{"data":{"id":"us-nj/n.j.-stat.-56-8-189","jurisdiction":"us-nj","citation":"N.J. Stat. § 56:8-189","heading":"Written consent for criminal history record background check.","body":"5. a.  The division shall not initiate a criminal history record background check pursuant to this act without the written consent of the person. The consent required under this section shall be in a manner and form prescribed by the director and shall include, but not be limited to, the signature, name, address and fingerprints of the person.\nb.\tUpon receiving the results of a criminal history record background check, the director shall promptly notify any person who has not been convicted of a disqualifying offense. Along with that notice, the director shall forward a certification stating that the person has been subjected to a criminal history record background check and that the check has not revealed any record that the person has been convicted of a disqualifying offense. The certificate shall be in a form and contain any additional information as the director may prescribe by rule and regulation.\nc.\tThe director shall promptly notify a person whose criminal history record background check reveals a disqualifying criminal conviction of the results of the background check. The person shall have 30 days from the receipt of that notice to petition the director for a review and cite reasons substantiating the review. If the person successfully challenges the accuracy of the criminal history record information indicating a criminal conviction or the person demonstrates affirmatively to the director clear and convincing evidence of rehabilitation, the director may issue a certificate indicating that the person has successfully cleared a background check.\nIn determining whether the rehabilitation of a person has been affirmatively demonstrated, the director shall consider:\n(1)\tThe nature and seriousness of the offense;\n(2)\tThe circumstances under which the offense occurred;\n(3)\tThe date of the offense;\n(4)\tThe age of the person when the offense was committed;\n(5)\tWhether the offense was repeated;\n(6)\tSocial conditions which may have contributed to the offense; and\n(7)\tAny evidence of rehabilitation, including good conduct in the community; counseling, psychological or psychiatric treatment; additional academic or vocational training; or personal recommendations.\nd.\tThe director shall not certify a person subject to the provisions of this act who refuses to consent to, or cooperate in, the securing of a criminal history record background check.\nL.2009, c.152, s.5.","path":["TITLE 56 TRADE NAMES, TRADE-MARKS AND UNFAIR TRADE PRACTICES"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"de36bf7a87dd73c3e367f2f5cfe92c9e6dc5ea77af409a1862bacaa56779498c","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-56-8-188","next":"us-nj/n.j.-stat.-56-8-190"},"notice":"GroundRules: Original legal text. Not legal advice."}