Criminal History Record Background Checking:
Step-by-Step Guide for New Jersey Nonprofit
Youth Serving Organizations
These materials were prepared by Pro Bono Partnership for educational purposes only and should not be considered legal advice on any specific matter. For further information, please contact the Pro Bono Partnership at information@probonopartner.org.
Nonprofit youth serving organizations that (1) are exempt from federal income taxes, (2) in good-standing with their annual report filings in New Jersey, and (3) provide recreational, cultural, charitable, social, or other activities or services for persons younger than 18 years of age may request criminal history information on prospective and current employees and volunteers, pursuant to N.J.S.A. 15A:3A-1 to -5.
A copy of this New Jersey law is available at http://www.njleg.state.nj.us/9899/Bills/PL99/432_.pdf.
Generally, the procedure is as follows:
The Registration Packet is available from the New Jersey State Police,
Identification & Information Technology Section, State Bureau of
Investigation (SBI),
Volunteer Review Operation (VRO), at (609) 882-2000 x 2762.
You can receive the Registration Packet by regular mail or fax. It is also available on-line at http://www.state.nj.us/njsp/info/pdf/vro_nonprofit_app.pdf.
Note:
There are two versions of the Registration Packet -- one for use by
churches and governmental organizations and one for all other
nonprofit
organizations. Be sure to complete the appropriate Registration Packet.
The State Police’s website for information on criminal history records checks is at http://www.state.nj.us/njsp/about/serv_chrc.html#vro.
As part of the registration process, the organization must provide the State Police with all three of the following documents:
A copy of the organization’s Short Form of Certificate of Good Standing.
The
organization can obtain a copy of its "Short Form Certificate of Good Standing"
from the New Jersey Division of Revenue by submitting
a written request for the
certificate, along with a check for $25 payable to “Treasurer, State of New
Jersey”, to:
New Jersey Division of Revenue
Certificate and Status Unit
P.O. Box 451
Trenton, NJ 08646
The Short Form Certificate of Good Standing may also be ordered on-line at http://www.state.nj.us/treasury/revenue/standcert.htm.
A copy of the organization’s Determination Letter of Tax Exemption from the IRS.
Submit a copy
of the letter provided by the IRS that states that the organization is a
tax-exempt organization as described in Section
501(c) (3) of the Internal
Revenue Code.
The signed Memorandum of Understanding.
By signing the Memorandum, the organization certifies that it will maintain both its good-standing status as a registered nonprofit with the New Jersey Division of Revenue and its tax-exempt status with the IRS. The responsible officer in the organization must sign this document.
Although not required by the instructions accompanying the Registration Packet, consider including an estimate of how may background check requests the organization anticipates it will be making in the next 6 to 12 months, because the State Police will be providing the organization with state and federal fingerprint cards.
New Jersey Division of State Police
Attn: Criminal Information Unit, VRO
P.O. Box 7068
West Trenton, NJ 08628-0068
The State Police will assign the nonprofit organization a specific 6-digit registration identification number -- the “VRN#”. Note: As of March 2008, the nonprofit organization is no longer required to assign four-digit numbers to its volunteers and employees in order to obtain background checks from the State Police.
The State Police will send the organization detailed instructions for completing criminal history record background checks. Note: As of March 2008, the State Police will no longer send fingerprint cards to the Organization -- cards are no longer used.
·
The
organization must give the employee/volunteer a specific form to file out in
order to get fingerprinted. That form MUST be used. The person being
fingerprinted needs to carefully review the instructions on the form.
The organization must insert its VRN# (see above) in Block No. 7 on the form. There are two different forms:
· For employees: http://www.state.nj.us/njsp/info/pdf/032608_uiversform_yso.pdf
· For volunteers: http://www.state.nj.us/njsp/info/pdf/032608_uiversform_ysb.pdf· The vendor, Sagem Morpho, has approximately 20 locations in New Jersey at which fingerprinting can be done: https://www.bioapplicant.com/nj/Locations.aspx. An appointment MUST be scheduled in advance of showing up to be fingerprinted.
· Once
fingerprinted, the vendor will give the employee/volunteer a Process Control
Number (PCN). The PCN will be needed in order to make inquiries
to the State Police regarding
the background check. The organization should request a copy of the PCN from
the employee/applicant.
· The person being fingerprinted must pay the mandated fee for fingerprinting, which as of April 2008, is
· $60.25 per employee
· $26.25 per employee
Although not required by law, the organization is free to reimburse the employee/volunteer for the fee paid.
The State Police review the identity and criminal history of the individual to see if the individual has been convicted of one of the crimes or disorderly persons offenses that are identified in New Jersey law as potentially disqualifying crimes or offenses for volunteer service or employment with youth serving organizations.
Note: The record check is accurate only as of the day the check is conducted by the State Police. The individual may be convicted of a potentially disqualifying crime or offense in the future, and the State Police will not inform the requesting organization of this occurrence unless a subsequent records check is requested.
If no conviction of a potentially disqualifying crime or offense is discovered, the State Police will send the requesting organization a notice advising that no potentially-disqualifying convictions were found.
If a conviction of any potentially disqualifying crimes or offenses is discovered, the State Police will send the requesting organization a notice advising that a potentially-disqualifying conviction was found and that the organization may choose not to utilize the services of the individual.
The ultimate decision to utilize the services of the employee/volunteer is made by the organization. (See further discussion below.)
This card should be given to the individual because it shows that the State Police has reviewed the individual’s criminal history. The individual can take this card to another nonprofit to prove that a criminal history review had been previously conducted on that individual by the State Police.
The card does not reveal the result of the criminal history check. The card merely demonstrates that the State Police had previously conducted such a check.
Remember, the record check is accurate only as of the day the check was conducted by the State Police.
Deciding whether to utilize the services of an employee/volunteer who has a potentially disqualifying conviction should be done with care. A decision should be made only after there has been an evaluation of whether the prior conviction is relevant to the position/job duties of the individual.
The individual may request a copy of his/her criminal history record directly from the State Police in order to prove to the organization what the conviction was for or, if the individual believes that the record-check result is incorrect, to try to get the State Police or FBI to correct its records.
The organization may choose to discuss the State Police’s notification directly with the employee/volunteer, and ask the individual what the conviction was for. The organization should verify the individual’s explanation prior to making a decision. This can be facilitated by the individual requesting a copy of his or her own criminal history record directly from the State Police and voluntarily sharing that copy with the organization.
In some cases, the conviction may have occurred so long ago, or been so minor, that the organization may determine that the conviction is not relevant to the services that the employee/volunteer will perform for the organization. In such a case, the organization should carefully document that the organization conducted an investigation, including speaking with the employee/volunteer about the past conviction and confirming the individual’s explanation. The documentation should include a narration of the basis for the organization’s determination to utilize or continue to utilize the services of the individual.
IMPORTANT: The organization may not share the results of the criminal history records check with anyone other than employees at the nonprofit with a "need to know". This would include only those people making the determination whether or not to let the individual work, or retain the individual if already working. The results of criminal background checks, including any communications from the State Police about an individual, are considered confidential information. Once received, the information on the individual should be maintained in a confidential file, with limited access.
For additional information on screening employees/volunteers, see Screening Prospective Staff is Sound Risk Management and Checking Criminal Histories: Considerations Before You Begin, published by the Nonprofit Risk Management Center.
For further information, please contact the New Jersey office of the Pro Bono Partnership at (973) 968-7043.
Last updated: April 2008
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