Establishes provisions for use of applicant and student criminal history at institution of higher education and degree-granting proprietary institution.

A4888

ASSEMBLY, No. 4888

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 7, 2026

Sponsored by:

Assemblywoman� VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblywoman� LINDA S. CARTER

District 22 (Somerset and Union)

SYNOPSIS

���� Establishes provisions for use of applicant and
student criminal history at institution of higher education and degree-granting
proprietary institution.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning use of criminal history information at
institutions of higher education and degree-granting proprietary institutions and
supplementing Title 18A of the New Jersey Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.� Except as provided
in subsection b. of this section, an application for admission used by any
institution of higher education or degree-granting proprietary institution in
the State shall not have any question related to, or otherwise contain a
request for information about, the criminal history, including the juvenile
criminal history, of a prospective student.

���� b.� Notwithstanding the
provisions of subsection a. of this section, an application may have a question
asking whether an applicant has been convicted of any of the following crimes
specified in the New Jersey Code of Criminal Justice: N.J.S.2C:11-1 et seq.
(Criminal Homicide), except death by auto as specified in N.J.S.2C:11-5 and
strict liability vehicular homicide as specified in section 1 of P.L.2017,
c.165 (C.2C:11-5.3); N.J.S.2C:13-1 (Kidnapping); section 1 of P.L.1993, c.291
(C.2C:13-6) (Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8)
(Human Trafficking); N.J.S.2C:14-2 (Sexual Assault or Aggravated Sexual
Assault); subsection a. of N.J.S.2C:14-3 (Aggravated Criminal Sexual Contact);
if the victim is a minor, subsection b. of N.J.S.2C:14-3 (Criminal Sexual
Contact); if the victim is a minor and the offender is not the parent of the
victim, N.J.S.2C:13-2 (Criminal Restraint) or N.J.S.2C:13-3 (False
Imprisonment); N.J.S.2C:15-1 (Robbery); N.J.S.2C:17-1 (Arson and Related
Offenses); subsection a. of N.J.S.2C:24-4 (Endangering the welfare of a child
by engaging in sexual conduct which would impair or debauch the morals of the
child, or causing the child other harm); paragraph (4) of subsection b. of
N.J.S.2C:24-4 (Photographing or filming a child in a prohibited sexual act or
for portrayal in a sexually suggestive manner); paragraph (3) of subsection b.
of N.J.S.2C:24-4 (Causing or permitting a child to engage in a prohibited
sexual act or the simulation of an act, or to be portrayed in a sexually
suggestive manner); subparagraph (a) of paragraph (5) of subsection b. of
N.J.S.2C:24-4 (Distributing, possessing with intent to distribute or using a
file-sharing program to store items depicting the sexual exploitation or abuse
of a child); subparagraph (b) of paragraph (5) of subsection b. of
N.J.S.2C:24-4 (Possessing or viewing items depicting the sexual exploitation or
abuse of a child); section 8 of P.L.2017, c.141 (C.2C:24-4.1) (Leader of a
child pornography network); N.J.S.2C:28-1 (Perjury); N.J.S.2C:28-2 (False
Swearing); paragraph (4) of subsection b. of N.J.S.2C:34-1 (Knowingly promoting
the prostitution of the actor's child); section 2 of P.L.2002, c.26 (C.2C:38-2)
(Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing
or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological
Devices); and conspiracies or attempts to commit any of these crimes.

���� c.� An institution of higher
education or a degree-granting proprietary institution may deny an applicant
admission on the basis of the applicant�s criminal history only if the
applicant was convicted of an offense enumerated in subsection b. of this section.

���� d.� In the event that an
institution of higher education or degree-granting proprietary institution
denies an applicant admission based on the conviction for any offense
enumerated in subsection b. of this section, the institution shall notify the
applicant, who may appeal the decision to the entity that considers the
institution�s disciplinary matters. �The entity shall consider the following
factors in determining whether the applicant should be admitted:

���� (1)�� the time that has passed
since the occurrence of the criminal conduct;

���� (2)�� the age of the applicant
at the time of the conduct underlying the criminal conviction; and

���� (3)�� any evidence of
rehabilitation or good conduct provided by the applicant.

���� e.� An institution of higher
education or degree-granting proprietary institution shall not deny admission
to an applicant on the basis of a conviction that has been expunged or erased
through executive pardon.

���� f. �An institution of higher
education may consider an applicant�s criminal history if information
pertaining to the history is provided on an application that is designed by a
national application service, tailored for admission to a specific degree
program, and used by institutions of higher education in multiple states.

���� g. �An institution of higher
education or degree-granting proprietary institution may consider an
applicant�s criminal history if that information is voluntarily provided by the
applicant.

���� h. �The provisions of this
section shall not apply to an application for admission to a law school.

