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New Jersey Background Check Laws: What Employers Need to Know
New Jersey has one of the more comprehensive sets of employer-facing background check rules in the country, relevant across the state's pharmaceutical, logistics, and finance industries, whether you're hiring in Newark, Jersey City, or Trenton.
Ban-the-Box: The Opportunity to Compete Act
Employers with more than 15 employees over 20 weeks, including state and local government, can't post job ads excluding candidates with an arrest or conviction history, and can't require criminal history disclosure on a job application. This restriction covers the "initial employment application process," meaning the application itself and the first interview.
Staffing Agencies Can't Charge Temporary Workers
Staffing agencies can't require a temporary worker to pay for their own background report.
Disclosure and Authorization Requirements
New Jersey requires disclosure and authorization to appear on separate forms, rather than combined into one. Employers must also provide notice of state rights before taking adverse action, including a copy of consumer rights under New Jersey law alongside the standard FCRA Summary of Rights, and must notify consumers before obtaining an investigative consumer report.
Salary History
Private employers have been prohibited from asking about a candidate's salary history since 2020, though a candidate can volunteer that information. The restriction doesn't apply to internal transfers or promotions, since the employer already has that data, and employers can't route around the rule by asking a CRA to obtain salary history instead. State agencies have been subject to a similar restriction since 2018.
Social Media Password Protections
Employers can't require or request that a current or prospective employee disclose a username, password, or any other means of accessing a personal account through an electronic device.
Local Ordinance Note
Newark previously had its own Ban-the-Box ordinance for employers with 5 or more employees, but it was superseded by the statewide Opportunity to Compete Act in 2015.
Pass-Through Fees for New Jersey Records
| Record Type | Fee |
|---|---|
| Criminal county search | Varies by county — county clerk offices each set their own record access fee |
| Criminal statewide (NJ State Police Criminal Information Unit) | $20.00 for a name-based check via Form SBI 212B, submitted online with candidate consent |
| Motor vehicle record | $12.00 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from New Jersey Employers
Does New Jersey have a Ban-the-Box law?
Yes, under the Opportunity to Compete Act, for employers with more than 15 employees. Criminal history can't be part of the job application or come up before the first interview.
Can I ask a New Jersey candidate about their salary history?
No, for private employers since 2020. Candidates can offer the information voluntarily, but employers can't ask directly, including through a CRA.
Does Newark still have its own Ban-the-Box rule?
No. Newark's local ordinance was replaced by the statewide law in 2015.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
