New Jersey § 39:2a-32

§ 39:2a-32.

a. The commission shall require the fingerprinting of all prospective employees, employees

of the commission, and employees of the agents of the commission, for purposes of

determining employment eligibility in any title or capacity that is either directly

or indirectly involved in the issuance or processing of driver's licenses, permits,

business licenses, identification cards, driving records, or vehicle registrations

and titles, and of all independent contractors and their employees who work on a motor

vehicle premises or have access to motor vehicle records or documents. The commission is hereby authorized to exchange fingerprint data with, and receive

criminal history record information from, the Federal Bureau of Investigation and

the Division of State Police, consistent with the provisions of Pub.L.92-544 , for use in determining employment eligibility. b. The commission may, as deemed necessary by the commission, receive the results

of periodic follow-ups of criminal history record checks of all employees of the commission

and employees of its agents, for purposes of determining continuing employment eligibility

in any title or capacity that is either directly or indirectly involved in the issuance

or processing of driver's licenses, identification cards, driving records, or vehicle

registrations and titles. c. If the information from the criminal history record background check discloses

that a prospective or current employee has a record of criminal history, the commission

shall review the information with respect to the type and date of the criminal offense

to determine if the person is qualified for employment with the commission. Criminal offenses which shall disqualify an individual from employment include,

but are not limited to, any crime or offense, whether committed in New Jersey or in

another jurisdiction, which in New Jersey would constitute murder, assault with intent

to murder, espionage, treason, rape, kidnaping, unlawful possession of an explosive

or weapon, extortion, armed robbery, distribution of or intent to distribute a controlled

substance, possession of a controlled substance, willful destruction of property,

burglary, theft, fraud, forgery, terrorism, solicitation of money or resources for

a terrorist organization and aggravated assault. d. Notwithstanding the provisions of subsection b. or c. of this section, an individual

shall not be disqualified from employment or service under this act on the basis of

any conviction disclosed by a criminal record check performed pursuant to this act

without an opportunity to challenge the accuracy of the disqualifying criminal history

record. e. An individual who has been disqualified under the provisions of this act shall

be entitled to reapply for the position if the disqualifying conviction is reversed. f. Notwithstanding the provisions of subsection b. or c. of this section, an individual

shall not be disqualified from employment or service on the basis of any conviction

disclosed by a criminal history record background check performed pursuant to this

act if the individual has affirmatively demonstrated to the administrator, clear and

convincing evidence of the individual's rehabilitation. In determining whether an individual has affirmatively demonstrated rehabilitation,

the following factors shall be considered: (1) the nature and responsibility of the position which the applicant would hold,

has held or currently holds, as the case may be; (2) the nature and seriousness of the offense; (3) the circumstances under which the offense occurred; (4) the date of the offense; (5) the age of the applicant when the offense was committed; (6) whether the offense was an isolated or repeated incident; (7) any social conditions which may have contributed to the offense; and (8) any evidence of rehabilitation, including good conduct in prison or in the community,

counseling or psychiatric treatment received, acquisition of additional academic or

vocational schooling, successful participation in correctional work-release programs,

or the recommendation of those who have had the applicant under their supervision.