The recent Nebraska Legislative Session included the passage of LB 907, a bill that takes effect in July 2014. LB 907 prescribes when a public employer may review and access the criminal history background of an applicant. The criminal history background of an applicant now may only be reviewed once you have determined that an applicant meets minimum employment qualifications.
Pursuant to LB 907, UNL is generally prohibited from asking about criminal background until minimum eligibility requirements have been met. This includes all positions including faculty, staff and students. The changes include:
- UNL will no longer ask about an applicant’s criminal history background when the applicant submits his/her application to UNL.
- The criminal history background section (inquiring about an applicant’s felonies, misdemeanors and infractions) on the UNL employment application will be removed effective July 1, 2014 from our electronic applicant tracking and processing system (PeopleAdmin).
- If you have additional internal applications (for student, on-call and temporary applicants), please remove the criminal history background section effective July 1, 2014.)
For all positions including faculty, staff and students UNL departments must follow the procedure outlined below:
- to only those applicants who have met the minimum qualifications or
- to only those applicants selected for telephone interviews (preliminary short list) or
- to only applicants on the approved short-list
For non-faculty positions the final offer should always be made contingent on the applicant successfully completing a criminal history background check through UNL Human Resources.
The criminal history disclosure form to be used is attached. A copy of the history form should be kept with the search file.
Line administrators and tenured faculty positions should include a question before the final hire is made from the hiring authority that asks “Have you engaged in behaviors in the past that, if repeated as an employee of the University of Nebraska could lead to possible disciplinary action or jeopardize your ability to perform duties as (position title) for the University?” A copy of the January 2001 Hiring Guideline is attached regarding the process used for background and credential search of tenured faculty positions and line administrators.
For additional questions, please contact our office at 402-472-3101 or email firstname.lastname@example.org