As used in this article, the following terms
shall have the meanings indicated:
CRIMINAL HISTORY RECORD BACKGROUND CHECK
A determination of whether a person has a criminal record
by cross-referencing that person’s name and fingerprints with
those on file with the Federal Bureau of Investigation, Identification
Division, and the State Bureau of Identification in the Division of
State Police.
DEPARTMENT
The Borough of Old Tappan Police Department.
NONPROFIT YOUTH-SERVING ORGANIZATION or ORGANIZATION
A corporation, association or other organization established
pursuant to Title 15 or 15A of the New Jersey Statutes, or other law
of this state, but excluding public and nonpublic schools, and which
provides recreational, cultural, charitable, social or other activities
or services for persons younger than 18 years of age, and is exempt
from federal income taxes.
A person may be disqualified from serving as
an employee or volunteer of a nonprofit youth-serving organization
if that person’s criminal history record background check reveals
a record of conviction of any of the following crimes and offenses:
A. In New Jersey, any crime or disorderly persons offense:
(1) Involving danger to the person, meaning those crimes
and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq.,
N.J.S.A. 2C:12-1 et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1
et seq., or N.J.S.A. 2C:15-1 et seq.
(2) Against the family, children or incompetents, meaning
those crimes and disorderly persons offenses set forth in N.J.S.A.
2C:14-1 et seq.
(3) Involving theft as set forth in Chapter 20 of Title
2C of the New Jersey Statutes.
(4) Involving any controlled dangerous substance or controlled
substance analog as set forth in Chapter 35 of Title 2C of the New
Jersey Statutes, except Paragraph (1) of Subsection a. of N.J.S.A.
2C:35-10.
B. In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in Subsection
A of this section.
If this criminal history record may disqualify
an applicant for any purpose, the person making the determination
shall provide the applicant with an opportunity to complete and challenge
the accuracy of the information contained in the criminal history
record. The applicant shall be afforded a reasonable period of time
to correct and complete this record. A person is not presumed guilty
of any charges or arrests for which there are no final dispositions
indicated on the record.