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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.
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