Will the State of Nebraska Hire Someone with a Misdemeanor?
When it comes to hiring, many employers consider a candidate’s criminal history, including misdemeanors. In the state of Nebraska, the answer to this question is not a simple yes or no. The decision to hire someone with a misdemeanor conviction depends on various factors, including the nature of the crime, the severity of the punishment, and the specific job requirements.
Background Check Laws in Nebraska
In Nebraska, employers are not required to conduct background checks on job applicants, but many do so voluntarily. According to the Nebraska Revised Statutes, an employer may request a criminal history record check from the Nebraska State Patrol or the Federal Bureau of Investigation (FBI) as part of the hiring process.
Types of Misdemeanors in Nebraska
In Nebraska, misdemeanors are crimes punishable by up to one year in jail. There are several types of misdemeanors, including:
• Class I Misdemeanors: Punishable by up to six months in jail and/or a fine of up to $500.
• Class II Misdemeanors: Punishable by up to one year in jail and/or a fine of up to $1,000.
• Class III Misdemeanors: Punishable by up to six months in jail and/or a fine of up to $500.
Impact of Misdemeanors on Employment
A misdemeanor conviction can have a significant impact on an individual’s employment prospects. Many employers view a misdemeanor conviction as a red flag, even if the crime was minor and the individual has since rehabilitated. In some cases, a misdemeanor conviction can lead to:
• Denial of Employment: An employer may deny a job application based on a misdemeanor conviction, even if the crime is unrelated to the job requirements.
• Conditional Job Offers: An employer may offer a job to an individual with a misdemeanor conviction, but only if they agree to certain conditions, such as a probationary period or additional training.
• Reduced Job Opportunities: A misdemeanor conviction can limit an individual’s job opportunities, making it more difficult to find employment in certain industries or professions.
Nebraska’s Ban-the-Box Law
In 2015, Nebraska enacted a ban-the-box law, which prohibits employers from asking about an applicant’s criminal history until after the initial interview. The law aims to reduce employment discrimination against individuals with criminal records.
Employer Considerations
When considering hiring someone with a misdemeanor conviction, employers in Nebraska should take the following factors into account:
• Nature of the Crime: The type of crime committed, including its severity and impact on others.
• Punishment: The length and type of punishment received, including fines, community service, or imprisonment.
• Rehabilitation: The individual’s efforts to rehabilitate and reform, including any counseling, treatment, or education received.
• Job Requirements: The specific requirements of the job, including any licensing or certification requirements.
• Business Necessity: The legitimate business necessity for considering a candidate’s criminal history, including the safety and well-being of employees and customers.
Conclusion
In conclusion, the state of Nebraska does hire individuals with misdemeanor convictions, but the decision is not a simple yes or no. Employers must consider various factors, including the nature of the crime, punishment, rehabilitation, job requirements, and business necessity. While a misdemeanor conviction can have a significant impact on employment prospects, it is not necessarily a barrier to employment in Nebraska.
