1. Obtain criminal history/record information from client. Staff will gather criminal history/record information from the client during the career planning process, just as other relevant background information is gathered.

   • If a client says they do not have any prior charges or convictions the career planning process proceeds as usual.
   • If a client says they do have criminal charges and convictions, staff should take that information into consideration as they provide vocational counseling and career planning services (including, but not limited to, decisions regarding appropriate OJE and OJT placements).
   • If a client is unwilling to provide charges and conviction information, the staff person 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 development of an IPE for employment purposes and subsequent job placement services.

2. Begin background screen process if background screen requirements are met. The Specialist assigned to the client and Office Director must agree a complete background screen is critical to the planning and/or placement process in regard to an identified occupation or employment setting.
3. Client completes Request for Child and/or Adult Abuse and Neglect Central Register/ry Checks (DHHS Information Release) Form. Requesting specialist will thoroughly explain the form, its purpose, the nature of the information VR will be receiving, and how the information will be used
4. The requesting specialist completes VR Criminal Background Check Request Form. The Office Director agrees to sign off on the request. The Office Director will assure that

   • the Background Screen Information Release forms are fully completed, including the town/city in which client resides; and
   • the client who is the subject of the request is not a minor (under age 19).

5. When the Background Screen Information forms are completed fax the VR Criminal Background Check Request and the Request for Child and/or Adult Abuse and Neglect Central Register/ry Checks (DHHS Information Release) to the Department of Education General Counsel's Office at 402.471.6631. Retain a copy in case record.

   • Send an email to Brenda Wid at brenda.wid@nebraska.gov indicating a fax has been sent and the name of the client. Refer to the client using the client's first initial and last name. Brenda Wid will verify receipt of the fax with a return email.
   • 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. There will be additional steps to take to ensure this process is met fully. This may require additional paperwork and fingerprints. You will be notified by Brenda Wid with additional instructions if this is a necessary step.

6. The General Counsel's Office will complete the background check and send to the requesting specialist any, and all dates of charges and convictions.
7. The requesting specialist will document in a Task Note the receipt of the background screen and any issues relating to planning or placement.

If the referring specialist or Office Director has questions or needs an exception, they may contact the Program Director of Adult Corrections.

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.

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

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

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

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

• A client is unable to provide accurate and complete information regarding their charges and convictions to the specialist, for employment or career planning purposes.
• There have been previous rejections from employers or training programs because of background checks and the client is uncertain about their criminal convictions and charges.
• Client is participating in a VR Nebraska certificate program and is 19 or older. A DHHS background screen is not necessary.

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 in effective career planning, 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)

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.

VR will not perform background screening on behalf of employers. Staff need to explain to employers that, if employers choose to screen applicants and employees, the employers are responsible to conduct the screen on their own and cover the cost. Note payment exceptions for OJEs and OJTs.

• Background screening for OJE or OJT placements. In OJE or State OJT situations where the employers require a background screen, VR may conduct the background screen for the employer. VR must inform employers that our background screens are limited in scope and may not include all charges. In situations where employers wish 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 screening on behalf of clients who simply wish to obtain information on their background report as a matter of curiosity. Clients can request information on their Nebraska criminal conviction history on their own and at their own expense from the Nebraska State Patrol for a $10 fee.

For the purpose of this chapter, criminal history/record includes all charges and convictions including misdemeanors and felonies. This will also include information from the Department of Health and Human Services Adult and Child Abuse Neglect Registry.

Sex Offenders. See: Sex Offender Policy link for specific information on working with clients who have a history of sex offense(s).