{"data":{"id":"us-nj/n.j.-stat.-9-3-40.5","jurisdiction":"us-nj","citation":"N.J. Stat. § 9:3-40.5","heading":"Disqualification of staff member for employment.","body":"4.\tExcept as provided in subsection d. of this section, a current staff member or an applicant for employment shall be disqualified from employment at an approved agency if the criminal history record background check of the staff member or applicant reveals a record of conviction for any of the following crimes and offenses:\na.\tIn New Jersey, any crime or disorderly persons offense as follows:\n(1)\ta crime against a child, including endangering the welfare of a child and any crime involving child sexual abuse or exploitation material pursuant to N.J.S.2C:24-4;\n(2)\tabuse, abandonment, or neglect of a child pursuant to R.S.9:6-3;\n(3)\tendangering the welfare of an incompetent person pursuant to N.J.S.2C:24-7;\n(4)\tsexual assault, criminal sexual contact, or lewdness pursuant to N.J.S.2C:14-2 through 2C:14-4;\n(5)\tmurder pursuant to N.J.S.2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;\n(6)\tstalking pursuant to section 1 of P.L.1992, c.209 (C.2C:12-10);\n(7)\tkidnapping and related offenses including criminal restraint, false imprisonment, interference with custody, criminal coercion, or enticing a child into a motor vehicle, structure, or isolated area pursuant to N.J.S.2C:13-1 through 2C:13-5 and section 1 of P.L.1993, c.291 (C.2C:13-6);\n(8)\tarson pursuant to N.J.S.2C:17-1 or causing or risking widespread injury or damage, which would constitute a crime of the second degree pursuant to N.J.S.2C:17-2;\n(9)\taggravated assault, which would constitute a crime of the second or third degree pursuant to subsection b. of N.J.S.2C:12-1;\n(10) robbery, which would constitute a crime of the first degree pursuant to N.J.S.2C:15-1;\n(11) burglary, which would constitute a crime of the second degree pursuant to N.J.S.2C:18-2;\n(12) domestic violence pursuant to P.L.1991, c.261 (C.2C:25-17 et al.);\n(13) terroristic threats pursuant to N.J.S.2C:12-3; or\n(14) an attempt or conspiracy to commit any of the crimes or offenses listed in paragraphs (1) through (13) of this subsection.\nb.\tIn any other state or jurisdiction, of conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in subsection a. of this section.\nc.\tNotwithstanding the provisions of this section to the contrary, a staff member shall not be disqualified from employment at an approved agency under this act on the basis of any conviction disclosed by a criminal history record background check performed pursuant to this act without an opportunity to challenge the accuracy of the disqualifying criminal history record pursuant to the provisions of section 7 of P.L.2003, c.186 (C.53:1-20.9d).\nd.\tIf a staff member is convicted of a crime specified in subsection a. of this section, the staff member shall be terminated from employment at the agency, except that the department may approve the staff member's employment at the agency if all of the following conditions are met:\n(1)\tthe department determines that the crime does not relate adversely to the position the staff member is employed in pursuant to the provisions of P.L.1968, c.282 (C.2A:168A-1 et seq.);\n(2)\tthe conviction is not related to a crime committed against a child, as specified in subsection a. of this section;\n(3)\tthe agency documents that the staff member's employment at the agency does not create a risk to the safety or well-being of children due to the nature and requirements of the position; as necessary, the agency shall identify restrictions regarding the staff member's contact with, care, or supervision of children;\n(4)\tthe agency documents that the staff member is uniquely qualified for the position due to specific skills, qualifications, characteristics, or prior employment experiences; and\n(5)\tthe department determines that the staff member has affirmatively demonstrated rehabilitation, pursuant to the factors specified in subsection b. of section 5 of this act.\nL.2008, c.114, s.4; amended 2024, c.92, s.10.","path":["TITLE 9 CHILDREN--JUVENILE AND DOMESTIC RELATIONS COURTS"],"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":"185769b5a8df058166e3cc4bf26f51dc085fc6f90f07f54c3c73deb83cff6b74","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-9-3-40.4","next":"us-nj/n.j.-stat.-9-3-40.6"},"notice":"GroundRules: Original legal text. Not legal advice."}