What Can a Criminal Conviction do to my Job Status in NJ?

Getting a criminal conviction can result in a number of serious consequences, including hurting your job prospects. First, there are the immediate consequences, such as fines, jail or prison time, probation, the loss of your driver’s license for certain crimes, etc.

But then there are longer-term consequences. You may lose the right to own firearms. You may be required to register as a sex offender on the Megan’s Law registry. Even worse, your conviction may affect your ability to qualify for certain government benefits, housing, and, most significantly of all, your ability to find work.

Effects of Criminal Convictions on Employment in New Jersey

Losing Your License

Many crimes and traffic offenses, most commonly drug offenses and DWI charges, can result in the loss of your New Jersey driver’s license for a period of months or even years. If you are unable to feasibly or conveniently reach your job via public transit, which many people in New Jersey cannot, this can force you to choose between driving without a license, which can result in even more serious convictions and penalties, and making it in on time to work. Many people end up losing their jobs if they are unable to drive to satisfy their childcare demands or employment demands.

Employment Background Checks

Criminal convictions can appear on your permanent criminal record. Employers often run background checks that can reveal this information. If you have a criminal history, employers may be less likely to hire you, especially if your crime of conviction involved dishonesty, false statements, theft or fraud, and the like.

Unfortunately, any criminal conviction—and even some arrests for serious crimes—can jeopardize your prospects of gaining or keeping employment. This is true of disorderly persons offenses (New Jersey’s rough equivalent of a misdemeanor), indictable offenses (New Jersey’s equivalent of a felony), and even some traffic offenses like DUI.

Although New Jersey’s “ban the box” law attempts to protect job applicants from having to reveal their criminal record in certain situations, it does not provide complete protection, and you should be aware that your criminal conviction could affect your employment. You should speak to an attorney about the possibility of expungement of your criminal records if you meet certain conditions. This can be incredibly value for your future if you have already been convicted of a crime.

Professional Licensing, Education, and Security Clearance

Felony and certain disorderly persons offense convictions can make it difficult for you to obtain certain professional licenses, including licenses to practice law, certain financial advising, and similar licenses. You can also have a difficult time applying to vocational or graduate school, and you may further find yourself unable to obtain a security clearance related to sensitive types of employment. You should consider speaking to an attorney if your criminal history is interfering with your ability to obtain a license or clearance to see if expungement may be an option.

School Jobs and Working with Children

New Jersey state law disqualifies individuals from working for a school if they have committed certain types of crimes. Specifically, certain crimes disqualify you from working at a school, school system, or school facility supervised by the New Jersey Department of Education. These disqualifying crimes include all first and second degree felony convictions, which are some of the most serious offenses recognized by the state. These charges range from murder, to aggravated sexual assault, and robbery.

There are many other crimes outside of first and second degree indictable offenses, that can also disqualify you from school employment. For example, you may be banned from working with children if convicted of endangering the welfare of a child, stalking, luring or enticing a minor, terroristic threats, and many others.

Your Protections in New Jersey from Hiring Discriminations due to Criminal Records

In New Jersey, a criminal conviction can legally affect your job status, but you have significant protections that prevent employers from rejecting or firing you “automatically” in most cases.

Here is the breakdown of your rights as an applicant:

1. Ban the Box Law

New Jersey has a strong “Ban the Box” law (The Opportunity to Compete Act).

• The Rule: Employers with 15+ employees established in NJ are legally forbidden from asking about your criminal history on the initial job application.

• The Interview: They cannot ask about your record until after the first interview is completed. This ensures you get a chance to sell your skills before they judge your past.

• The Background Check: Once they make a conditional job offer or complete the interview, they can run a background check. If they see a conviction, they cannot just say “No.” They must proceed to the “Balancing Test” (see below).

2. The “Balancing Test”

Under the Rehabilitated Convicted Offenders Act and case law (Crea v. Hall), an employer cannot deny you a job solely because you have a record. They must prove that your specific crime conflicts with that specific job.

They are legally required to consider these 6 factors:

1. Nature of the Job: Does the crime relate to the duties? (e.g., a theft conviction is relevant for a bank teller, but likely not for a construction worker).

2. Nature of the Crime: How serious was the offense?

3. Time Elapsed: How long has it been since the conviction or release?

4. Circumstances: What was happening in your life at the time?

5. Age: How old were you when you committed the offense?

6. Rehabilitation: Have you stayed out of trouble, held other jobs, or completed training/therapy since then?

3. Exceptions Where You Can Be Denied Employment

Certain industries have federal or state mandates that override these protections. You can be legally barred from employment in:

• Healthcare: Recent laws (late 2024) expanded background check requirements for many healthcare licenses. Certain convictions (abuse, violent crimes) are automatic disqualifiers.

• Law Enforcement & Security: Police, corrections, and private security jobs generally have a zero-tolerance policy for criminal records.

• Education: Jobs involving supervision of children often require a completely clean record.

• Airports/Aviation: TSA clearance is required, and many felonies disqualify you.

4. New 2024/2025 Expungement Updates

If your conviction is old, you may be able to hide it completely.

• “Clean Slate” Law: If you have gone 10 years with no new convictions, you may be eligible to wipe your entire record (felonies and misdemeanors).

• New Tracking Portal (2025): A new law requires the NJ State Police to maintain an online portal where you can track the status of your expungement order. This fixes a major issue where courts granted expungements but the police database wasn’t updated fast enough, causing “cleared” records to still show up on background checks.

Want to Avoid Losing Your Job for Criminal or DWI Charges?

You should consult an attorney to learn more about whether a conviction or charges pending against you might have significant adverse effects on your ability to keep or hold a job. Contact (848) 238-2100 or contact us online to speak to a member of our firm free of charge.