New Jersey Background Check Laws

What are New Jersey employment background check laws?

We update this overview of New Jersey background check laws and ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.

FCRA Ban-the-box

FAIR CREDIT REPORTING ACT (FCRA)

In order to set a standard for hiring policies, the federal government created the Fair Credit Reporting Act, or FCRA, which monitors and protects both employers and job candidates.

BAN-THE-BOX AND FAIR HIRING LAWS

STATE LAWS — PUBLIC AND PRIVATE COMPANIES

Who must follow: This ban-the-box law applies to all employers in the State of New Jersey who have at least 15 employees and either do business in, employ people in, or take applications for employment within the State of New Jersey.

Timing of inquiry: Employers in New Jersey may not inquire into criminal history until after ther first interview.

Consideration of records: Employers are prohibited from considering expunged or pardoned convictions when making an employment decision.

Adverse action implications:

  • Pre-adverse action: As a best practice, employers should include New Jersey's Summary of Rights with each pre-adverse action notice.

 

NOTE: This state law preempts any other local or county ban the box law in New Jersey.

View Act

If you’re confused by overlapping ban-the-box, FCRA, and EEOC requirements, you’re not alone.

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