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New Jersey Background Check

New Jersey companies that need to recruit should think about conducting background checks of their potential employees.

You might think the applicant puts their best impression on a job; however, some have a problem with the truthfulness of applications and resumes.

 

New Jersey Background Check

 

Conducting a New Jersey background check on every applicant can help identify dishonest, unqualified candidates.

It is essential to understand that your New Jersey background check process should be an integral element of the onboarding and hiring process rather than a last-minute addition.

With a reliable New Jersey background check, you can confirm the identity of an applicant, their qualifications, educational background, and work history, as well as investigate their criminal background. The best New Jersey background checks also give a full image of the applicant, which can help you make informed hiring choices and minimize your risk of liability.

The Koleman Group LLC conducts background checks on Jersey City, Newark, Atlantic City, Trenton, and more employees.

Utilize our complete New Jersey guide below to learn how to conduct legal background checks.

Let's get started.

4 Key Reasons New Jersey Employers Conduct Background Checks

New Jersey employers have several motives for conducting background checks. Here are the four most frequently used ones.

General Screening to Verify the Information for all potential employees Employers employing employees in New Jersey recognize that pre-employment background checks are an essential component of the hiring process. By carrying out New Jersey background checks on potential employees, employers can check the information provided by applicants and confirm that they do not have any criminal convictions that would disqualify them.

  1. Screening for Supervisory and Managerial Posts

Because managers and supervisors are entrusted with more responsibility, employers who employ these jobs may want to conduct more extensive New Jersey background checks for the same types of applicants than they would for those employed at entry-level jobs.

  1. Regular Screening for Employment

In certain sectors, employers are required to conduct background checks on various dates. For instance, trucking firms must check their drivers' driving records at a minimum of every year and at any point after the driver is involved in an accident according to Federal Motor Carrier Safety Administration rules. In addition, different industries conduct periodic background checks on their employees.

  1. Specialized Screenings for Applicants within the Caring Professions

If applicants are interested in working at a firm in care, they have to go through thorough, complete background screening.

Background checks must be thorough for working with vulnerable individuals, such as children, disabled individuals, the mentally ill, and older adults. In addition, employers in these areas must be sure to protect their patients and customers.

Due to the nature of their services, businesses that operate in these industries are required to conduct screenings for the background that are more extensive than those conducted by other employers.

New Jersey Background Check Laws 2022

Companies that conduct New Jersey pre-employment background checks must adhere to the applicable laws of the state and federal government. Failure to adhere to the law could lead to fines, penalties, or lawsuits.

Below, you'll find a brief summary of the most significant state and federal laws for New Jersey employers.

Federal Laws on Employment Background Checks

FCRA

The Fair Credit Reporting Act (FCRA) is one of the most significant federal laws that govern screening for background and other hiring practices. The FCRA is enforced through the Federal Trade Commission. In addition, the FCRA ensures privacy for consumers and ensures the truthfulness and accuracy of data collected and shared by consumer reporting agencies.

The FCRA also governs how employers use the information from the pre-employment background check reports.

Before an employer can conduct a New Jersey background check, it must first get the applicant's written consent. Suppose an employer cannot hire an applicant based on details found in the background check. In that case, it must follow the FCRA's procedure for adverse actions to make a definitive determination.

In The Koleman Group LLC, we adhere to the regulations set out in the FCRA and assist our clients in adhering to the law during their hiring processes.

Title VII

Title VII of the 1964 Civil Rights Act is the principal federal anti-discrimination legislation within the US. The law applies to background checks required for job applications when they discover that applicants have a criminal background.

The Equal Employment Opportunity Commission (EEOC) enforces Title VII and requires employers to assess individual criminal records before conducting background checks. Therefore, any convictions need to be assessed according to the particular job for which an employer is seeking to hire with the guidance of the EEOC.

New Jersey State Laws on Employment Background Checks

Alongside federal laws, New Jersey employers must adhere to various state laws.

New Jersey Opportunity for Compete Law

This New Jersey Opportunity to Compete law can be found in NJSA 34:6B-11 et seq. and applies to all employers within the state that have at least 15 employees.

Employers are forbidden from promoting that applicants with criminal convictions are not considered. Employers can also not inquire about criminal history details when they first apply.

Employers may only inquire about criminal history information after an applicant has been interviewed.

There are exemptions to this law, such as:

  • Jobs in law enforcement, corrections homeland security, emergency management, or in the judiciary
  • The law requires posts that require a criminal background check
  • Situations where the law requires a conviction for a crime, disqualifies an applicant
  • Jobs with companies with programs to recruit those with criminal convictions
  • When an applicant willingly exposes their criminal history

New Jersey Clean Slate Law

In December. 2019, Governor. Phil Murphy signed the New Jersey Clean Slate Law. This law, located at NJSA 2C:52-1 et al., allows those who have convictions of at least ten years old to request an extinguishment of their criminal record.

