New Jersey background check laws for employers

At a glance

The New Jersey rules on each topic, in one line. Federal law applies to every topic.

When you may ask about criminal history

Who it covers: Private and public employers with 15 or more employees over 20 calendar weeks who do business, employ persons, or take applications in New Jersey, including employment agencies; excludes the federal government

In force since: March 1, 2015

The Opportunity to Compete Act applies to employers with 15 or more employees over 20 calendar weeks. During the initial employment application process, which runs from the first inquiry either way until the employer has conducted a first interview, the employer may not require an application that asks about criminal record (including an expunged record), may not make any oral or written inquiry about it, and may not use an online application that requires disclosure. If the applicant volunteers criminal-record information, the employer may ask about it. After the first interview the employer may ask and may refuse to hire based on the record, unless the record has been expunged or erased by executive pardon. Employers may not knowingly publish job ads stating they will not consider anyone with an arrest or conviction. Enforcement is by civil penalty ($1,000 first, $5,000 second, $10,000 each later violation) collected by the Department of Labor and Workforce Development; there is no private right of action. The Act preempts county and municipal ordinances on criminal histories in employment, except ordinances regulating municipal operations. Separately, N.J.S.A. 34:6B-21 (from the 2021 marijuana decriminalization law) bars every employer, of any size, from requiring an applicant to disclose, relying solely on, or taking adverse action solely because of an arrest, charge, conviction, or juvenile adjudication for listed marijuana or hashish offenses, no matter when it occurred. This does not apply to law enforcement, corrections, judiciary, homeland security, or emergency management jobs. Penalties match the Opportunity to Compete Act; there is no private right of action.

Exceptions

• Positions in law enforcement, corrections, the judiciary, homeland security, or emergency management (34:6B-16a)
• Positions where a criminal history background check is required by law, where a record would or may disqualify, or where law restricts the employer’s business activities based on employee records (34:6B-16b)
• Positions in a program designed predominantly to employ people with criminal records (34:6B-16c)
• Domestic workers, independent contractors, directors, and trustees are not ’employees’ (34:6B-13)
• 34:6B-21 (marijuana offenses) does not apply to positions in law enforcement, corrections, the judiciary, homeland security, or emergency management

N.J.S.A. 34:6B-13 (P.L.2014, c.32, s.3) · N.J.S.A. 34:6B-13 (P.L.2014, c.32, s.3) · N.J.S.A. 34:6B-14a(2) as amended (P.L.2017, c.243, s.1) · N.J.S.A. 34:6B-14c (P.L.2014, c.32, s.4) · N.J.S.A. 34:6B-17a (P.L.2014, c.32, s.7) · N.J.S.A. 34:6B-19 (P.L.2014, c.32, s.9) · N.J.S.A. 34:6B-21a (P.L.2021, c.19, s.15) · P.L.2021, c.19, s.21 (effective date)

Sealed and expunged records

Who it covers: All employers (expunged records may not be asked about during the initial application process or used to refuse hire)

In force since: June 15, 2020

New Jersey’s Clean Slate law (P.L.2019, c.269) lets a person petition to expunge all convictions ten years after the most recent conviction, payment of court-ordered financial assessments, completion of probation or parole, or release from incarceration, whichever is later, unless a conviction is for a crime barred from expungement under N.J.S.A. 2C:52-2b or c. The same law directs the State to build an automated process that renders eligible records inaccessible after the ten-year period; once that process exists, petition filings end. As of this pass the automated process has not been implemented, and 2026 bills (S4270/A5095) would repeal and replace the automation section. For employers, the Opportunity to Compete Act bars inquiry into expunged records at the application stage and bars refusing to hire based on an expunged or pardoned record. An expunged arrest or conviction is deemed not to have occurred, and the person may answer questions accordingly; the exceptions are jobs in the judicial branch or a law enforcement or corrections agency (2C:52-27c).

