HR Alert

NJ: Amended 'Ban the Box' Law Addresses Expunged Criminal Records and Online Applications

NJ: Amended 'Ban the Box' Law Addresses Expunged Criminal Records and Online Applications

Amended Law Currently in Effect

New Jersey has amended its "Ban the Box" law to address expunged criminal records and online applications. Highlights of the law are presented below.

Amended Law
The amended law provides that covered employers are generally prohibited from requiring applicants to complete applications that make inquiries regarding expunged criminal records (among other things described further in the "Background" section below).

Additionally, a covered employer generally may not make any oral or written inquiry regarding an applicant's criminal record (including an expunged criminal record) or use an online application that requires the disclosure of an applicant's criminal record (including an expunged criminal record) during the initial employment application process.

Click here to read the amended law, which is currently in effect.

Background
The state "Ban the Box" law provides that--during the initial employment application process--employers with 15 or more employees generally may not:

  • Require an applicant to complete any employment application that makes any inquiries regarding an applicant's criminal record.
  • Make certain inquiries regarding an applicant's criminal record.

Click here (section: 34:6B-11 et seq.) for more information.


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