New Jersey background check laws for employers

The Opportunity to Compete Act

New Jersey's ban-the-box law, the Opportunity to Compete Act, has been in force since March 1, 2015. It covers employers with 15 or more employees, counted in and outside the state, for jobs where at least half the work hours are in New Jersey.

Covered employers can't ask about criminal history, or look it up, during the initial application process, which ends after the first interview. An interview means a live conversation in person, by phone or by video, not an email exchange or questionnaire. Job ads can't say that people with arrests or convictions won't be considered.

On top of the act, the federal FCRA process applies whenever a background check company runs the report.

Records New Jersey employers can't use

Employers can't reject a candidate because of a record that was expunged or erased by a pardon. A person whose record was expunged can generally answer as if the case never happened.

Since 2021, employers also can't require disclosure of, or base a hiring decision only on, many marijuana and hashish arrests, charges, convictions and juvenile adjudications listed in the law.

Cannabis

New Jersey's adult-use cannabis law bars adverse action based only on lawful cannabis use or a test showing cannabis metabolites. Employers can keep drug-free workplaces and act on impairment at work. Under the medical cannabis law, a candidate who tests positive has three working days after notice to give a medical explanation or ask for a retest at their own cost.

City rules and reporting limits

State law preempts local rules on private employers' use of criminal history, so ordinances such as Newark's earlier fair chance law don't add requirements for private employers.

New Jersey has no separate limit on how far back a report can go. Under the federal FCRA, convictions can be reported regardless of age; most other negative records are limited to seven years, except for jobs paying $75,000 a year or more.

Driving records and driver jobs

The New Jersey Motor Vehicle Commission charges $12 for a driving record in PROFID's published fee table. Requests use Form DO-21 with a permitted purpose, and the general consent route needs the driver's notarized release.

What a New Jersey check costs

Every New Jersey county charges the same $5 court fee in PROFID's published fee table. PROFID's packages are $27.99, $49.99 and $74.99 per candidate before passthrough fees. See what drives the cost of a background check and the full passthrough fee table.

General information as of November 6, 2026, not legal advice. Coverage depends on the work location, employer size, role and records involved, and laws and fees change. Check the rules for each place where your employees work before relying on them. Fees are from PROFID's fee table, version April 22, 2026.