New Jersey has some of the strongest fair-chance laws in the country for both jobs and housing. The Opportunity to Compete Act, N.J.S.A. 34:6B-11 to 34:6B-19, covers employers with 15 or more employees, including public employers. They may not ask about criminal records, on an application or out loud, until after the first interview. Job ads may not say that people with records will not be considered. The law is enforced by the Department of Labor with civil penalties. It does not give applicants a private right to sue.
For rentals, the Fair Chance in Housing Act, N.J.S.A. 46:8-52 et seq., signed in 2021, goes further. Most landlords may not ask about criminal history until after a conditional offer. Owner-occupied buildings with four or fewer units are exempt. Landlords may never consider arrests without conviction, expunged, pardoned or sealed records, or juvenile adjudications. Only listed convictions can be considered, and most only within set lookback periods: six years for first-degree offenses, four years for second- or third-degree offenses, and one year for fourth-degree offenses. A landlord that withdraws an offer must give a written notice and, on request, the records it relied on.
New Jersey's 2019 expungement reform added a clean slate petition for people whose most recent conviction or release was at least 10 years ago, and directed the state to build an automated clean slate process. Expunged records are removed from public files. If a background check or tenant screening report still shows one, the report may be inaccurate under the FCRA.
Where New Jersey FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from New Jersey are heard in one federal district:
- District of New JerseyCourthouses: Newark, Trenton, Camden.Filed with local or cooperating counsel
Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:
- Checkr: HQ in N.D. California
- First Advantage and Sterling: HQ in N.D. Georgia
- RealPage: HQ in N.D. Texas
Which court is right depends on your facts. We'll tell you at your free case review.
New Jersey laws that add to the FCRA
- Opportunity to Compete Act (N.J.S.A. 34:6B-11 to 34:6B-19)
Employers with 15 or more employees may not ask about criminal records until after the first interview, with exceptions for law enforcement and jobs where a check is legally required. Enforced by civil penalties, with no private right of action. Read it - Fair Chance in Housing Act (N.J.S.A. 46:8-52 et seq.)
Bars most landlords from asking about criminal history before a conditional offer, bars use of arrests, expunged, sealed and juvenile records, and limits most convictions to set lookback periods. Applicants can file complaints with the Division on Civil Rights within 180 days. Read it - Clean slate expungement (N.J.S.A. 2C:52-5.3 and 2C:52-5.4 (P.L.2019, c.269))
Allows a clean slate expungement petition 10 years after a person's most recent conviction, payment, supervision or release, excluding non-expungeable offenses. Directs the state to develop an automated process to make eligible records inaccessible to the public. Read it
Common background check errors
- Someone else's criminal or eviction record matched to you by name
- Dismissed, sealed or expunged cases still reported
- Charges reported as convictions, or misdemeanors as felonies
- The same case listed several times
- Eviction filings reported without the dismissal or outcome
Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.
Frequently asked questions
When can a New Jersey employer ask about my criminal record?
Under the Opportunity to Compete Act, employers with 15 or more employees generally may not ask until after the first interview. There are exceptions, such as law enforcement jobs and jobs where a background check is required by law. The employer must still follow the FCRA if it uses a background check company.
Can a New Jersey landlord reject me because of a criminal record?
Only within limits. Under the Fair Chance in Housing Act, most landlords may check criminal history only after a conditional offer, and only for certain convictions within set lookback periods. They must do an individual assessment and give written notice if they withdraw the offer. You can file a complaint with the Division on Civil Rights within 180 days.
My New Jersey record was expunged but still shows up on a background check. What can I do?
You can dispute the item with the background check company and send a copy of the expungement order. The company must reinvestigate under the FCRA and delete inaccurate information. If it keeps reporting an expunged record, you may have an FCRA claim.
How long do I have to file an FCRA lawsuit in New Jersey?
FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.
Sources
- P.L.2005, c.226, Identity Theft Prevention Act (New Jersey Legislature)
- P.L.2014, c.32, Opportunity to Compete Act (New Jersey Legislature)
- P.L.2019, c.269, expungement reform (New Jersey Legislature)
- NJ Division on Civil Rights, Fair Chance in Housing Act
- NELP, Ban the Box / Fair Chance Hiring State and Local Guide
- Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (FTC)
- U.S. District Court for the District of New Jersey
Updated November 2026. This page is general information, not legal advice.