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Correct!
ANSWER: D. NJ
law does not classify offenses and misdemeanors and
felonies, but rather "indictable" and "non-indictable"
offenses. Under
New Jersey law there is no right to indictment for offenses
with a
maximum penalty of six months or less. As such, while a
non-indictable
offense can be reported it cannot be reported as a criminal
conviction.
In addition, a non-indictable offense cannot be used by
an end-user to
disqualify an applicant. As such, they are not considered
"crimes"
and employers cannot use them in making employment decisions.
CRAs
should consider whether they report only "criminal"
history/information
(namely those offenses that rise to the level of crimes)
or all offenses.
Are
there prohibitions on CRAs reporting criminal offense records
in New
Jersey?
A)
none other than abiding by the FCRA
B)
yes; a CRA can only report indictable offenses
C)
yes; a CRA can only report felonies
D)
no; there are no restrictions on what a CRA can report under
NJ law,
however, non-indictable offenses cannot be reported as a
conviction.
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