NEW JERSEY CRIMINAL RECORD RESEARCH


Are you conducting the proper criminal record search in New Jersey? Very few background vendors actually conduct the proper criminal research in New Jersey.

Criminal record research is unique in New Jersey. To our knowledge, there is no other state with similar circumstances and potential liabilities. We believe the most important aspect of the pre-employment background process is conducting the proper statewide criminal record search. There are several methods background investigation companies use to conduct a criminal record check in New Jersey. However, there is only one correct method that meets due diligence standards. The correct criminal search must involve a search of New Jersey State Police records.

New Jersey no longer uses the terms felony and misdemeanor. Instead, the judicial system in New Jersey uses the terms indictable and non-indictable. According to New Jersey statutes, the only method of conducting a full statewide search for indictable and non-indictable offenses (from 1950 to the present) is through the New Jersey State Police. No other database, agency or court will have these records on a statewide basis. Any criminal search by a background investigation company that is not conducted through the State Police in New Jersey is inadequate, incomplete and will result in hiring candidates who have a criminal record without the knowledge of the employer. New Jersey statutes have only authorized licensed private detectives to conduct a criminal record search through the State Police for employment purposes. If a background investigation company is not licensed in New Jersey, they cannot conduct a search through the State Police and they must use an alternative method of research that is inadequate by industry standards. Background investigation companies that conduct alternative research in New Jersey do so because they cannot conduct the proper research and as a result, place their client in a precarious position. These vendors conduct a search other than through the New Jersey State Police because it is in their best interests and not in the best interests of the client.



Two methods available to conduct a criminal record search, other than through the New Jersey State Police, include individual county criminal record research at the Superior Court or a PROMIS GAVEL search. Both searches are severely limited. An individual county criminal record search will only have records of indictable offenses that occurred in that county. This search will not develop non-indictable convictions or convictions that occurred in another county. Recently, the Superior Court administration in New Jersey released the court database of all twenty-one counties in a format available to the public for the purpose of conducting criminal record checks. This court system is called PROMIS GAVEL and consists of indictable records from each county from the 1990's to the present. Non-indictable convictions are not available on this system. Non-indictable charges can involve relatively serious matters than can result in a term of up to one year in jail in some cases. PROMIS GAVEL was designed for court use to track criminal cases and was not designed for the purpose of conducting criminal checks for employment purposes. As a result, the PROMIS GAVEL system has limit resources when conducting a criminal check. PROMIS GAVEL is a name search only under the exact spelling of the applicant's first and last name and cannot be cross-referenced or researched with a Social Security number to develop any other possible spellings of the name, aliases or maiden names as can be done through the New Jersey State Police to identify an applicant with a possible record. Additionally, a criminal conviction occurring before 1990 will not be found on the PROMIS GAVEL system. Information is very limited on PROMIS GAVEL and when a criminal record is found, additionally research must be conducted through the Superior Court to obtain the criminal charges and final disposition of the case.



Due to the statutes in New Jersey, background investigation companies located outside of New Jersey are limited in the choice of criminal checks they can conduct.Either they must conduct an individual county criminal record search or they must use the PROMIS GAVEL system since statutes prevent them from conducting a search through the State Police. Overall, a county criminal record search and the PROMIS GAVEL search have many serious limitations. Any employer relying on this type of criminal record search should be aware that an applicant could very well have a criminal record even though a county search or the PROMIS GAVEL did not develop a record on the applicant. These criminal record checks do not meet due diligence standards.


Ask your vendor if they conduct criminal research through the New Jersey State Police. Most likely, they do not utilize this method. TABB INC. is a licensed private investigation agency in New Jersey. We will insure that the proper criminal record search is conducted in New Jersey and in every other state. Our office conducts over 3,000 statewide criminal record checks each month through the New Jersey State Police. Our volume allows TABB INC. to receive priority service. By utilizing, TABB INC., our clients receive the benefit of conducting the correct criminal record research in New Jersey that few background investigation vendors can match.


The following is a brief outline describing the levels of crimes and offenses in New Jersey.

  • New Jersey no longer uses the terms felony and misdemeanor. Instead, the terms indictable and non-indictable are used.
  • NJSA 2C: 43-1(a) - Crimes defined by this code are classified into 4 degrees:
(1) Crimes of the first degree

(2) Crimes of the second degree

(3) Crimes of the third degree

(4) Crimes of the forth degree


Sentencing - NJSA 2C 43-6(a) - Except as otherwise provided, a person convicted of a crime may be sentenced as follows:


Superior Court- Four Levels and the potential confinement upon conviction


(1) First degree 10 - 20 years

(2) Second degree 5 - 10 years

(3) Third degree 3 - 5 years

(4) Forth degree Not to exceed 18 months


Municipal Court- Two Levels


Disorderly Persons Offense - Is not a crime in New Jersey. Charges at this level are an offense that is subject to punishment of up to a year in jail.


Petty Disorderly Persons Offense - Is not a crime in New Jersey. This level is an offense that is not subject to a term in jail upon conviction.


A TABB INC. representative is available to discuss the criminal record research process in New Jersey and in any other state.