Exceptions

• Convictions not subject to expungement under N.J.S.A. 2C:52-2b or c

N.J.S.A. 2C:52-5.3b (P.L.2019, c.269, s.7) · N.J.S.A. 2C:52-5.4a(1) (P.L.2019, c.269, s.8) · N.J.S.A. 2C:52-5.3d (P.L.2019, c.269, s.7) · S4270 (2026) synopsis · N.J.S.A. 2C:52-27 · N.J.S.A. 2C:52-27c

Salary history questions

Who it covers: Any employer taking applications for positions located wholly or substantially in New Jersey

In force since: January 1, 2020

It is an unlawful employment practice for any employer to screen a job applicant based on salary history (prior wages, salaries, or benefits) or to require that salary history meet any minimum or maximum. An employer may consider and verify salary history the applicant volunteers without prompting, and may request written authorization to confirm salary history after making an offer that explains the overall compensation package. Refusal to volunteer may not be held against the applicant. Multistate employers may keep a salary-history question on an application if it instructs New Jersey applicants not to answer. Penalties: $1,000 first, $5,000 second, $10,000 each later violation; applicants in a protected class may also proceed under the Law Against Discrimination.

Exceptions

• Internal transfers or promotions, and knowledge from prior employment with the same employer (34:6B-20c(1))
• Federal law or regulation that expressly requires salary-history disclosure or verification (34:6B-20c(2))
• Background checks for non-salary information, provided the employer specifies that salary history is not to be disclosed (34:6B-20c(3))
• Inquiries about experience with incentive and commission plans, without amounts, when the opening includes such a component (34:6B-20c(4))
• Publicly available salary information may be acquired but not retained or considered unless volunteered (34:6B-20h)

N.J.S.A. 34:6B-20a(1) (P.L.2019, c.199, s.1) · N.J.S.A. 34:6B-20b(1) (P.L.2019, c.199, s.1) · P.L.2019, c.199, s.6

Cannabis use and testing

Who it covers: All employers in New Jersey, public and private, regardless of size

Under CREAMMA (N.J.S.A. 24:6I-52), no employer may refuse to hire, discharge, or take adverse action against a person because the person does or does not use cannabis items, and an employee may not face adverse action solely because of cannabinoid metabolites in bodily fluid from lawful use. Employers may test on reasonable suspicion of use during work, on observable signs of intoxication, after a work-related accident, randomly, as part of pre-employment screening, or as regular screening of current employees to determine use during work hours. Any such drug test must use scientifically reliable methods (blood, urine, or saliva) and include a physical evaluation by a certified individual to determine impairment; the Cannabis Regulatory Commission, in consultation with the Department of Labor, must set standards by regulation for a Workplace Impairment Recognition Evaluator (WIRE) certification. Since April 20, 2026, a person who completed a substantially equivalent Drug Recognition Evaluator program may also be certified (P.L.2025, c.325, s.5). The Commission’s September 2022 interim guidance says a positive metabolite test alone is insufficient for adverse action, but a test combined with documented signs of impairment during work hours may be sufficient. Employers may maintain drug- and alcohol-free workplaces and prohibit use or intoxication during work hours, and employers subject to federal contracts may revise prohibitions to match federal law.

Exceptions

• Employers may maintain drug- and alcohol-free workplace policies and need not permit or accommodate cannabis in the workplace (24:6I-52b(1)(a))
• Employers subject to a federal contract may revise employee prohibitions to be consistent with federal law where the Act would cause a provable adverse impact (24:6I-52b(1)(b))
• Driving under the influence and sales to minors remain unlawful (24:6I-52b(2)-(3))

N.J.S.A. 24:6I-52a(1) (P.L.2021, c.16, s.48) · N.J.S.A. 24:6I-52a(1) (P.L.2021, c.16, s.48) · N.J.S.A. 24:6I-52b(1)(b) (P.L.2021, c.16, s.48) · NJ Cannabis Regulatory Commission, Guidance on Workplace Impairment (Sept. 2022) · NJ Cannabis Regulatory Commission, Guidance on Workplace Impairment (Sept. 2022) · N.J.S.A. 24:6I-52a(2)(a) as amended (P.L.2025, c.325, s.5) · P.L.2025, c.325, s.12

Drug and alcohol testing procedures

Who it covers: N/a

No general drug-testing statute. The only procedural constraint is CREAMMA’s requirement that a cannabis drug test pair a scientifically reliable test with a physical evaluation for impairment (see cannabis).