CRAs will not record deleted documents, and employers aren't allowed to use information regarding the records when making hiring decisions.

Although The Clean Slate Law applies to all offenses, the following types of convictions can't be removed and are reportable:

  • Murder
  • Treason
  • Manslaughter
  • Kidnapping
  • Anarchy
  • Perjury
  • A sodomy that is compelled
  • Arson
  • False swearing
  • Embracery
  • Robbery
  • The implication of conspiracies, attempts, or aiding others to commit the offenses can't be wiped out.

The requirement for notice before Conducting Investigative Consumer Reports

Per NJSA 56:11-33, employers who plan to investigate consumer complaints must give advance notice to the consumer. They also must give them a written notice of their rights to obtain an account of the investigation report.

Notification of Rights before Making an Adverse Action

According to NJSA 56:11-31, employers who intend to take adverse actions must provide applicants with the State of FCRA rights. They also must provide their background check report.

Salary History Inquiry Prohibited

Per the 2018 Executive Order No. 1, State agencies are forbidden from asking questions about applicants' salary history when they hire applicants.

Social Media Information Inquiry Prohibited

Employers are not permitted to ask employees or applicants for the passwords for their social media accounts under NJSA 34:6B-5 et seq. Employers are also not permitted to seek access to employees' or applicants' social media data in any manner.

What's in a Background Check in NJ?

What information could be found in what might be found on a New Jersey background check will depend on the type of reports you're looking for. For example, employers typically request criminal background information, employment information, educational information, and professional license background checks.

Some employers may also require driving records from applicants who be driving as part of their job. In addition, some employers will also require pre-employment drug tests.

Background checks before employment will contain the following types of data:

  • Criminal and misdemeanor convictions that haven't been expunged or pardoned
  • Amid criminal cases
  • Arrests that resulted in convictions
  • Information on the registry of sexual offenders
  • Employment background
  • History of education
  • History of address
  • The list of domestic terrorists

 

What can you expect to notice on these reports? First, let's look at the below.

Criminal History

If a person has a criminal history that hasn't been cleared and you are looking for the following kinds of information:

  • Date of the offense
  • The type of offense
  • Severity degree (misdemeanor or criminal)
  • Disposition
  • Disposition date
  • Sentence
  • If the applicant successfully expunged their criminal record, You will not see any information regarding expunged convictions.

Education Verification

If you are looking for an Education Verification Report, you'll receive the following kinds of information:

  • Each school that is attended
  • Attendance dates
  • Certificates or diplomas or degrees awarded.

 

The request for an education verification will allow you to verify whether or not the person applying has attended the school and earned the degree or certificates reported.

Employment Verification

Verification of employment allows you to determine whether the applicant is truthful about their background in employment. When you look at this type of report, you'll find the following kinds of details:

  • Each employer for which an applicant worked
  • Dates for employment at each company
  • Positions and titles held at each position

How Long Do Background Checks go to New Jersey?

The FCRA and the state laws of New Jersey govern the length of time background checks are permitted. If you are employed for below $75,000, there's an opportunity to look back seven years in the FCRA for the following kinds of information:

  • Arrests do not result in convictions
  • Civil judgments
  • Civil lawsuits
  • Bankruptcies
  • Liens

 

If the information is more than seven years old, it is not disclosed. The FCRA's rules don't apply to criminal records. Likewise, an exception is made for jobs that pay at least $75,000 per annum.

The law of expungement in New Jersey convictions more than ten years old and extinguished will also not be recorded.

The FCRA's "lookback" period does not apply to education, employment history, or qualifications. The information about these matters can be disclosed regardless of age.

How Can I Apply for a Background Check for New Jersey?

New Jersey employers can request criminal history information by contacting police from the New Jersey State Police for potential employees. Employers of private and public schools can also request the Department of Education of New Jersey's Office of Student Protection.

Background checks conducted by the state's agencies will provide criminal history information inside New Jersey. However, they will not give information on convictions from other states or other crucial kinds of background information.

Employers may come across websites that offer no-cost New Jersey background checks. They are to be avoided as they are often not compliant with the FCRA and could provide inaccurate and out-of-date information. In addition, depending on the details they supply puts you at risk of being sued.

The most effective method to conduct an employment background check is to partner with a reliable background check provider like The Koleman Group LLC. We provide comprehensive, precise, updated, current, and compliance with the FCRA for employee background checks.

