In an effort to protect victims of domestic violence, New Jersey created the Domestic Violence Central Registry. The purpose of this registry is to make information on restraining orders and criminal domestic violence convictions easier to access for law enforcement and court personnel throughout the state.
Inclusion on the central registry is automatic for those with a restraining order against them or a domestic violence criminal charge. This can include temporary restraining orders.
Protecting victims of domestic violence is important, but the current DV central registry disadvantages those included in it, even those who have restraining orders dropped. It's difficult to have a name removed from the list, and the registry carries with it the presumption that everyone included is dangerous.
This can be especially troublesome for individuals whose careers require a professional license. While the state limits who can access the central registry, individuals with professional licenses should be aware that a criminal conviction or restraining order – and, by extension, inclusion on the central registry – may affect their employment and license. Each licensing board and employer can set its rules for how it handles restraining orders.
If you've had a restraining order taken out against you or have criminal charges related to domestic violence, you need to be proactive in defending against the charges and protecting your future. The Lento Law Firm Criminal Defense Team works with individuals throughout New Jersey who are on the central registry. Contact us using this form or by calling us at 888-535-3686.
What is The Domestic Violence Central Registry?
The registry is New Jersey's central database for keeping track of individuals who have restraining orders against them, have a domestic violence criminal conviction, or have violated the terms of a restraining order. One of the primary reasons behind the registry is to better protect victims of domestic violence and make information on restraining orders and domestic violence easier for law enforcement and courts to access.
Individuals don't have to have been charged with or convicted of a crime to be included on the registry. Having a restraining order alone is sufficient for inclusion on the registry. This includes temporary restraining orders.
This means that, even if you haven't committed a crime, your name may be included on the central registry. Your name's inclusion on the registry can extend even after a restraining order ends.
One of the key things to know about the registry is that it isn't public. New Jersey limits who can access the registry to law enforcement and court personnel. There's no public website or other access point for the registry.
While the New Jersey Supreme Court and the legislature can make changes, groups that can access the registry don't currently include any of the state's professional licensing boards. This means that, if a professional licensing board is accessing the registry, they are likely doing this in an unauthorized way.
Sex Offender Registry
New Jersey's Domestic Violence Central Registry is different from the sex offender registry. The sex offer registry is required under the federal Sex Offender Registration and Notification Act. In comparison, New Jersey law is the basis for the Domestic Violence Central Registry.
The sex offender registry requires registration and is accessible to the public. This means that anyone can search for a sex offender by name and location.
Types of Restraining Orders Included on the Central Registry
The Domestic Violence Central Registry includes the following types of restraining orders:
- An active temporary restraining order
- An indefinite temporary restraining order
- A final restraining order
- A dismissed temporary or final restraining order
- A temporary or final protective order under the Sexual Assault Survivor's Protection Act
- Restraining orders from other states
- New Jersey has no obligation to inform someone that their name has been added to the state's registry
All of these restraining orders may be included in the Domestic Violence Central Registry. Even after a restraining order is lifted, your name will continue to be on the Domestic Violence Central Registry.
Limitations on Accessing the Central Registry
Agencies and individuals cannot access the central registry whenever they want or for any reason. New Jersey limits accessing central registry records, in whole or in part, for the following reasons:
- As part of an investigation into a report of domestic violence
- When preparing documents related to an adoption
- A background investigation for a firearm permit
- As part of a background check for employment as a police or law enforcement officer
- When the Division of Child Protection and Permanency in the Department of Children and Families is investigating allegations of abuse or neglect involving any adult in a child's household or before a child is placed in foster care or other out-of-home placement
- Any other purpose authorized by the New Jersey Supreme Court or other laws
Those who have permission to access central registry records must make sure these records remain confidential. Sharing any information from the central registry for a purpose beyond those allowed by law may result in being charged with a fourth-degree crime.
If you suspect someone has accessed your records from the central registry for reasons not allowed or in violation of the confidentiality requirements, contact Lento. Such misuse of central registry records is not only illegal, but it can also have serious repercussions on your life, including your professional license.
The DV Central Registry and Employment
The registry's access limitations extend to employment. New Jersey law lists only one type of employment that requires a check against the central registry: police or law enforcement officers. The state does, however, allow the New Jersey Supreme Court to authorize additional uses of the registry.
What this means for both job seekers and employees with professional licenses is that an employer, other than those authorized, cannot do a search of the registry without an applicant or employee's knowledge. This is also true for licensing boards.
Non-law enforcement employers and licensing boards do not have access to the central registry. That does not mean, however, that they cannot inquire about this information or require people to inform a licensing board that they're on the central registry.