The state consumer reporting law

Who it covers: Consumer reporting agencies and users of consumer reports in New Jersey, including employers of any size

New Jersey’s analogue is the New Jersey Fair Credit Reporting Act, N.J.S.A. 56:11-28 to 56:11-41 (P.L.1997, c.172). For employment reports it largely mirrors the federal FCRA. Before procuring a consumer report for employment, the employer must give a clear and conspicuous written disclosure in a document that consists solely of the disclosure, and get the consumer’s written authorization (56:11-31c). The employer must certify to the CRA that it complied and will not use the report to violate equal employment opportunity law; the CRA must send a summary of FCRA rights with the report (56:11-31b). Before any adverse action based on the report, the employer must give the consumer a copy of the report and a written description of the consumer’s rights under this Act and the federal FCRA (56:11-31e). A report with medical information needs the consumer’s written consent (56:11-31d). Investigative consumer reports: before requesting one, the user must disclose in writing the precise nature and scope of the investigation and the right to a copy, and must get the consumer’s written permission; the CRA must give the consumer a copy on request (56:11-33). Consumers get one free file disclosure every 12 months, a free disclosure within 60 days after an adverse-action notice, and a free disclosure if unemployed and about to apply for jobs; other repeat disclosures cost no more than $8 (56:11-37). A CRA must tell the consumer who procured a report for employment in the prior 2 years (56:11-34c). The Division of Consumer Affairs enforces the Act (56:11-41). Willful violations carry actual or $100-$1,000 statutory damages, punitive damages, and fees (56:11-38). No CRA registration requirement appears in the Act.

N.J.S.A. 56:11-31c · N.J.S.A. 56:11-31e · N.J.S.A. 56:11-33a(1) · N.J.S.A. 56:11-37c · N.J.S.A. 56:11-41a

Where federal law alone applies

We found no New Jersey rule for private employers on these topics. The FCRA and other federal laws still apply.

• Limits on what a report includes
• Credit checks

Local rules

Some places in New Jersey add their own rules. A local rule applies on top of the state rule.

• Newark (city). Newark adopted a ban-the-box ordinance in 2012 covering private employers with stricter timing and individualized-assessment rules. Since March 1, 2015, N.J.S.A. 34:6B-17 preempts county and municipal rules on criminal histories in employment except ordinances regulating municipal operations, so the Newark ordinance now reaches only the City’s own operations. Listed because the page should explain the preemption.

Coming changes

Laws already passed that take effect later.

• From November 1, 2026. P.L.2025, c.329 adds N.J.S.A. 2C:52-5.5: a person whose offense was linked to domestic violence or substantial abuse may petition to expunge convictions at any time after the sentence ends, with no waiting period (murder and listed sex offenses excluded). Expungement has the same effect as an ordinary expungement. Approved January 20, 2026; takes effect the first day of the tenth month after enactment of P.L.2025, c.328 (also approved January 20, 2026), i.e., November 1, 2026. P.L.2025, c.329 (N.J.S.A. 2C:52-5.5)

Every state’s changes, in date order: What changed.

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the New Jersey requirements where they apply.

The waiting period calculator gives the date under the federal rule.

Paperwork at hire

Besides the federal Form I-9 and W-4, New Jersey sets these for each new hire.

• State withholding. Give each new hire Form NJ-W4 and withhold New Jersey Gross Income Tax at the rate the employee selects; keep it with the federal W-4. Form NJ-W4
• New hire report. Report each new hire to New Jersey within 20 days; some independent contractors must be reported too. State new hire reporting
• Notices at hire. Notice of rate of pay and regular payday; Employer Obligation to Maintain and Report Records Regarding Wages, Benefits, Taxes and Other Contributions; NJ Earned Sick Leave Notice of Employee Rights; Family Leave Insurance / Temporary Disability Benefits notice; Gender Equity Notice (50 or more employees); Statement of employee rights under State wage and hour laws (Wage Theft Act).

Build the new hire checklist for New Jersey, with city rules, special cases and a due date for each item.

Sources

• N.J.S.A. 34:6B-13 (P.L.2014, c.32, s.3)
• N.J.S.A. 34:6B-14a(2) as amended (P.L.2017, c.243, s.1)
• N.J.S.A. 34:6B-21a (P.L.2021, c.19, s.15)
• P.L.2021, c.19, s.21 (effective date)
• N.J.S.A. 2C:52-5.3b (P.L.2019, c.269, s.7)
• S4270 (2026) synopsis
• N.J.S.A. 34:6B-20a(1) (P.L.2019, c.199, s.1)
• N.J.S.A. 24:6I-52a(1) (P.L.2021, c.16, s.48)
• NJ Cannabis Regulatory Commission, Guidance on Workplace Impairment (Sept. 2022)
• N.J.S.A. 24:6I-52a(2)(a) as amended (P.L.2025, c.325, s.5)

Last reviewed October 20, 2026 · General information, not legal advice.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.