N.J.S.A. 11A:4-11 Removal on criminal record
Upon the request of an appointing authority, the commission may remove an eligible with a criminal record from a list when the criminal record include… Amended 1 time since 1986.
In plain language
Removal from a list because of a criminal record is not automatic. It happens on the appointing authority's request, the Commission decides, and the conviction has to adversely relate to the employment sought. Five factors may be weighed: how serious the crime was, the circumstances, when it happened and how old the person was, whether it was an isolated event, and evidence of rehabilitation. A pardon or an expungement presented to the appointing authority prohibits rejection on the basis of that conviction, but there is an exception large enough to swallow the rule for many readers of this page: it does not apply to law enforcement, firefighter or correction officer titles, or to other titles the Commission determines. For those titles a pardon or expungement does not bar rejection.
Written by the NJ Civil Service Navigator editorial team from the text of this section. The statute itself is below, unabridged.
Current through the close of the 221st Legislature (L. 2025, c. 346). What that means
Enacted by L. 1986, c. 112, effective September 25, 1986. Last amended by L. 2008, c. 29, effective June 30, 2008.
A New Jersey statute changes only when the Legislature amends it, so a section untouched since its last amendment is settled rather than out of date.
Reviewed as of July 28, 2026. Official text: njleg.state.nj.us.
Upon the request of an appointing authority, the commission may remove an eligible with a criminal record from a list when the criminal record includes a conviction for a crime which adversely relates to the employment sought. The following factors may be considered in such determination:
a.Nature and seriousness of the crime;#
b.Circumstances under which the crime occurred;#
c.Date of the crime and age of the eligible when the crime was committed;#
d.Whether the crime was an isolated event; and#
e.Evidence of rehabilitation. The presentation to an appointing authority of a pardon or expungement shall prohibit an appointing authority from rejecting an eligible based on such criminal conviction, except for law enforcement, fire fighter or correction officer and other titles as determined by the commission.#
Legislative history
Session laws, newest first
- L. 2008, c. 29, section 38Amended
effective June 30, 2008 - L. 1986, c. 112Enacted
effective September 25, 1986
How this section has been applied
2 reported decisions cite this section. Citations only: the summaries in the source are the publisher's own writing, and where we describe a case we write it from the decision itself.
Appellate Division 2
- In re Carluccio426 N.J. Super. 15, 42 A.3d 918, 2012 N.J. Super. LEXIS 109
- Tharpe v. Newark Police Dep't261 N.J. Super. 401, 619 A.2d 228, 1992 N.J. Super. LEXIS 463
Effective-date provisions
Quoted from the session laws themselves.
- Section 120 of L. 2008, c. 29 provides: “This act shall take effect immediately and any actions necessary to implement this act may be taken any time thereafter. General implementation shall be completed no later than 12 months following enactment.” Chapter 29, L. 2008, was approved on June 30, 2008.