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New Jersey background check laws for employers
New Jersey's Opportunity to Compete Act bars employers with 15 or more employees from asking about criminal records, in any form and to anyone, until after the first interview. After that, employers may ask and may decide based on a record, but not on an expunged or pardoned one, and not solely on most marijuana or hashish offenses. The state law blocks cities and counties from passing their own private-employer rules, and New Jersey has its own fair credit reporting act with a state summary of rights.
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Fair-chance hiring (criminal history)
- The Opportunity to Compete Act covers employers with 15 or more employees over 20 calendar weeks that do business, employ people, or take job applications in New Jersey (N.J.S.A. 34:6B-13).
- An employer may not ask about criminal records, including expunged records, on an application, orally, in writing, or through an online application, during the initial application process, which ends when the first interview is done (N.J.S.A. 34:6B-13, 34:6B-14(a)).
- State rules say a forbidden inquiry includes one made to anyone, not just the applicant, so a criminal check should not be run before the first interview (N.J.A.C. 12:68-1.3(b)).
- An interview means live contact in person, by phone or by video, and does not include emails or written questionnaires (N.J.A.C. 12:68-1.2).
- If the applicant brings up their record first, the employer may ask about it (N.J.S.A. 34:6B-14(b)).
- After the first interview, the employer may ask about records and may refuse to hire based on a record, but not on one that was expunged or erased by executive pardon (N.J.S.A. 34:6B-14(c)).
- A multi-state application may include a criminal history question if it tells applicants for New Jersey jobs not to answer it (N.J.A.C. 12:68-1.3(h)).
- Job ads may not say the employer will not consider anyone who has been arrested or convicted (N.J.S.A. 34:6B-15).
- The timing rule does not apply to jobs in law enforcement, corrections, the judiciary, homeland security or emergency management, jobs where law requires a criminal check or bars people with certain records, or programs meant to hire people with records (N.J.S.A. 34:6B-16).
- The Act does not require an individualized assessment or extra notices; the Commissioner of Labor and Workforce Development may impose penalties up to $1,000, $5,000, and $10,000 for first, second and later violations, and there is no private lawsuit (N.J.S.A. 34:6B-18, 34:6B-19).
City and county rules
- Counties and cities may not adopt their own rules on criminal history in employment, except for their own operations, and any earlier local rules are preempted (N.J.S.A. 34:6B-17).
State consumer report rules
- New Jersey's Fair Credit Reporting Act requires a clear written disclosure, in a document that is only the disclosure, and the person's written authorization before a report is obtained for a job (N.J.S.A. 56:11-31(c)).
- Before taking adverse action based on a report, the employer must give the person a copy of the report and a written description of their rights under the New Jersey act and the federal FCRA (N.J.S.A. 56:11-31(e)).
- A consumer reporting agency may provide an employment report only if the employer certifies it complied with the disclosure rules and will not break equal employment laws (N.J.S.A. 56:11-31(b)).
- A report for a job may not include medical information unless the person consents in writing (N.J.S.A. 56:11-31(d)).
How far back a report can go
- No New Jersey limit on how old reported convictions may be was found in the state Fair Credit Reporting Act as enacted, so federal FCRA limits apply (P.L.1997, c.172, N.J.S.A. 56:11-28 to 56:11-41).
- Employers may not refuse to hire based on a record that was expunged or erased by executive pardon (N.J.S.A. 34:6B-14(c)).
- Employers may not require applicants to reveal, rely solely on, or take adverse action solely because of most arrests, charges, convictions or juvenile findings for marijuana or hashish possession or distribution, no matter when they happened, except for law enforcement, corrections, judiciary, homeland security and emergency management jobs (N.J.S.A. 34:6B-21).
- A person whose marijuana or hashish records are under a sealing order may answer that no record exists, except when applying to the judicial branch or a law enforcement or corrections agency (P.L.2021, c.19).
Credit checks
- No New Jersey statute limiting employer use of credit reports was found; bills have been introduced but none was found enacted, so only federal FCRA and the state act's consent and notice rules apply (N.J.S.A. 56:11-31).
Also good to know
- Nurse aides and personal care assistants (N.J.S.A. 26:2H-83) and homemaker-home health aides (N.J.S.A. 45:11-24.3) must pass state criminal history background checks to be certified, as do licensed health care professionals (N.J.S.A. 45:1-28 to 45:1-29).
Common questions
Can New Jersey employers run a background check?
New Jersey's Opportunity to Compete Act bars employers with 15 or more employees from asking about criminal records, in any form and to anyone, until after the first interview. After that, employers may ask and may decide based on a record, but not on an expunged or pardoned one, and not solely on most marijuana or hashish offenses. The state law blocks cities and counties from passing their own private-employer rules, and New Jersey has its own fair credit reporting act with a state summary of rights.
Does New Jersey have a ban-the-box law for private employers?
The Opportunity to Compete Act covers employers with 15 or more employees over 20 calendar weeks that do business, employ people, or take job applications in New Jersey (N.J.S.A. 34:6B-13).
How far back does a background check go in New Jersey?
No New Jersey limit on how old reported convictions may be was found in the state Fair Credit Reporting Act as enacted, so federal FCRA limits apply (P.L.1997, c.172, N.J.S.A. 56:11-28 to 56:11-41).
Can New Jersey employers run credit checks on applicants?
No New Jersey statute limiting employer use of credit reports was found; bills have been introduced but none was found enacted, so only federal FCRA and the state act's consent and notice rules apply (N.J.S.A. 56:11-31).
Some rules for New Jersey weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- P.L.2014, c.32, Opportunity to Compete Act, N.J.S.A. 34:6B-11 to -19 (NJ Legislature, official)
- P.L.2017, c.243, amending N.J.S.A. 34:6B-14 (expunged records, online applications)
- N.J.A.C. 12:68 rule adoption, 47 N.J.R. 3034(a) (NJ Dept. of Labor)
- P.L.1997, c.172, New Jersey Fair Credit Reporting Act, N.J.S.A. 56:11-28 to -41 (NJ Legislature)
- P.L.2021, c.19 (marijuana and hashish reforms; N.J.S.A. 34:6B-21)
- P.L.2002, c.104 (health care background checks; cites N.J.S.A. 26:2H-83 and 45:11-24.3)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.