New Jersey Background Check Laws

New Jersey's 'Ban the Box' law, known as the Opportunity to Compete Act (N.J.S.A. 34:6B-14 et seq.), prohibits employers with 15 or more employees from inquiring about an applicant's criminal record during the initial application phase. This includes questions on job applications and during initial interviews. Employers can only inquire about criminal history after an initial interview has been conducted, or if no interview is conducted, after a conditional offer of employment has been made. There are exceptions for positions where a criminal background check is required by law or where a conviction would legally disqualify an applicant.

New Jersey law generally aligns with the federal FCRA regarding consumer reports, but its 'Ban the Box' law adds significant restrictions on when criminal history information can be considered. While the FCRA dictates disclosure and authorization requirements for consumer reports, New Jersey's Opportunity to Compete Act dictates *when* an employer can even ask about criminal history, regardless of whether a third-party consumer reporting agency is used. Additionally, New Jersey's Law Against Discrimination (LAD) provides broader protections against discrimination, which can indirectly impact how background check information is used, particularly concerning arrest records not leading to conviction.

New Jersey law (N.J.S.A. 34:11-56a5.1 et seq.) prohibits employers from seeking a job applicant's wage or salary history, including benefits or other compensation, as a condition of employment or during the hiring process. Employers are also prohibited from relying on an applicant's wage or salary history in determining the applicant's wages, salary, benefits, or other compensation. However, if an applicant voluntarily discloses their wage or salary history, the employer may verify the information or consider it in determining compensation.

New Jersey's Opportunity to Compete Act does not explicitly set a time limit on reporting criminal convictions, but it restricts *when* an employer can inquire about them. For arrests, the New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.) generally prohibits discrimination based on an arrest that did not lead to a conviction. This implies that employers should not consider arrest records that do not result in a conviction when making employment decisions. The federal FCRA's seven-year reporting limitation for non-conviction information (arrests, civil suits, etc.) generally applies to consumer reporting agencies, but New Jersey's LAD provides additional protection for arrests.

New Jersey law (N.J.S.A. 2C:52-1 et seq.) allows for the expungement of certain criminal records. Once a record is expunged, it is treated as if it never occurred, and individuals are generally not required to disclose expunged convictions. Employers are typically prohibited from inquiring about or considering expunged records. Requesting or using expunged information could lead to legal challenges under the New Jersey Law Against Discrimination or other state laws.