New Jersey’s New “Ban the Box” Law - Implications of the “Opportunity to Compete Act” on Criminal Background Checks by Employers and the Continuing Need for Prospective Employees to Obtain Expungement

By Ellen Torregrossa-O'Connor |   Aug. 26, 2014

New Jersey’s New “Ban the Box” Law

“Banning the Box” is the catch phrase used to describe a growing trend in legislation that bars would-be employers from inquiring about a job applicant’s criminal record during the initial round of the application process. The “box” refers to the familiar question on most written job applications expressly probing into prior arrests, charges, and convictions, although the focus of the movement extends to interviews or early inquiries of any kind into criminal background. On August 11, 2014, New Jersey joined several other states and cities throughout the country by passing the “Opportunity to Compete Act,” prohibiting certain employers from early consideration of an applicant’s criminal record. The law radically alters typical early screening procedures, and employers and applicants should take note.

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Topics : expungements, New Jersey Laws | 0 Comments Read More

Update on prior post regarding expugements

By Darren M. Gelber |   Aug. 17, 2012

In a prior post, I wrote about two conflicting court decisions on the eligibility for expungement of certain juvenile adjudications

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Contradicting Court Opinions On Expungement Of Juvenile Adjudications

By Darren M. Gelber |   Jul. 18, 2012

Within the span of about four weeks, the Superior Court, Appellate Division issued two separate opinions with seemingly contradictory interpretations of an important provision of our state’s expungement statutes. The issue is of particular importance to parents of children facing juvenile delinquency charges, and to anyone who, in the past, has faced juvenile delinquency charges. Generally speaking, someone’s eligibility to have a particular arrest, charge or conviction expunged depends upon the type of charge involved, how the charge was resolved and whether the applicant for expungement has satisfied any applicable waiting period. With only very limited exceptions, if an expungement is granted, the event is deemed not to have occurred and a person is entitled by law to answer any questions accordingly.

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Topics : Juvenile Justice System, expungements | 1 Comment Read More

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