Bill Text: NJ S556 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits employment and licensing background checks to go back further than seven years under certain circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S556 Detail]
Download: New_Jersey-2010-S556-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator SANDRA B. CUNNINGHAM
District 31 (Hudson)
SYNOPSIS
Prohibits employment and licensing background checks to go back further than seven years under certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning criminal history record background checks and supplementing Title 53 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding any other law to the contrary, the State Bureau of Identification shall not disseminate criminal history record information for a noncriminal justice purpose to an authorized requester when that information concerns a crime or offense that was committed by the person identified in the request more than seven years immediately preceding the request if the person:
a. Was convicted of a crime of the third or fourth degree, or of a disorderly or petty disorderly persons offense, other than a sex offense for which registration is required pursuant to subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2); and
b. Has not been convicted of another crime or offense in the seven years immediately preceding the request.
2. This act shall take effect on the first day of the seventh month after enactment, but the Superintendent of State Police may take any anticipatory administrative action in advance as necessary to implement this act.
STATEMENT
This bill prohibits the State Bureau of Identification from disseminating criminal history record background information requested for employment or licensing purposes when that information is more than seven years old if the applicant was convicted of a third or fourth degree crime, or a disorderly or petty disorderly persons offense, but then did not commit another crime or offense for seven years. This bill would not apply to applicants who have committed sex offenses for which registration would be required under Megan's Law.
In many instances under current law, applicants for employment or professional licenses are required to undergo a criminal history record background check to determine whether they have a disqualifying crime or offense on their record. These applicants submit their fingerprints to the State Bureau of Identification (SBI) in the Division of State Police. The SBI conducts State background checks and if applicable, initiates federal background checks. The State Police informs the person requesting the information whether a disqualifying crime or offense was found. Under this bill, any disqualifying crime or offense that is more than seven years old would not be disclosed to the requester if the applicant meets the conditions in the bill.
There are many consequences resulting from criminal convictions that hinder successful reentry into society of persons who have been incarcerated. One of these consequences are the numerous statutes barring ex-convicts from employment. It is the sponsor's intention to remove some of these employment barriers for persons convicted of less serious crimes if their records have been clean for the last seven years.
