Because crimes or disorderly persons offenses disqualify individuals from employment in New Jersey state facilities for individuals with mental illnesses and for individuals with developmental disabilities, criminal record checks are required prior to employment in these positions and at least once every two years during the period of employment.
Criminal history background checks must be conducted on all current and prospective employees in direct contact with institutionalized elderly persons. Facilities are prohibited from hiring any unlicensed person serving in a position that involves regular contact with an elderly patient. However, certain individuals may be hired on a conditional basis for no more than 180 days pending completion of a criminal history background check.
Individuals will not be disqualified from employment on the basis of a conviction disclosed by a criminal history background check if they have affirmatively demonstrated clear and convincing evidence of rehabilitation. Individuals refusing to consent to or cooperate in the securing of a criminal history background check will not be considered for employment. The prospective employer may require the prospective employee to pay the cost of the background check.
New Jersey requires, as a condition of obtaining or renewing a child care center license, that a criminal history background check be conducted for each staff member to determine if there are any reported incidents of child abuse or neglect involving the employees. Staff members must provide written consent for the background checks. A refusal to consent must result in immediate termination of employment. Staff members will be charged a fee for the background checks. The center may, at its discretion, offer to pay for or reimburse the staff member for the cost of the background check.
Local New Jersey housing authorities are required to conduct a criminal history background check, including a fingerprint check, on all applicants seeking employment and are prohibited from employing applicants with criminal records. Individuals need not be disqualified from consideration for employment if they have shown that they are rehabilitated. Written consent is necessary for the background check and applicants who refuse to consent may not be considered for employment. The applicant is responsible for the cost of the criminal background check.
The Department of Health and Senior Services may not issue a nurse aide or personal care assistant certification to any applicant, except on a conditional basis (with a 180-day limit), unless there is first a determination that no criminal history record information exists that would disqualify that person from being certified.
In addition, the New Jersey Board of Nursing may not issue a homemaker-home health care aide certificate to any applicant, except on a conditional basis for 180 days, unless the board first determines that no criminal history record information exists that would disqualify that person from being certified. If a background check reveals a relevant criminal conviction, but the individual has evidence of rehabilitation, the individual will not be disqualified from certification. An applicant for certification who refuses to cooperate in securing a criminal history record check may not be issued a certificate. The employer or prospective may pay the cost of the criminal record background check or require that the employee or prospective employee bear the cost of the check.
Public school employees must undergo criminal background record checks before being employed. Schools may hire employees provisionally while the check is being completed, but only after the school board of directors makes a special request for provisional hiring. Provisional employment generally only last for three months, however a two-month extension may be sought.
Criminal background checks may also be required of private school employees.
Employees and applicants for employment in the school system, including teachers, cafeteria workers, enforcement and maintenance personnel and bus drivers, who would have regular contact with students, must submit a set of fingerprints and written consent for a criminal background check.
The Casino Control Commission has the authority to prescribe procedures for the fingerprinting of licensee employees that may be necessary for casino floor restrictions.
Applicants for employment and current employees of mental hospitals must file a set of fingerprints and written consent with the Commissioner of Human Services for a criminal background check.
No appointment to parking enforcement or special law enforcement positions may be made unless the applicant submits a set of fingerprints to the state and the Federal Bureau of Investigation.
Private detective licensees must maintain one set of fingerprints of each
employee and send two sets to the state within 48 hours of employment for
criminal background checks.