Nebraska has no state consumer reporting law for background checks and no statewide tenant screening statute. For private employers and landlords, the federal FCRA sets the main rules. Before an employer orders a background check, it must get your written permission. Before it acts on the report, it must give you a copy and a summary of your rights. The screening company must use reasonable procedures for maximum possible accuracy.
Nebraska's ban-the-box law, Neb. Rev. Stat. § 48-202, covers public employers only. State agencies and local governments may not ask about criminal history, on the application or otherwise, until they decide you meet the minimum qualifications. Law enforcement agencies and jobs where a criminal history check is required by law are exempt. Private employers in Nebraska are not covered and may ask on an application.
Nebraska law also keeps some non-conviction records out of public view. Under Neb. Rev. Stat. § 29-3523, a record leaves the public record one year after an arrest if no charges are filed. Charges that are filed and then dismissed come off the public record when the dismissal is entered. Sealed records are treated as though they do not exist when criminal justice agencies respond to inquiries. For job applications, you cannot be asked about a sealed offense and may answer as though it never happened. A background check company that still reports a sealed record may be violating the FCRA.
Where Nebraska FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from Nebraska are heard in one federal district:
- District of NebraskaCourthouses: Omaha, Lincoln, North Platte.Filed with local or cooperating counsel
Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:
- Checkr: HQ in N.D. California
- First Advantage and Sterling: HQ in N.D. Georgia
- RealPage: HQ in N.D. Texas
Which court is right depends on your facts. We'll tell you at your free case review.
Nebraska laws that add to the FCRA
- Nebraska public employer ban-the-box (Neb. Rev. Stat. § 48-202)
Bars state agencies and political subdivisions from asking applicants about criminal history until the employer finds the applicant meets the minimum qualifications. Law enforcement agencies and positions where law requires a check are exempt. Private employers are not covered. Read it - Removal of non-conviction records from the public record (Neb. Rev. Stat. § 29-3523)
Removes certain records from the public record, such as arrests with no charges filed after one year and dismissed charges, and provides for sealing. A person cannot be questioned about a sealed offense on job applications and may respond as if it never occurred. Read it
Common background check errors
- Someone else's criminal or eviction record matched to you by name
- Dismissed, sealed or expunged cases still reported
- Charges reported as convictions, or misdemeanors as felonies
- The same case listed several times
- Eviction filings reported without the dismissal or outcome
Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.
Frequently asked questions
Does Nebraska's ban-the-box law apply to private employers?
No. Neb. Rev. Stat. § 48-202 covers only public employers, such as state agencies and local governments. Private employers in Nebraska may ask about criminal history on an application. They must still follow the FCRA when they use a background check company.
Can a background check show an arrest from Nebraska that was dismissed?
Under Neb. Rev. Stat. § 29-3523, a dismissed charge is removed from the public record when the dismissal is entered, and some records are sealed. A background check that still reports a sealed or removed record may be inaccurate. You can dispute it with the screening company and may have an FCRA claim.
What can I do if a tenant screening report in Nebraska has wrong information?
Nebraska has no separate tenant screening law, so the federal FCRA applies. You can get a copy of the report, dispute errors with the screening company, and ask the landlord which company it used. If the company does not correct the error, you may be able to sue under the FCRA.
How long do I have to file an FCRA lawsuit in Nebraska?
FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.
Sources
- Neb. Rev. Stat. § 8-2601 (Nebraska Legislature)
- Neb. Rev. Stat. § 8-2603 (Nebraska Legislature)
- Neb. Rev. Stat. § 48-202 (Nebraska Legislature)
- Neb. Rev. Stat. § 29-3523 (Nebraska Legislature)
- NELP, Ban the Box / Fair Chance Hiring State and Local Guide
- Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (FTC)
- U.S. District Court for the District of Nebraska
Updated November 2026. This page is general information, not legal advice.