Background Check in NJ: What to Know About New Jersey Background Checks

Lily Evans - January 25, 2025

Background checks in New Jersey are something that almost every resident of the state may need to submit at some point in their life. 

Background checks are typically used as part of the pre-hiring screening process, but they could also be used to screen applicants for a variety of opportunities, such as apartment rentals. It’s important to understand what your rights are surrounding New Jersey background checks and to properly prepare yourself for the background check process.

Our article will give you all of the information you need to know about background checks in New Jersey and how to navigate this process if you are asked to submit one.

What Is a New Jersey Background Check?

A New Jersey background check is a state-level background check that looks into someone’s personal history. New Jersey background checks will generally only look at someone’s history from within the state of New Jersey. Separate federal background checks or out-of-state background checks will be needed if someone has a significant history outside of New Jersey.

What Kind of Information Is Shown on a NJ Background Check?

Many different items are shown on New Jersey background checks, with the most important items being identity confirmation and criminal records. Below, we give you an overview of the type of information that might be shown on your New Jersey background check:

• Criminal records
• Civil court records
• Arrest records, in certain circumstances
• Employment history
• Educational history
• Details on professional certifications or licenses
• Driving records, in certain circumstances

It’s important to keep in mind that specific county and city laws can impact what is shown on a New Jersey background check. Certain items may also be hidden from New Jersey background checks due to court orders or other extenuating circumstances. 

You should always check with county-specific laws if you have any concerns about what might be shown on your background check report.

Why Would I Need to Submit a Background Check in NJ?

In general, background checks in New Jersey are requested for employment purposes. Background checks are used to screen applicants and ensure that they are well-suited to the job they are applying for. They are used to look into someone’s criminal history to ensure that they would not be a danger to the workforce.

Sometimes, professional education programs and other opportunities, such as housing programs, may look into the backgrounds of applicants. This is to confirm their identity and works as part of a general screening process.

Background Check in NJ: Laws to Know

New Jersey is home to several different laws that dictate what can be disclosed on a background check, in addition to aiming to prevent discrimination against individuals with a criminal record. Important laws to know in NJ regarding background checks include the following.

Ban-the-Box Laws

Ban-the-Box laws, also called Opportunity to Compete laws in New Jersey, prevent employers from asking about an applicant’s criminal history without first conducting an interview. This prevents discrimination and dismissal of applicants with criminal histories without a fair chance of an interview. 

There are certain exceptions to this law, such as with positions that legally require criminal background checks as part of the hiring process.

Clean Slate Act

New Jersey’s Clean Slate Act allows expungement for eligible criminal records that are at least 10 years old and sentencing terms such as fine payment or parole completion have been met. However, certain serious crimes are not eligible for the Clean Slate Act, including violent crimes and sexual offenses.

Background Check Notification Laws

New Jersey requires that employers and other individuals are notified when a background check is requested from them, and that employers must obtain consent for the background check. This aligns with federal laws that require individuals to receive a copy of their rights and the report before a background check is carried out.

Cannabis Screening Laws

New Jersey’s Cannabis Screening Laws allow employers to test for cannabis during the pre-hiring process. However, they cannot make an employment decision based on the presence of cannabis in an applicant’s system. The only exception is if cannabis use is outlined as a restriction to a certain job or career field.

The Process of New Jersey Background Checks

If you have been requested to submit a background check report, you are likely wondering what this process may entail. Below, we give you an overview of the general steps to the New Jersey background check process so you can properly prepare.

1. Before a background check can take place, your potential employer will provide you with a copy of your rights and request your written consent for performing the check. 
2. After you have reviewed your rights and agreed to the background check, your employer will direct you on how to start this process. You may need to contact a third-party background check service yourself or submit fingerprinting, depending on the employer’s requirements.
3. Once your background check report has been conducted, your employer will review it and look for any issues, in addition to confirming your identity and references.
4. If you pass the background check, you can move on to the next steps of the hiring process.
5. If you fail the background check, the employer is required to provide you with a notice of adverse action and a copy of your report; you have the right to contest this finding or provide clarification.

Any other questions about your NJ background check should be taken to the person requesting your report. You should also ensure you understand your background check rights under New Jersey and federal law.

How Long Does a NJ Background Check Take?

A New Jersey background check may take a few days to turn around, or it may take a week or more. 

Generally, background checks where a person has no criminal record and all of their history within the state of New Jersey take a shorter time to process than other cases. 

Longer processing times may happen when a person has an extensive criminal history or a significant history outside the state of New Jersey. In these cases, federal or other state background checks may need to be run so the person requesting the background check report has a complete picture of a person’s history.

How Far Does a NJ Background Check Look Back?

How far back New Jersey background check looks into your history depends on disclosure laws in the state. Most of the time, background checks are limited to seven years’ worth of history. 

Any criminal or personal history that is older than seven years old may not be shown unless an in-depth check is being conducted alongside your NJ background check. The person requesting your background check will typically tell you how far back into your history the report will be looking in addition to explaining your rights to you.

Can I Hide Information From My NJ Background Check?

It is typically not possible to hide information from your New Jersey background check report, as most of the information on your background check report will be part of the public record. This means that members of the public can request this information as part of a screening process and official background checks.

Only in very specific circumstances can you remove or hide any of your information from your background check report. For example, if you are in danger of someone stalking or harassing you, you may be able to get information such as your contact details removed from the public record and your background check support. A legal professional will need to help you with this.

Alternatively, if you have a criminal record, you may be eligible to seal or expunge certain parts of this criminal record. Sealing will hide the criminal offenses from your record, while expungement will completely remove the offense as if it never happened. Again, legal help is needed to make sure you qualify for either of these processes. 

How Do You Fail a Background Check in New Jersey?

Failing a background check in New Jersey is subjective, as employers and companies will have different requirements for what is a disqualifying offense on your background check report. 

In general, individuals who have a long history of violent crimes or federal crimes on their report may find it more difficult to find certain types of employment. For example, an individual with multiple felony DUIs may not be qualified to work in a position that handles machinery or vehicles.

That being said, New Jersey does have several laws in place that work to avoid discrimination against those with criminal offenses and to ensure that the hiring process is fair. Speak with the person requesting your report to make sure you understand your rights and what could potentially be disqualifying on your background check report.

Your Background Check in NJ

Your background check in New Jersey doesn’t need to be as stressful as you might think. Everyone has to submit a background check at some point in their lives. Proper preparation and an understanding of the background check process in New Jersey can help you get ready to submit this report. 

If you have any questions or concerns about background checks, you should speak to the employer or individual requesting this report to learn more about your next steps.