Volume 6, Edition 10. October 2010
 

This Month’s Challenge is sponsored by:



 
 
 

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.



 

Disclaimer Statement: All information presented is for information purposes only and is not intended to provide professional or legal advise regarding actions to take in any situation. Advertisements are presented for information and marketing purposes only and the National Institute for Prevention of Workplace Violence, Inc. makes no representations for any products or services that are promoted and accepts no responsibility for any actions or consequences that occur as a result of any purchases from advertisers.