January 23, 2018
Governor Chris Christie signed three new laws that are intended to help people with arrest and criminal records find employment in New Jersey.
As of December 20, 2017, employers that hire for positions in New Jersey may not ask applicants about expunged criminal records or make written or oral inquiries about such records during the application process. New Jersey residents will also have a shorter waiting period to get their records expunged under certain circumstances. There are three new laws in place.
Bill S-3306. This is a companion piece to the state's existing Ban the Box law. It prohibits employers from having questions about criminal records, including expunged records, on job applications. Employers are also prohibited from using methods to find out if a candidate has a criminal record, including expunged records, during the initial application process.
Bill S-3307. This shortens the amount of time a person must wait to apply to get a record expunged from ten to six years. It also allows individuals to apply to have four offenses expunged (the previous limit had been three). The bill establishes regulations about how a person can be qualified to take advantage of this new law.
Bill S-3308. This shortens the amount of time a person must wait to apply to expunge a juvenile criminal record from five to three years. The bill also explains the qualifications that are required for someone to take advantage of this lesser waiting period.
According to Governor Christie, these new bills are life savers. He commented: "Expungement has to be an option that's available for those who have earned it and deserve it, and this legislation will allow people to get that."
Similar laws have been created in other states and could be considered part of a nationwide "second chance" policy. Millions of Americans have criminal records. In many cases, even a minor record could prevent an individual from obtaining employment. The New Jersey laws are designed to help people expunge old records, which can make it easier for them to find jobs.
New Jersey has had a Ban The Box law since March, 2015. These new bills strengthen that law and create additional requirements that must be followed by every employer that operates in New Jersey.
Employers may wish to consider updating their written screening and hiring policies to accommodate these new bills.
There are numerous laws that affect employers and they are not consistent from state to state. Backgrounds Online makes efforts to keep up with these laws and provide educational resources to help our clients stay informed.
If you have questions about how we can assist with your background screening and compliance efforts, please contact us. Our knowledgeable staff is available Monday – Friday from 5am to 5pm (PT) via phone, email or chat.
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