Where your future begins

Sex Offender Policy

Status: Archived

Approved Date: November 03, 2016

  1. Employment Discussion
    • 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 Tasknote 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 Scott Summers by telephone (402-471-7828) or email scott.summers@nebraska.gov 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 he/she is 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).(For further information: (Hyperlink: http://www.csom.org/pubs/timetowork.pdf Center for Sex Offender Management: Time to Work: Managing the Employment of Sex Offenders Under Community Supervision)
    • 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 potential employment issues 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 (hyperlink: https://sor.nebraska.gov) regulations on employment to ensure the client understands his 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…)

The Nebraska Sex Offender Registration Act became effective January 1, 1997, and was amended on May 29, 2009, (effective date January 1, 2010). LB 285 requires offenders to register for a period of 15 years, 25 years or lifetime in some cases.

ALL REGISTERED SEX OFFENDERS are posted on the Nebraska State Patrol website since "classifications" or "risk levels" are no longer being used. Categorization will be by registration period duration ONLY.

The registration periods are as follows:

  1. 15 years, if the offender was convicted of a registrable offense not punishable by imprisonment for more than 1 year (i.e. primarily misdemeanor offenses);
  2. 25 years, if the offender was convicted of a registrable offense punishable by imprisonment for more than 1 year (i.e. primarily non-aggravated felony offenses including attempt/conspiracy); or
  3. Life, if the offender was convicted of a registrable offense punishable by imprisonment for more than 1 year and was convicted of an aggravated offense or had a prior sex offense conviction or determined to be a lifetime registrant in another state, or other jurisdiction of the United States (i.e. primarily aggravated felony offenses = force/drugged victim/disabled victim/victim<13, including attempt/conspiracy; felony or misdemeanor repeat offenders).
    • 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 he/she is on the Nebraska Sex Offender Registry for the purpose of obtaining suitable employment. Remind the individual that he/she 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 he/she is not in compliance with he 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 Scott Summers by telephone (402-471-7828) or email (scott.summers@nebraska.gov) prior to release.)


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