New Jersey § 9:3-40
Full text of New Jersey New Jersey Statutes § 9:3-40, with citation guidance and answers to common questions.
§ 9:3-40.
a. An approved agency that has received an employment application from an individual,
or currently employs a staff member, shall be immune from liability for acting upon
or disclosing information about the disqualification or termination of that applicant
or staff member to another agency seeking to employ that staff member if the agency
has: (1) received notice from the department, that the applicant or staff member has been
determined by the department to be disqualified from employment pursuant to this act;
or (2) terminated the employment of a staff member because the staff member was disqualified
from employment on the basis of a conviction of a crime or disorderly persons offense
pursuant to section 4 of this act after commencing employment at the agency. b. An approved agency that acts upon or discloses information pursuant to subsection
a. of this section shall be presumed to be acting in good faith unless it is shown
by clear and convincing evidence that the agency acted with actual malice toward the
staff member who is the subject of the information.
Frequently Asked Questions About New Jersey § 9:3-40
What does New Jersey Statutes § 9:3-40 cover?
Section 9:3-40 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 9:3-40?
A common citation format is "New Jersey Statutes § 9:3-40" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 9:3-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.