N.J. Admin. Code § 10A:71-9.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10A:71-9.3 - Eligibility

(a) A certificate may be issued by the Board pursuant to 2A:168A-7 in regard to a qualified offender who is, or had previously been, under supervision by the Board if the Board determines pursuant to 2A:168A-8(b) that:

1. The applicant is convicted of a second, third or fourth degree offense and is eligible for relief as defined in (b) below;

2. The applicant has not been convicted of a crime since the conviction for which he or she is under supervision, has no pending criminal charge, and there is no information presented that such a charge is imminent;

3. Issuing the certificate will not pose a substantial risk to public safety; and

4. Issuing the certificate will assist in the successful reintegration of the offender and is consistent with the public interest.

(b) Pursuant to 2A:168A-8(c), a qualified offender is eligible for relief under (a) above if the offender has not been convicted of:

1. A first degree crime;

2. An offense to which 2C:43-7.2 applies;

3. A second degree offense defined in Chapters 13, 14, 15, 16, 24, 27, 30, 33 or 38 of Title 2C of the New Jersey Statutes;

4. A violation of N.J.S.A. 2C:24-4a. or N.J.S.A. 2C:24-4b.(4);

5. A crime requiring registration pursuant to 2C:7-2;

6. A crime committed against a public entity or against a public officer;

7. A crime enumerated in 43:1-3.1, committed by a public employee, which involves or touches upon the employee's office, position or employment, such that the crime was related directly to the person's performance in, or circumstances flowing from, the specific public office or employment held by the person;

8. Any crime committed against a person 16 years of age or younger, or a disabled or handicapped person; or

9. A conspiracy or attempt to commit any of the crimes described in this subsection.

(c) The Board may issue a certificate in regard to a qualified offender, when three years have passed since the applicant has completed the parole supervision portion of his or her sentence and the Board determines pursuant to 2A:168A-8(d) that:

1. The applicant is eligible for relief as defined in (d) below;

2. Issuing the certificate does not pose a substantial risk to public safety; and

3. Issuing the certificate will assist in the successful reintegration of the offender and is consistent with the public interest.

(d) Pursuant to 2A:168A-8(e), a qualified offender is eligible for relief under (c) above if he or she has remained without criminal involvement since his or her conviction, including that he or she has not subsequently been convicted of a crime, has no pending charges for any crime and there is no information presented that such a charge is imminent; and is applying for relief from a conviction other than:

1. A first degree crime;

2. Any of the offenses to which 2C:43-7.2 applies;

3. A violation of N.J.S.A. 2C:24-4a. or N.J.S.A. 2C:24-4b.(4);

4. A crime requiring registration pursuant to 2C:7-2;

5. A crime enumerated in 43:1-3.1, committed by a public employee, which involves or touches upon the employee's office, position or employment, such that the crime was related directly to the person's performance in, or circumstances flowing from, the specific public office or employment held by the person;

6. A crime committed against a person 16 years of age or younger, or a disabled or handicapped person; or

7. A conspiracy or attempt to commit any offense described in this subsection.

(e) The certificate issued pursuant to (a) or (c) above may suspend disabilities, forfeitures and bars generally within the limits of 2A:168A-7 et seq., or only certain disabilities, forfeitures and bars specifically named in the certificate document issued by the Board.

N.J. Admin. Code § 10A:71-9.3

Amended by R.2010 d.274, effective 12/6/2010.
See: 42 N.J.R. 1296(a), 42 N.J.R. 2960(a).
In the introductory paragraph of (d), deleted a comma following the second occurrence of "crime"; and in (d)5, updated the N.J.S.A. reference.