N.J. Admin. Code § 13:59-1.2

Current through Register Vol. 56, No. 8, April 15, 2024

Section 13:59-1.2 - Dissemination for noncriminal justice purposes

(a) In addition to any other Federal or state laws, regulations, executive orders, ordinances or resolutions authorizing the dissemination of criminal history record information, the following requesters are authorized to obtain from the SBI all New Jersey criminal history record information from the central repository of SBI for noncriminal justice purposes records of convictions in New Jersey State courts and, regardless of their age, all records of pending arrests and charges for violations of New Jersey laws, unless such records have been expunged pursuant to law:

1. Governmental entities of this State, the Federal government or any other state for any official governmental purposes, including, but not limited to, employment, licensing and the procurement of services;

2. A person or non-governmental entity of any state, that seeks to directly engage the services of the subject of the record, for purposes of determining the subject's qualifications for employment, volunteer work or other performance of services;

3. Attorneys-at-law licensed by any state for use in any contested matters docketed in any state or Federal courts or administrative agencies of any state;

4. Private detectives licensed by the New Jersey Division of State Police pursuant to 45:19-8 et seq., for purposes of obtaining information in furtherance of the performance of their statutorily authorized functions, as specifically enumerated by 45:19-9(a)1 to 9; and

5. A named individual as prescribed pursuant to 13:59-1.7.

(b) Requesters authorized by (a)1 and 2 above to obtain criminal history record information shall, on the completed forms or fingerprint cards prescribed pursuant to 13:59-1.4, obtain the signatures of the subjects of the requests. Requesters authorized by (a)1 and 2 and (a)4 above shall sign certifications on the forms prescribed by the Division of State Police. The signed certifications shall specify that:

1. The requesters are authorized to receive criminal history record information in conformity with (a) above;

2. That such records shall be used by the requesters solely for the purposes enumerated by the relevant provision of (a) above;

3. That such records will not be disseminated to persons for unauthorized purposes; and

4. That the requesters will otherwise comply with the provisions of 13:59-1.6(a).

(c) Except in cases of attorneys-at-law and New Jersey licensed private detectives proceeding under (a)3 and 4 above, requesters authorized by (a) above to obtain criminal history record information shall sign certifications on the forms prescribed by the Division of State Police certifying:

1. They will furnish the subjects of their inquiries with adequate notice to complete or challenge the accuracy of the records provided by the SBI;

2. If requested by the subjects of the inquiries, they will provide them with a reasonable period of time to correct or complete any records provided by the SBI;

3. They will not presume guilt for any arrests pending court actions or charges indicated on records received from the SBI; and

4. That they will otherwise comply with the provisions of 13:59-1.6(b).

(d) With the submission of New Jersey and FBI fingerprint records created utilizing the Live Scan System or manual fingerprint cards pursuant to N.J.A.C. 13:59-1.4, national requesters may obtain from the SBI and FBI all criminal history record information retained on the subject and accessed by the SBI, including all criminal history record information from the central repository of the New Jersey State Police SBI, the National Crime Information Center (NCIC) or other states' computerized repositories containing criminal history record information, unless such records have been expunged by law.

N.J. Admin. Code § 13:59-1.2

Amended by 50 N.J.R. 2418(b), effective 12/3/2018