N.J. Admin. Code § 10:44D-6.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10:44D-6.3 - Removal by rehabilitation from the Central Registry of Offenders Against Individuals with Developmental Disabilities

(a) A person may apply to the Commissioner for removal of his or her name from the Central Registry after a period of five years of being placed of being placed thereon.

(b) The person shall affirmatively demonstrate to the Commissioner clear and convincing evidence of rehabilitation. In determining whether an individual has affirmatively demonstrated rehabilitation, as highly probable or reasonably certain, the following factors shall be considered:

1. The nature and responsibility of the position that the individual would hold or has held, as the case may be;

2. The nature and seriousness of the offense that caused the person's name to be placed on the Central Registry;

3. The circumstances under which the offense occurred;

4. The date of the offense;

5. The age of the individual when the offense was committed;

6. Whether the offense was an isolated or repeated incident;

7. Any social conditions that may have contributed to the offense; and

8. Any evidence of rehabilitation, including good conduct in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, remorse, successful participation in correctional programs or the recommendation of those who have had the individual under their supervision.

N.J. Admin. Code § 10:44D-6.3