N.J. Admin. Code § 13:1-10.3

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

Section 13:1-10.3 - Standards for background investigation

(a) The law enforcement unit to which an applicant is making application for a probationary or temporary appointment or permanent appointment shall conduct a background investigation which, at a minimum, shall include the following records relating to:

1. Educational background, including transcripts and disciplinary records from high school and any post-high school education, if available;

2. Military service, if applicable;

3. Motor vehicle history in this State and any other state;

4. Employment, including:

i. A review of the current National Decertification Index to determine if the applicant has been decertified as a law enforcement officer or has had their license or certification as a law enforcement officer revoked or denied or otherwise limited or restricted;

ii. A review of Commission adverse license actions and any other records that the Commission maintains;

iii. A review of disciplinary records held by any other law enforcement unit, including Federal and other states, if permissible;

iv. A review of all employment-related information from each of the applicant's current and previous employers, as well as any records that may be held by law enforcement units that rejected an applicant's completed application; and

v. Written communication with each of the applicant's references, including a written reference from each law enforcement unit, which reference shall address whether that employer is aware of any conduct committed by the applicant that could provide a basis for an adverse licensure action, including conduct that was under investigation, even if the investigation was not completed;

5. Fingerprinting of the applicant and conducting a fingerprint-based search of the New Jersey State Police, the Federal Bureau of Investigation, and other relevant databases to determine the existence of any warrants, arrests, or criminal records including, but not limited to:

i. National Crime Information Center (NCIC) to include New Jersey and Interstate Identification Index (III) systems;

ii. New Jersey motor vehicle history and, if necessary, surrounding states;

iii. E-courts, to include Automated Traffic Systems (ATS) and Automated Criminal System (ACS);

iv. Promis Gavel;

v. A check in accordance with the Prison Rape Elimination Act (PREA), 28 CFR 115.317, if applicable;

vi. The Domestic Violence Registry established pursuant to N.J.S.A. 2C:25-34; and

vii. Any other database that may be a successor database to those above or where information obtained during the background check indicates that additional relevant information may be found;

6. Social media search of the applicant to ensure the applicant satisfies the requirements for initial licensure. This search shall include, but is not limited to, the following, whether the applicant has knowingly:

i. Made statements, posts, shared posts, or comments in support of, or that demonstrates, espouses, advocates, or supports public expression of lawlessness or bias or discrimination. The investigator shall preserve a copy of any posts, shared posts, or comments in support of anything violative of this section the investigation files as evidence of licensure unsuitability; or

ii. Outwardly facing social media activity that would otherwise undermine public confidence in law enforcement or in the applicant's ability to carry out the public safety mission in a legal, constitutional, unbiased, and non-discriminatory fashion as delineated at N.J.A.C. 13:1-12.1(e). The investigator shall preserve a copy of any posts, shared posts, or comments in support of anything violative of this section the investigation files as evidence of licensure unsuitability;

7. A verification check of the applicant's certified lack of participation with any foreign terrorist organization, domestic terrorist group, criminal organization, hate group, or a group that advocates for, espouses, or promotes the commission of acts of force and violence, or any other unlawful means, to overthrow a local, state, or Federal government of the United States.

(b) An applicant must be found to not have engaged in any prior conduct or behavior that would provide the grounds for an adverse licensure action.

N.J. Admin. Code § 13:1-10.3

Adopted by 55 N.J.R. 1932(b), effective 9/5/2023

Amended by 56 N.J.R. 2083(c), effective 10/21/2024