1. Obtain criminal history/record information from client. Staff will gather criminal history/record information from the client during the career exploration/planning process just as other relevant background information is gathered.  Discuss with the client the importance of being aware of what comes up on their background check.  This information does not prohibit their ability to participate in VR services, it simply provides more information to increase the likelihood of successful placement.  It also ensures we have the opportunity to assist them in how to present this information to employers, and respond to potential questions that may come up.

• If a client says they do not have any prior charges or convictions, the career exploration/planning process proceeds without a background screen request.
• If a client says they do have criminal charges and convictions, staff should take that information into consideration (including, but not limited to, decisions regarding appropriate OJEs, CWAs, WBLEs, OJTs, and Certificate Programs).
• If a client is unwilling to provide charges and conviction information, the VR staff will inform the client that refusing to provide charges and conviction information is not in their best interest, since consideration of all relevant information may be critical for career exploration/planning.  It is also important to ensure the client is prepared to answer questions employers may ask in regards to their conviction information.  
• A background screen request will be initiated when at least ONE of the following criteria are met:
  • A client is unable or uncertain on how to provide accurate and complete information regarding their charges and convictions.
  • There have been previous rejections from employers or training programs because of background checks.

2. Begin background screen process if background screen requirements are met.

• The Office Director must agree a complete background screen is critical.
• The Specialist completes the VR Criminal Background Check Request.
• The Office Director reviews for completion and signs the form.

3. Emailing information to NDE Legal Services.

• The VR Specialist will email NDE Legal Services, edie.schleiger@nebraska.gov, the client’s:
  • first initial/last name
  • valid email address
  • scanned VR Criminal Background Check Request
  • retain a copy of the VR Criminal Background Check Request in the client’s file
  • if the client does not have a valid email address, email the VR Specialist’s nebraska.gov email address

4. Edie will initiate an email to DHHS with the client’s valid email address or the VR Specialist’s nebraska.gov email address.

5. DHHS will email the client with a dedicated link to complete the DHHS Registry.

•  If the client does not have an email address, an invite will be sent to the VR Specialist.

6. The client utilizes the online DHHS portal using the dedicated link provided to the client via an invite received in the client’s email.

• If the client does not have an email address, an invite will be sent to the VR Specialist. The VR Specialist can open the email with the client present and have the client complete the DHHS registry online.
• VR personnel may not enter the information for the client as this is a violation of Nebraska Revised Statute 28-725.
• NDE Legal Services will track the progress of the request online and view the final status and print the results for their use.

7. Clients will be asked to verify their identity online.

•  Clients not wanting or not able to verify their identity online will have the option to:
  • download the notary form from the DHHS portal
  • Note: Clients who do not have a Social Security Number should mark “no Social Security Number” on the form; DHHS will search by name and date of birth.
  • have the notary form notarized
  • upload the notary form into the DHHS portal

•  Clients who have a guardian will also be able to:
  • download the notary form from the DHHS portal
  •  Note: Clients who do not have a Social Security Number should mark “no Social Security Number” on the form; DHHS will search by name and date of birth.
  • have the notary form signed by their guardian
  • have the notary form notarized
  • upload the notary form into the DHHS portal
• The client will be able to view results of the Registry check following the submittal of the information and may print the findings.
• All completed notarized forms must be uploaded into the DHHS portal. The notarized form is not to be mailed to NDE Legal Services.

8. Out-of-state background results may require additional steps on behalf of the Specialist and the client. When a client lists any state other than the State of Nebraska for residency, an out-of-state background screen will also be conducted as part of the request process. This may require additional paperwork and fingerprints. You will be notified by Edie Schleiger with additional instructions if this is a necessary step.

9. NDE Legal Services Office will complete the background check and send to the VR Specialist any and all dates of charges and convictions.

10. The requesting Specialist will document in a Task Note the receipt and the results of the background screen that may affect career exploration/planning.

• If the referring VR Specialist or Office Director has questions, they should contact NDE Legal Services, edie.schleiger@nebraska.gov.
• A copy of the background screen may be provided to the client upon their request

QE2 Process

Add the appropriate background screen service to the client’s QE2 record. The provider will be NE Dept of Education, Box 94987, Lincoln.

