Background checks - New Jersey

Summary of differences between federal and state regulations

Arrest & conviction record inquiries

Applies to private employers with 15 or more employees, and to public employers. Opportunity to Compete Act, effective March 1, 2015. Amended December 20, 2017.

State

Contacts

Employer immunity from disclosure claims

New Jersey Department of Labor and Workforce Development

Arrest record inquiries

New Jersey Division of Civil Rights

Conviction record inquiries

New Jersey Division of Civil Rights

Regulations

Employer immunity from disclosure claims

None.

Arrest Record Inquiries

New Jersey Administrative Code 13:59-1.2, Dissemination for noncriminal justice purposes

New Jersey Administrative Code 13:59-1.6, Limitations on access and use of criminal history record information (CCHRI) for noncriminal justice purposes

New Jersey Statutes Annotated 11A:4-10, Arrests and criminal records

Conviction record inquiries

New Jersey Administrative Code 13:59-1.2, Dissemination for noncriminal justice purposes

New Jersey Administrative Code 13:59-1.6, Limitations on access and use of criminal history record information (CCHRI) for noncriminal justice purposes

New Jersey Statutes Annotated 11A:4-10, Arrests and criminal records

Federal

Contacts

Employer immunity from disclosure claims

None.

Arrest record inquiries

Equal Employment Opportunity Commission (EEOC)

Conviction record inquiries

Equal Employment Opportunity Commission (EEOC)

Regulations

Employer immunity from disclosure claims

None.

Arrest record inquiries

None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.

Conviction record inquiries

None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.