State Criminal History Background Checks The Final Word

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1 State Criminal History Background Checks The Final Word Submitted by Bruce E. Gudin, Esq. Q. Can I do a check on my A. No. State law governs the dissemination of criminal history friend, neighbor, or relative? record information compiled and maintained by the Division of State Police. New Jersey Executive Order Number 123 (1985), and its successor, Executive Order Number 69 (1997), both exempt criminal history record information from the category of records automatically available to the public under New Jersey's Right to Know Law, N.J.S.A. 47:1A-1 et seq. Only a federal or state statute, rule, regulation, administration code, or executive order could mandate release of criminal history record information to you. An authorized individual or agency may only access criminal history record information for an authorized purpose. Q. Can I do a record check on a perspective employee (babysitter, gardener)? A. Yes. N.J.A.C. 13:59-1.2(a)2 authorizes the dissemination of criminal history record information to a person or nongovernmental entity of this State for the purpose of employment. Q. My previous employer did a record check; is it necessary to have another done for a new job? A. Yes. Since the results of a record check are dated and may have changed since your last background check, your new employer may require a new check be conducted. This of course is at the discretion of your new employer. Q. Can an attorney or private detective do a background check? A. Yes. N.J.A.C. 13:59-1.2(a)3 authorizes attorneys licensed by the state of New Jersey to obtain criminal history record information for any contested matters docketed in any State or Federal courts or administrative agencies of this State. Requests must be by the submission of a subpoena whereas an out-of-state attorney must submit a court order signed by a judge. Yes. N.J.A.C. 13:59-1.2(a)4 authorizes private detectives licensed by the Division of State Police pursuant to N.J.S.A. 45:19-8 et seq. for purposes of obtaining information in furtherance of the performance of their statutorily authorized functions, as specifically enumerated by N.J.S.A. 45:19-9(a)1 to 9.

2 Background Information Requests may be submitted utilizing the SBI 212B Form. The New Jersey State Police frequently receives inquiries from government, business, and citizens on the regulations and procedures for obtaining an individual's criminal history record. New Jersey Administrative Code (N.J.A.C.) 13:59-1 et seq. authorizes the dissemination of New Jersey criminal history record information (CHRI) by the New Jersey State Police (NJSP), Records and Identification Section (R&I), State Bureau of Identification (SBI) for non-criminal justice purposes. The following entities are authorized to obtain from the SBI all records of convictions in the 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. Governmental entities of this state, the federal government, or any other state for any official governmental purpose, including, but not limited to, employment, licensing and the procurement of services; A person or non-governmental entity of this state for the purpose of determining a person's qualifications for employment, volunteer work or other performance of service; Attorneys-at-law licensed by the state of New Jersey for use in any contested matters docketed in any state or federal court or administrative agencies of this state; Private detectives licensed by the Division of State Police pursuant to N.J.S.A. 45:19-8 et seq. for the purposes of obtaining information in the furtherance of the performance of their statutorily authorized functions, as specifically enumerated by N.J.S.A. 45:19-9(a)1 to 9. Accessing CHRI Requests for CHRI by authorized requesters shall be on forms prescribed by the Superintendent of the State Police, with the exception of Attorneys-at-law licensed by the state of New Jersey who may obtain this information through the lawful issuance of a subpoena. Payment may be made by cashier check, certified check, or money order payable to the DIVISION OF STATE POLICE - SBI. No personal checks will be accepted.

3 INDIVIDUAL CRIMINAL BACKGROUND CHECKS The Division of State Police, Criminal Information Unit (CIU) provides criminal history record background checks to any individual requesting a copy of his/her own record. A personal record request is typically for the purpose of: GOOD CONDUCT IMMIGRATION NATURALIZATION PERSONAL RECORD VISA OBTAINING YOUR OWN CRIMINAL HISTORY RECORD An individual must contact the police department in the municipality where they reside and make an appointment to be fingerprinted on a State Applicant Fingerprint Card (SBI 19). The fingerprint card will list the purpose of the record check and include all identification data, i.e., individual's full name, date of birth, social security number, etc. The police department must ensure that their Originating Agency Identifier (ORI) Number is properly entered on the fingerprint card. The fingerprint card is given to the individual for mailing to the SBI at the address listed below. An out- of-state requester may use a State Applicant Fingerprint Card from the state where they reside or they may obtain a New Jersey State Applicant Fingerprint Card by contacting the SBI. A cover letter is required listing the purpose of the request, the individual's name, and the mailing address for the response to be forwarded. There is a required fee of $25, made payable to the Division of State Police-SBI. Acceptable methods of payment are cashier's check, certified check, business check, or money order. International money orders or checks must be drawn on a U.S. bank. No personal checks will be accepted. The cover letter, fingerprint card, check or money order will be submitted to: Division of State Police Attn: CIU PO Box 7068 West Trenton, NJ

4 The fingerprint card and the state police response will be mailed to the individual listed on the cover letter within five to ten working days. Noncriminal Justice Licensing / Employment Requests N.J.A.C. 13:59-1 et seq. provides background checks for noncriminal justice licensing or employment to the following: governmental entities of this State, the federal government or any other state for any official governmental purpose; a person or non-governmental entity of this State for employment, volunteer work or other performance of services; private detectives, licensed by the Division of State Police, for the purposes of obtaining information pursuant to their statutorily authorized functions The SBI 212B Form was developed to provide these entities with the ability to request criminal history record information by submitting a subject's name, date of birth, social security number, and other descriptive information. If an authorized SBI 212B Form requester elects to conduct a more thorough check, based on fingerprint comparison, they may submit a State Applicant Fingerprint Card to the SBI. A completed SBI 212B Form and the proper fee for a fingerprint card submission must accompany the fingerprint card. One SBI 212B Form will be used for each request and the required information must be typed or legibly printed. Photocopies will not be accepted since the forms are colorcoded and original signatures are required. The Division of State Police upon will supply all necessary forms required for access upon written request to the address listed above or by calling (609) , extension The fee for submission of an SBI 212B Form is $15. The fee for submission of an SBI 212B Form accompanied by a State Applicant Fingerprint Card is $25. All fees must be made payable to the Division of State Police- SBI. Payment by cashiers' check, certified check, business check, or money order. No personal checks will be accepted. All forms, fingerprint cards, and payments will be submitted to: Division of State Police Attn.: CIU P.O. Box 7068 West Trenton, NJ The SBI 212 Form, fingerprint card (if applicable), and the state police response will be

5 mailed to the agency within five to ten working days. Further questions regarding obtaining criminal history record background checks or noncriminal justice licensing/employment checks should be directed to the Criminal Information Unit, (609) , extension 2878.