Terms Used In New Jersey Statutes 45:14F-10.2

  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
4. a. An applicant and holder of a license, certificate or registration shall submit to the board his name, address and fingerprints taken on standard fingerprint cards or electronically by a State or municipal law enforcement agency or authorized agent. The board is authorized to exchange fingerprint data with and receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making the determinations required by section 3 of P.L.1997, c.401 (C. 45:14F-10.1).

b. Upon receipt of the criminal history record information for a person from the Federal Bureau of Investigation or the Division of State Police, the board shall notify the applicant, licensee, certified individual or registrant, as applicable, in writing, of the person’s qualification or disqualification for licensure, certification or registration under section 3 of P.L.1997, c.401 (C. 45:14F-10.1). If the applicant, licensee, certified individual or registrant, as applicable, is disqualified, the conviction or convictions which constitute the basis for the disqualification shall be identified in the written notice.

c. The applicant, licensee, certified individual or registrant, as the case may be, shall have 30 days from the date of written notice of disqualification to petition the board for a hearing on the accuracy of the criminal history record information or to establish his rehabilitation under subsection b. of section 3 of P.L.1997, c.401 (C. 45:14F-10.1). The board may refer any case arising hereunder to the Office of Administrative Law for administrative proceedings pursuant to P.L.1968, c.410 (C. 52:14B-1 et seq.).

d. The board shall not maintain any individual’s criminal history record information or evidence of rehabilitation submitted under this section for more than six months from the date of a final determination by the board as to the individual’s qualification or disqualification to be licensed, certified or registered pursuant to the provisions of this section and section 3 of P.L.1997, c.401 (C. 45:14F-10.1).

e. All costs associated with performing the criminal history check required by P.L.1997, c.401 (C. 45:14F-10.1 et al.) shall be borne by the applicant for licensure, certification or registration, or the holder of any license, certification or registration.

L.1997, c.401, s.4; amended 2017, c.72, s.27.