N.J. Admin. Code § 13:59-1.6

Current through Register Vol. 56, No. 23, December 2, 2024

Section 13:59-1.6 - Limitations on access and use of criminal history record information (CHRI) for noncriminal justice purposes

(a) If criminal history record information may be used to disqualify a person from obtaining or holding any position, employment or license or performing any services, whether compensated or uncompensated, the requester or national requester or other person making such determination shall provide the subject of the request with adequate notice and opportunity to confirm or deny the accuracy of any information contained in the criminal history record. The subject of the request shall be afforded a reasonable period of time to correct or complete the record prior to a final determination or decision concerning the subject's eligibility for the position, employment or license. A person is presumed innocent of any pending charges or arrests for which there are no final dispositions indicated on the record.

(b) The SBI shall prominently display the following notice on any record disseminated for noncriminal justice purposes:

Use of this record is governed by Federal and state statutes and regulations. Unless fingerprints accompanied your inquiry, the State Bureau of Identification cannot guarantee this record relates to the person who is the subject of your request. All records are subject to change and in the event that a record is later expunged, dissemination may be prohibited pursuant to 2C:52-30. Any person violating Federal and state statutes or regulations governing access to and use of criminal history record information is subject to any applicable criminal or civil penalties and remedies.

If this record may disqualify the subject of the record from obtaining or holding any position, employment or license or performing any services, the requester, national requester or other person making the determination shall provide the subject of the record with an opportunity to confirm or deny the accuracy of the information contained in the criminal history record. The subject of the record shall be afforded a reasonable period of time to correct and complete this record. A person is presumed innocent of any charges or arrests for which there are no final dispositions indicated on the record. This record is certified as a true copy of the criminal history record information on file for the assigned SBI number.

(c) Except when engaged in the lawful exercise of official duties, no public servant shall access or permit any other person to access information stored in the central repository of the New Jersey State Police SBI, National Crime Information Center (NCIC) or other states' repositories of computerized CHRI. This prohibition shall include use of any computer, computer system or computer network which may access computerized databases stored in the New Jersey Criminal Justice Information System, NCIC or other states' repositories of computerized CHRI. Access by any public servant to information stored in the central repository of the New Jersey State Police SBI, NCIC or other states' repositories of computerized CHRI shall be in strict conformity with these rules.

N.J. Admin. Code § 13:59-1.6

Amended by R.1992 d.308, effective 8/3/1992.
See: 24 New Jersey Register 1963(a), 24 New Jersey Register 2735(a).
Recodified from 13:59-1.8 and amended by R.1994 d.601, effective 12/5/1994.
See: 26 New Jersey Register 3595(a), 26 New Jersey Register 4782(a).
Prior text at 13:59-1.6, Superintendent's waiver provision, repealed.
Amended by R.2001 d.142, effective 5/7/2001.
See: 33 New Jersey Register 172(a), 33 New Jersey Register 1411(b).
Rewrote the section.