Accessing Criminal Records
In New Jersey, it is legal for private and public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.
Employers are prohibited from asking about or considering arrest records that have been expunged, pertain to charges that have been dropped or dismissed or did not lead to conviction may not access sealed records, or require candidates to disclose details regarding arrests or convictions that were expunged from their criminal record. In fact, employers are required to specifically inform candidates that they are under no obligation to share any information regarding expunged charges.
Ban the Box Policies – New Jersey
New Jersey has adopted a statewide ban-the-box law that states employers can only ask about criminal history information after an applicant's initial interview.
There are some exceptions to this law:
- Positions in corrections, law enforcement, emergency management, homeland security, or the judiciary
- Positions for which a criminal background check is required by law
- Positions for which the law states a criminal conviction makes an applicant ineligible
- Positions with companies that have programs in place to hire people with criminal records
- Any time an applicant voluntarily discloses his or her criminal record
State agencies are also prohibited from asking about an applicant’s salary history during the hiring process.
