Sponsored by:
Senator SANDRA B. CUNNINGHAM
District 31 (Hudson)
Senator STEPHEN M. SWEENEY
District 3 (Cumberland, Gloucester and Salem)
Senator M. TERESA RUIZ
District 29 (Essex)
Co-Sponsored by:
Senator Lesniak
SYNOPSIS
Prohibits certain employment discrimination based upon expunged criminal record.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain employment rights of persons with expunged criminal records and amending P.L.2014, c.32.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.2014, c.32 (C.34:6B-14) is amended to read as follows:
4. a. Except as otherwise provided in section 6 of [this act] P.L.2014, c.32 (C.34:6B-16):
(1) An employer shall not require an applicant for employment to complete any employment application that makes any inquiries regarding an applicant's criminal record, including an expunged criminal record, during the initial employment application process.
(2) An employer shall not make any oral [or] , written, or online inquiry regarding an applicant's criminal record, including an expunged criminal record, during the initial employment application process.
b. Notwithstanding the provisions of subsection a. of this section, if an applicant discloses any information regarding the applicant's criminal record, by voluntary oral or written disclosure, during the initial employment application process, the employer may make inquiries regarding the applicant's criminal record during the initial employment application process.
c. Nothing set forth in this section shall be construed to prohibit an employer from requiring an applicant for employment to complete an employment application that makes any inquiries regarding an applicant's criminal record after the initial employment application process has concluded or from making any oral or written inquiries regarding an applicant's criminal record after the initial employment application process has concluded. The provisions of this section shall not preclude an employer from refusing to hire an applicant for employment based upon the applicant's criminal record, unless the criminal record or relevant portion thereof has been expunged or erased through executive pardon, provided that such refusal is consistent with other applicable laws, rules and regulations.
(cf: P.L.2014, c.32, s.4)
2. This act shall take effect immediately.
STATEMENT
This bill prohibits certain employment discrimination based upon a person’s expunged criminal record.
Under current law, an employer generally is prohibited from inquiring, either orally or in writing, about a candidate’s criminal record and from requiring a candidate to complete an application that makes an inquiry regarding the person’s criminal record during the initial employment application process.
This bill provides that, in addition to an oral or written inquiry, an employer is also prohibited from making an online inquiry about the candidate’s criminal record. In addition, under the provisions of this bill, an employer is prohibited from inquiring about an applicant’s expunged criminal record, in addition to the applicant’s current criminal record.
An expungement is the removal and isolation of all records on file within any court, detention or correctional facility, law enforcement agency, criminal justice agency, or juvenile justice agency concerning a person's apprehension, arrest, detention, trial, or disposition of an offense within the criminal or juvenile justice system. Unless otherwise provided by law, if an order for expungement is granted, the adult arrest, record of law enforcement taking a person into custody as a juvenile, conviction, adjudication of delinquency, disposition, and any related proceedings are considered not to have occurred.
Currently, under N.J.S.2C:52-30, it is a disorderly persons offense to reveal an expunged record. A disorderly persons offense is punishable by up to six months imprisonment, a fine of up to $1,000, or both.