neb. Rev. Stat. § 29-2264) allows courts to set aside convictions, but this does NOT remove the record from background checks — it merely notes that the conviction was set aside. This is an important distinction from expungement or sealing in other states.

What Employers Can Do in Nebraska

When can employers ask about criminal history?: Private employers can ask about criminal history at any point in the hiring process, including on the initial application. State government employers have removed the question from initial applications under a ban-the-box policy.
What can they consider?: Employers can consider the full criminal history of an applicant without state-imposed time limitations. Even set-aside convictions may appear on background checks, though the set-aside notation indicates the court has officially recognized rehabilitation. Nebraska does not require an individualized assessment, but federal anti-discrimination law (Title VII) still applies.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Nebraska

Nebraska Set-Aside Statute (Neb. Rev. Stat. § 29-2264)
Allows courts to set aside a conviction after the individual has completed their sentence and demonstrated rehabilitation. However, the set-aside record still appears on background checks — it is noted as set aside but not removed or sealed.
Nebraska Pardons Board
Nebraska has a Board of Pardons (consisting of the Governor, Secretary of State, and Attorney General) that can grant full pardons, which provide more comprehensive relief than a set-aside. A pardon restores civil rights and can aid in employment.
Federal Fair Credit Reporting Act (15 U.S.C. § 1681)
The primary governing law for background checks in Nebraska, since the state has few additional protections. Allows indefinite reporting of convictions and limits non-conviction arrest reporting to 7 years.

Frequently Asked Questions — Nebraska

How far back does a background check go in Nebraska?: There is no state limit in Nebraska. Consumer reporting agencies can report convictions indefinitely under federal FCRA rules. Arrests that did not lead to a conviction are limited to 7 years under federal law, but convictions have no time limit.
Can a Nebraska employer ask about criminal history on a job application?: Private employers can ask about criminal history at any point, including on the application. Nebraska's ban-the-box policy applies only to state government employers. If you're applying for a private sector job, be prepared for the possibility of criminal history questions from the start.
What is a set-aside in Nebraska and does it help?: A set-aside under Neb. Rev. Stat. § 29-2264 is a court order recognizing that you've completed your sentence and demonstrated rehabilitation. However, unlike expungement or record sealing in other states, a set-aside in Nebraska does NOT remove the conviction from your background check — it still appears, just with a notation that it was set aside. This can still help by showing employers that a court has officially recognized your rehabilitation, but it won't make the record invisible.
Can I get my record truly expunged or sealed in Nebraska?: Nebraska has very limited options for true record sealing or expungement. The set-aside process does not seal records. A pardon from the Nebraska Board of Pardons can provide more comprehensive relief, but pardons are discretionary and not guaranteed. For most people, the set-aside is the primary available option, even though it doesn't fully remove the record from view.
How do I apply for a set-aside in Nebraska?: You must file a motion with the court where you were convicted. You typically need to have completed your full sentence, including probation and parole. The court will consider factors like your behavior since the conviction, whether you've been law-abiding, and the nature of the original offense. There is no mandatory waiting period specified in the statute, but courts generally want to see a period of good behavior after sentence completion.
What about getting a pardon in Nebraska?: Nebraska's Board of Pardons consists of the Governor, Secretary of State, and Attorney General. You can apply for a pardon by filing an application with the board. Pardons are discretionary — the board considers the nature of the offense, time elapsed, rehabilitation efforts, and community impact. A pardon restores civil rights (like voting and firearm rights) and can be more helpful than a set-aside for employment purposes, though it doesn't guarantee the record won't appear on background checks.
Does Nebraska have any plans for Clean Slate or stronger protections?: As of early 2026, Nebraska has not enacted Clean Slate legislation or expanded its background check protections significantly. The state has been slower than many others to adopt criminal justice reform measures in the employment context. Advocacy efforts continue, but no major legislation is currently pending.
How do I get a copy of my Nebraska criminal record?: You can request your criminal history through the Nebraska State Patrol, Criminal Identification Division. You may need to provide identification and pay a processing fee. Checking your own record is a smart first step — it helps you know what employers will see and allows you to address any errors or pursue a set-aside if eligible.

Nebraska Resources

Nebraska State Patrol — Criminal History Records
Request your Nebraska criminal history from the State Patrol to see what employers and background check companies can access.
Legal Aid of Nebraska
Free legal assistance for low-income Nebraskans, including help with set-aside motions, pardons, and understanding criminal record issues.
Nebraska Board of Pardons
Information on applying for a pardon in Nebraska, including forms, eligibility requirements, and the application process.
Nebraska Reentry Council
Resources for people reentering the community after incarceration, including employment assistance, housing, and legal aid connections.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Nebraska for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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