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Legislators are reviewing a proposed bill that would require an authorized official to find out whether a record is scheduled for expungement before it can be included in a background check.

The Proposed Legislation

New Jersey’s proposed Assembly Bill 5793 (AB5793) would require the Superintendent of State Police to: “adopt rules and regulations authorizing the dissemination, by the State Bureau of Identification, of criminal history record background information requested by State, county and local government agencies, including the Division of State Police, in noncriminal matters, or requested by individuals, nongovernmental entities or other governmental entities whose access to such criminal history record background information is not prohibited by law.”

If the bill is signed into law, then when a criminal background report request is initiated, the State Bureau of Identification would be required to:

• Verify whether any records found for the person being screened have been granted an order of expungement by the Superior Court.
• If so, determine whether the expunction process was completed.
• Upon determining that a record is scheduled to be expunged, update their own records accordingly.

The Reason Behind This Bill

Millions of Americans have criminal records. Many are for minor, non-violent crimes or actions that have since been decriminalized. Various studies have shown that having any type of conviction can make it difficult for people to obtain jobs or other life necessities.

A Second Chance Movement has become prominent throughout the United States and its primary goal is to help individuals who are in that situation. One result of this is the passing of numerous bills that call for actions such as:

• Prohibiting employers from asking about an applicant’s criminal history until after an interview or conditional offer.
• Expunging records that are for minor offenses or activities which are now legal.
• Requiring employers to assess any criminal records that are found during the screening process to determine if they warrant an adverse action.

Because of these laws, people throughout the country have taken steps to get eligible criminal records expunged. However, this process can take a while. Legislators in New Jersey noted that various records have been approved for expunction, but not yet expunged. AB5793 could help prevent background checks from including convictions that will soon be sealed.

Once Records Are Expunged

After a record is expunged, it cannot be considered by employers or other organizations when they are making decisions about consumers. That makes it essential for hiring managers to only review current data. A great way to accomplish this is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA).

Accredited CRAs have shown that they take reasonable steps to ensure the reports they provide are accurate and up to date. Those reports can be used to help businesses make informed decisions, establish and maintain safe working environments and conduct due diligence.

Requesting Background Checks

If your business needs background checks for employment purposes, please contact us. Our friendly, experienced team can help you customize screening packages that suit your needs, comply with relevant laws and meet industry standards. We are available to assist you Monday through Friday from 5am to 6pm PT.