 

1. Initial Meeting

   • Explore criminal history thoroughly and identify any self-reported sexual offenses during the Employment Planning Readiness discussion. Record the offense(s) in the Summary of Employment Discussion task note under the heading Legal Situation. Some offenses may not be readily identifiable as a sex offense. If there is any question about the nature of an offense, review it with NDE Legal Office by telephone or email  prior to taking an application.
   • Review Vocational Rehabilitation Policy regarding confidentiality.  Review the Release of Information form.  Specifically identify the section pertaining to the Sex Offender Registry under “Consent to Release and Exchange Information” to assure the individual understands that VR will inform potential employers that they are on the Nebraska Sex Offender Registry for the purpose of obtaining suitable employment.
   • Inform individual that their offense(s) creates significant limitations with respect to several career areas, and as a result, career planning and job placement goals may be impacted.

2. Career Planning

   • Discuss that the nature of the offense significantly limits employment opportunities, including self employment. As a result, the planning process primarily focuses on specific employer suitability factors (outlined in Employment section).
   • Develop a job goal that is consistent with employer suitability factors, including self employment. Consideration will be given to transferrable skills, abilities, and interests to the extent possible. Explain that an entry-level position may need to be the starting point, based on the availability of hiring employers.
   • Explain that VR employer advocacy is based on revealing only necessary details and presenting each client’s unique strengths and abilities.
   • Emphasize that VR expects compliance with all rules of the Nebraska Sex Offender Registry, and that an important strategy for success with employers is to be honest about prior conviction(s). (Hyperlink:https://sor.nebraska.gov)

3. Employment

   • Develop the Job Search Agreement with the client.
   • Sex Offense is listed under employment concerns on the strategy form.
   • Review the job goal.
   • Review the advantages of disclosure to the employee.
   • Review the suitability of potential employers.

     • Type of job
     • Type of coworkers and subordinates (e.g., minors, women, other sex offenders)
     • Type of customers (presence of/access to children/minors)
     • Job Location (near high risk areas - schools, playgrounds, etc)
     • Travel to or on the job (does travel take offender near high risk areas)
     • Work hours
     • Level of job supervision
     • Access to technology (including cell phones)
     • Access to alcohol, drugs, pornography or other risk factors.

   • Review Nebraska Sex Offender Registry (https://sor.nebraska.gov) regulations on employment to ensure the client understands responsibilities to report employment. Regulations also apply to self employed registrants.
   • When VR advocates on behalf of the client with the employer, a follow up plan with the employer will be made. Job retention considerations:

     • Job Performance
     • Attitude toward work
     • Punctuality, attendance, reliability
     • Coworker Relationships
     • Inappropriate comments or behaviors on the job

   • In cases where the client finds employment without direct placement assistance, discuss with the client the need for job retention services.

     • When services/supports do not require employer contact, we will not have a role in releasing information pertaining to the Nebraska Sex Offender Registry to employers.
     • When services/supports require employer contact, remind the client of the release of information form and VR’s role in releasing information pertaining to the Nebraska Sex Offender Registry to employers.

       • Ask client if the employer already knows this information.
       • Acceptance of response should be taken at “face value”.
       • When the client states that the employer does not know, discuss the client’s options:

         • Client can communicate to employer regarding registry prior to receiving retention services
         • VR can communicate to employer regarding registry prior to receiving retention services
         • Client can turn down offer of retention services/supports that require employer contact. VR can still provide and support job retention services (ie: personal management, disability awareness…)

In order to protect the client, the public, and Nebraska Vr's interest, client background screens will be conducted in accordance with the background screening requirements defined herein.

For a Federal Background Check Request: Notate on the VR Criminal Background Check Request form that a Public Access to Court Electronic Records (PACER) search is necessary.

