NJ Criminal History Records Information

Can I do a check on my friend, neighbor, or relative?

No.   State law governs the dissemination of criminal history record information compiled and maintained by the Division of State Police.

New Jersey Executive Order Number 123 (1985), and its successor, Executive Order Number 69 (1997), both exempt criminal history record information from the category of records automatically available to the public under New Jersey's Right to Know Law, N.J.S.A. 47:1A-1 et seq. Only a federal or state statute, rule, regulation, administration code, or executive order could mandate release of criminal history record information to you. Criminal history record information may only be accessed by an authorized individual or agency for an authorized purpose.

Can I do a record check on a prospective employee (babysitter, gardener)?

Yes.   N.J.A.C. 13:59-1.2(a)2 authorizes the dissemination of criminal history record information to a person or non-governmental entity of this State for the purpose of employment.

My previous employer did a record check; is it necessary to have another done for a new job?

Yes.   Since the results of a record check are dated and may have changed since your last background check, your new employer may require a new check be conducted. This of course is at the discretion of your new employer.

Can an attorney or private detective do a background check?

Yes.   N.J.A.C. 13:59-1.2(a)3 authorizes attorneys licensed by the state of New Jersey to obtain criminal history record information for any contested matters docketed in any State or Federal courts or administrative agencies of this State.

Requests must be by the submission of a subpoena.

Yes. 13:59-1.2(a)4 authorizes private detectives licensed by the Division of State Police pursuant to N.J.S.A. 45:19-8 et seq. for purposes of obtaining information in furtherance of the performance of their statutorily authorized functions, as specifically enumerated by N.J.S.A. 45:19-9(a)1 to 9.

Requests may be submitted utilizing the SBI 212B Form.