As a New Jersey Employer, How Do I Stay Compliant?

New Jersey's employers must comply with federal and state background check laws. If you fail to comply, you may be subject to hefty penalties and fines, as well as prospective applicants may sue you.

To ensure compliance, adhere to these steps.

  1. Do not inquire about criminal history In the Initial Hiring Phase.

Please do not inquire about their criminal history on their applications or in the beginning phases of hiring. Instead, it would help if you waited to inquire about criminal history information after interviewing the candidate.

  1. Completely Individual Evaluations of Convictions

If a candidate is awaiting a decision on an arrest, you must examine the conviction concerning how it pertains to the position that they are applying for. Don't make a negative decision before completing an assessment on your own.

  1. Give notice of a Possible adverse job decision.

If you wish to make an unfavorable employment decision based on information related to an arrest, You must notify the person applying.

The notice should mention the conviction that disqualifies you. The notice must also give the applicant the criminal history report and inform them of the deadline to provide information regarding the information, including evidence to show that the information is incorrect or that the individual has properly rehabilitated.

  1. Send an Official Notice of the Adverse Action

If you decide not to employ an applicant after going through the adverse action procedure, you must send an adverse action final notice to the applicant. The notice should advise the person applying for the right per New Jersey state law and the FCRA.

What Can Disqualify You from a New Jersey Background Check?

Candidates may be denied job opportunities based on background checks due to various reasons. The most frequent reasons are listed below.

disqualifying criminal Convictions

As per the National Conference of State Legislatures that 77 million people are believed to have criminal records within the US If an applicant is exempt from employment based upon a criminal record is contingent on the specific regulations of the industry as well as what the specifics of the crime and the kind of job to which he/she applied.

Lies About Past Employment

Some believe that they could increase their chances of finding a job by lying about information about their prior work. Some use this tactic to cover up gaps in their employment or appear more knowledgeable than they are.

If employers ask for verification of employment checks, they quickly determine whether an applicant has committed a lie. False information about employment history is likely to cause a negative hiring decision.

Lies About Education

Another area where candidates are more likely to lie about their data is their educational background. Verification of education checks will show the extent to which an applicant has been to the school they claimed to have attended and received the certificates or degrees they have declared. Incorrectly claiming that you have completed your education could result in an immediate rejection.

Poor Driving History

Candidates for jobs that require driving are likely to be required to have their driving records examined. If they've had numerous offenses, they could be reluctant to hire them due to their inability to secure the insurance and liability risk.

Failure to pass a Drug Test

The pre-employment tests to test for drug use are often requested to New Jersey employers to protect the security of their workplaces. Trustworthy background check providers like The Koleman Group LLC provide pre-employment drug tests. If a candidate fails the test, employers may decide not to employ the applicant.

What's the Price of Background Checks cost for New Jersey?

If you opt to get an employment background check from the New Jersey State Police, You must pay $44.13 fingerprint cost for each report. But, these reports do not contain information on other crucial types of background information like the applicant's work, education, and other factors.

The best option is to work with an established company like The Koleman Group LLC. Due to our database access, we can quickly deliver accurate, reliable, and legally and legally compliant background check reports.

You can also pick the type of information you require to ensure that you don't need to cover the cost of additional details.

We offer a wide variety of background check reports from which to pick. If you are planning to purchase fifty or more of these reports every year, you'll be able to profit from our volume discount. Contact us today for a no-cost, free estimate at 618-398-3900.

What length of time does a Background Check take to complete in NJ?

The time it takes to conduct a background check will depend on how you conduct the check. For example, if you decide to take an at-home approach, making requests to various state agencies, former employers, and educational institutions, it could be a long time.

Many employers can't afford to handle NJ background check delays in today's tight labor market. The need to make well-informed hiring decisions swiftly is another reason to work together with The Koleman Group LLC. Due to our expertise and resources, We can provide background check reports in less than a couple of hours.

The Koleman Group LLC Your trusted partner for fast, accurate, and compliant New Jersey Background Checks

The process of conducting New Jersey pre-employment background checks should be an integral element of your hiring process. Background checks help minimize the risk of liability and ensure your employees and your customers.

At The Koleman Group LLC, we have access to a wide range of resources and the expertise to deliver accurate, up-to-date, fully compliant FCRA background check reports quickly to our clients in New Jersey.

To find out more, contact The Koleman Group LLC to request a no-cost estimate and discuss how we can assist in your company's before hiring background check needs.

Disclaimer: The information and resources offered on this site are intended for educational use only and do not provide legal advice. Contact your attorney for legal concerns concerning your particular practice and compliance with the applicable laws.


Updated on 2022-06-07 21:33:49 by larry coleman

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