For the purpose of this chapter, criminal history/record includes all charges and convictions including misdemeanors and felonies. This will include information from the:

• Department of Health and Human Services (DHHS) Adult and Child Abuse Neglect Registry
• Department of Motor Vehicles (DMV)
• Sex Offender Registry
• Nebraska Justice System (Nebraska criminal history)
• Nebraska State Patrol, and
• Other entities and/or states, if applicable

Staff diligence. Staff must be diligent in obtaining criminal history/record information from the client. Identification of criminal history/record begins during career exploration/planning.

Follow through. Once a background screen request has been submitted, additional information may be needed, (i.e., (paperwork and fingerprints). Follow through on the part of the client and Specialist is important. The referring Specialist should consult with the Office Director prior to cancelling any in-progress background screen request.

A background screen request will be initiated when at least ONE of the following criteria are met:

• A client is unable or uncertain on how to provide accurate and complete information regarding their charges and convictions.
• There have been previous rejections from employers or training programs because of background checks.

Acceptance of client responses. Staff should accept responses from clients at “face value.” Background screens will not be conducted for the purpose of verifying client responses.

Staff need to understand how to use criminal charges and convictions as a valuable tool for all clients particularly when clients are interested in the following occupations or settings:

• Health Care (SOC 29-0000; SOC 31-0000)
• Child or Adult Care (SOC 39-0000)
• Education (SOC 25-0000)
• Human/Social Services (SOC 21-0000)
• Law Enforcement (SOC 33-0000)
• Law Related Professions (SOC 23-0000)
• Business and Financial Operations Occupations (SOC 13-0000)

Note: The results of a client background screen can be copied into the QE2 task notes or paper record. Do not forward the NDE Legal Services email to the client’s email address.

For clients under the age of 19, juvenile criminal history/records are not normally researched and reported for background screening purposes. Staff should work with the client and other appropriate contacts in order to obtain delinquency/criminal background information as necessary. However, background screens will reveal adult convictions committed as a juvenile.

Nebraska VR will not perform background screening on behalf of employers. (See Note below for exceptions.) Staff need to explain to employers that, if employers choose to perform a background screen on applicants and employees, the employers are responsible to conduct the background screen on their own and cover the cost.

Note: Payment exceptions for OJEs, TWEs, WBLEs, and Certificate Programs.

• When an employer requires a background screen, VR may conduct the background screen for the employer. VR must inform the employer that VR’s background screens are limited in scope and may not include all charges.
•  In situations where an employer wishes to complete their own background screen. VR can reimburse the employers for their cost.
• •Private OJTs: In a single authorization to the employer, indicate the amount of the agreed upon employer’s cost in conducting the required background screen separate from the amount of the OJT fee.

VR will not perform background screens on behalf of clients who simply wish to obtain information on their background report as a matter of curiosity. Clients can request information from the Nebraska State Patrol at their own expense.

 

The Nebraska Sex Offender Registration Act became effective January 1, 1997, and has been amended multiple times since then.  Please see Nebraska Revised Statute 29-4005 for more information regarding registration requirements.

1. • Compliance with the Nebraska Sex Offender Registration Law is mandatory to receive VR services.
   • The Nebraska State Patrol (NSP) website may be accessed for further information regarding Registration and Reporting Requirements: (Hyperlink: https://sor.nebraska.gov- see FAQ)
   • If the individual chooses not to sign the VR Release of Information Form, services will not be provided.
   • VR staff will specifically review the section of the VR Release of Information Form that authorizes VR to disclose to any potential employer that the client is on the Nebraska Sex Offender Registry for the purpose of obtaining suitable employment. Remind the individual that they will be self-disclosing criminal history to the employer during the job application process (answering the conviction question on applications, etc.) and explain the advantages of signing the release:

     • Advocacy with the employer
     • Selecting the appropriate employer
     • Job loss prevention and job retention services requiring employer contact

If the individual self discloses that they are not in compliance with the Nebraska Sex Offender Registration Act, Vocational Rehabilitation will not provide services to the individual. Once the individual reports that compliance has been restored, services may resume. (Nebraska Sex Offender Registration and signature on VR Release). (Review with Edie Schleiger by telephone (402-471-0310) or email (edie.schleiger@nebraska.gov) prior to release.)