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NEW JERSEY CRIMINAL RECORD RESEARCH
Are you conducting the
proper
criminal record search 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 ways a background investigation company can conduct a
criminal record check in New Jersey. However, there is only one
correct method that meets due diligence standards, and that is a
search of New Jersey State Police
records.
According to New Jersey statutes,
the only method of conducting a full statewide felony and
misdemeanor criminal record search (from 1950 to the present) is
through the New Jersey State Police. No other agency or court has
both felonies and misdemeanors 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 authorized only the
actual employer and New Jersey 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 must conduct a criminal search that is inadequate
by industry standards. Background investigation companies that
conduct an alternate type of criminal search in New Jersey do so
because they cannot conduct the proper research and as a result,
place their client in a precarious position. These companies
conduct a search other than through the New Jersey State Police
because it is in the best interests of the background investigation
company. These vendors are unable to conduct the criminal search
that is 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 or a
PROMIS GAVEL search. Both searches are severely limited. An
individual county criminal record search will only have felony
records that occurred in that county. This search will not develop
misdemeanor 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 only
felony records from each county from the 1990's to the present.
Misdemeanor convictions are not available on this system.
Misdemeanors are crimes that are punishable by up to one year in
jail. 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
and is too limited in scope when compared to the State Police
search, which includes records as far back as the 1950's.
Information is very limited on the 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 their choice of criminal checks they can
conduct. They must conduct
either a 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 for the health care
industry.
TABB INC. is a licensed private investigation
agency in New Jersey. We are conducting 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 companies
can match.
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