���� 2.��� a.� In the event that an
institution of higher education or a degree-granting proprietary institution
accepts an applicant for admission, the institution is authorized to make
inquiries relative to the criminal history of the applicant, not limited to the
offenses enumerated in subsection b. of section 1 of this act, or require the
applicant to provide a copy of the applicant�s criminal history record
background check. �The inquiries may also be made when the institution is
obtaining secondary information including, but not limited to, information
pertaining to immunizations, financial aid, or housing.

���� b.� Inquiries relative to the
criminal history of the applicant or the criminal history record background
check pursuant to subsection a. of this section may be utilized by the
institution for the purposes of:

���� (1)�� offering supportive
counseling services; and

���� (2)�� making decisions
relative to a student's participation in campus life and determining if the
institution will limit such participation, provided that the institution
considers:

���� (a)�� the nature and gravity
of the criminal conduct and whether it bears a direct relationship to a
particular aspect of a student's participation in campus life including, but
not limited to, campus residency and campus activities;

���� (b)�� the time that has passed
since the occurrence of the criminal conduct;

���� (c)�� the age of the student
at the time of the conduct underlying the criminal conviction; and

���� (d)�� any evidence of
rehabilitation or good conduct provided by the student.

���� c.� After a student has been
accepted for admission, an institution of higher education offering an educator
preparation program may consider criminal history if that information is
provided on any professional conduct form developed by the State Board of
Education for use in the teacher certification process. �The purpose of the
consideration shall be limited to the offering of counseling as provided in
paragraph (1) of subsection b. of this section.

���� d.� An institution of higher
education or degree-granting proprietary institution shall not deny
continuation in an academic program designed to prepare a student for a career
that requires an occupational license or a teaching certificate solely on a student�s
criminal history. �The institution shall offer counseling relative to the
licensing or certification requirement in order to assist a student in making
an informed decision about pursuing the program.

���� 3.��� A student may utilize
the �Common Application� developed and administered by the not-for-profit
membership organization, The Common Application, Inc., when applying for
admission to an institution of higher education, excluding law school, or a
degree-granting proprietary institution, that accepts the �Common Application,�
provided that the common application does not have any questions related to, or
otherwise contain a request for information about, the criminal history,
including the juvenile criminal history, of a prospective student except as
provided in subsection b. of section 1 of this act.

���� 4.��� This act shall take
effect immediately and shall first apply to the first full academic year next
following the date of enactment.

STATEMENT

���� This bill establishes
provisions for the use of the criminal history of applicants and students at
institutions of higher education and degree-granting proprietary institutions.

���� Under the bill, institutions
of higher education and degree-granting proprietary institutions are generally
prohibited from using applications for admission that inquire about an
applicant�s criminal history except to include a question on an application
asking whether an applicant has been convicted for certain serious criminal
offenses. �The institution of higher education or degree-granting proprietary
institution has the option to deny an applicant admission based on the
conviction. �Serious criminal offenses enumerated in the bill include criminal
homicide, human trafficking, kidnapping, sexual assault, and aggravated sexual
assault.

���� The bill requires an
institution of higher education and a degree-granting proprietary institution
to notify an applicant if admission is denied due to the applicant�s conviction
of an enumerated serious criminal offense. �The applicant is permitted to
appeal the decision. �The entity determining whether the applicant should be
admitted is required to consider: the time that has passed since the criminal
conviction; the age of the applicant at the time of the conviction; and any
evidence of rehabilitation or good conduct provided by the applicant. �Additionally,
the bill stipulates that an institution of higher education or degree-granting
proprietary institution, as applicable, is permitted to consider an applicant�s
criminal history if the information is provided on an application designed by a
national application service or voluntarily provided.

���� The bill also establishes
provisions for the use of an admitted student�s criminal history by an
institution of higher education or a degree-granting proprietary institution. �After
an applicant is accepted, the institution may make inquiries on the applicant�s
criminal history or require the applicant to complete and provide a copy of the
applicant�s criminal history record background check. �This inquiry is not
limited to criminal history relating to the serious crimes enumerated in the
bill and can be utilized by the institution to: offer supportive counseling
services; make decisions relative to a student�s participation in campus life;
and obtain secondary information relating to immunizations, financial aid, or
housing provided that the institution considers factors outlined in the bill.

���� Under the bill, an institution
of higher education offering an educator preparation program is permitted to
consider criminal history if that information is provided by a professional
conduct form developed by the State Board of Education for use in the teacher
certification process. �This consideration is limited to offering counseling to
the student. �Additionally, the bill prohibits an institution from denying
continuation in an academic program designed to prepare a student for a career
that requires an occupational license or a teaching certificate due to the
student�s criminal history.

���� Finally, the bill permits a
student to utilize the �Common Application� developed and administered by the
not-for-profit membership organization, The Common Application, Inc., provided
that the common application does not have any question related to, or
information requested about, the criminal history of a prospective student
except for an enumerated serious crime.