What Are New Jersey Employment Background Check Laws?

This summary provides an overview of New Jersey’s background check regulations and ban-the-box policies. Due to the rapid pace of legal changes, we cannot guarantee the accuracy of all details. We recommend consulting with your legal counsel for accurate guidance.

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA), established by the federal government, sets standards for hiring practices. This law ensures the protection of both employers and job applicants during the background check process.

Ban-The-Box & Fair Hiring Laws

State Laws — Public and Private Employers

Who Must Comply: The ban-the-box law applies to all employers in New Jersey with 15 or more employees. These employers must conduct business in the state, employ individuals within its jurisdiction, or accept job applications within New Jersey.

Timing of Inquiry: Employers are prohibited from asking about criminal history until after the first interview.

Consideration of Records: Employers cannot consider expunged or pardoned convictions when making employment decisions.

Adverse Action Requirements:

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

Note: New Jersey’s ban-the-box law overrides any local or county-level ban-the-box ordinances within the state.