Similarly, a professional licensing board may require members to disclose any restraining orders or criminal convictions against them. Each licensing board sets its own requirements for when and if members must inform a board of information that could require disciplinary action.
Central Registry and License Revocation and/or Suspension
Having a restraining order or being on the central registry doesn't mean your license will be automatically suspended or revoked. Individual licensing boards and professions, however, may have reporting requirements for those accused of domestic violence or convicted of a crime.
Licensing boards are currently not generally able to access the central registry. Either applying for a license or renewing a license is also not an approved use of the central registry.
In other words, if a licensing board is using your inclusion on the central registry without your knowledge, they may have access to the registry for unauthorized use. In these situations, you should contact the Lento Law Firm Criminal Defense Team. We can explain your options and help you respond.
Out-of-State Licenses
That you're charged with a crime or have a restraining order against you in a state different from the one in which you're licensed doesn't change any reporting requirements. You'll still need to check with any licensing boards to determine when and if you need to report your inclusion on the New Jersey Central Registry to the board.
Similarly, if you're licensed in New Jersey but have a criminal conviction or restraining order in another state, you must still report those to any and all New Jersey licensing boards just as you would for any conviction or restraining order that happened in New Jersey.
DV Central Registry and Background Checks
Background checks do not include the central registry. What may show up on a background check are criminal convictions, final restraining orders, and violations of restraining orders.
Temporary restraining orders are unique because they generally don't show up on background checks but are included in the central registry. That a temporary restraining order is on the Domestic Violence Central Registry doesn't correspond to whether it will show up on a background check.
Professional license requirements may require, however, that applicants or existing members report information above and beyond what appears on a background check. Medical professionals, for example, are expected to foster trust with the public. Certain allegations may also call into question an individual's ability to practice their profession.
At the same time, individuals shouldn't provide information about their inclusion on the Central Registry. If not required to report a restraining order, individuals shouldn't provide that information as it may unnecessarily hurt their careers.
If you're unsure of when and how you need to report your inclusion on the Domestic Violence Central Registry, contact the Lento Law Firm Criminal Defense Team. We can help you fight criminal charges or convictions and minimize the fallout to your career.
Licensing Boards and Disciplinary Action
Many licensing boards require a certain baseline of behavior from their members. The goal of ethics rules is to avoid conduct that would reflect badly on the profession. While each licensing board sets its own rules, committing a crime often results in disciplinary action.
Example: New Jersey Rules of Professional Conduct
Lawyers admitted to practice in New Jersey must follow the state's rules of professional conduct. These rules have two purposes: to ensure public trust in lawyers, and to hold attorneys to a certain standard of behavior.
In New Jersey, a lawyer commits professional misconduct when:
- They either knowingly violate or attempt to violate the Rules of Professional Conduct
- They commit a crime that reflects negatively on a lawyer's honesty, trustworthiness, or fitness to practice law
Legal authorities have generally found that crimes related to domestic violence are a violation of a lawyer's ethical responsibilities.
Example: Medical Professionals
Medical professionals often work with people who are at their most vulnerable. As a result, ensuring that the public trusts medical professionals is important.
Unfortunately, these well-meaning rules sometimes end with medical professionals facing disciplinary action even when they aren't a threat to patient safety or trust. Defending against a disciplinary action is one reason why it's so important to resolve criminal matters in a timely manner.
In New Jersey, nursing applicants cannot have a state or federal criminal conviction or plea deal. If a nurse has a misdemeanor related to nursing, the board will decide on a case-by-case basis whether to allow the applicant to practice.
A restraining order may also result in disciplinary action. Even though the board of nursing isn't authorized to access the Domestic Violence Central Registry, they may still learn of a restraining order through other avenues. Nurses may also be required to report a restraining order, or a third party may report the existence of a restraining order.
Nurses with felony convictions are ineligible for the multi-state license. Nurses licensed in multiple states may also need to check with each board to find out about reporting requirements.
Protect Your Future
Restraining orders and domestic violence convictions may result in disciplinary action for those with professional licenses. Licensing boards may require members to self-report and face disciplinary action.
This is why it's so important for individuals with professional licenses to work with attorneys who understand the criminal law system and can help minimize the damage. Having a restraining order taken against you or a domestic violence charge doesn't equate to automatic guilt.
Unfortunately, when it comes to domestic violence, the tendency can be to assume guilt even without a conviction. Given that New Jersey doesn't have an end date on final restraining orders, individuals may face limitations even if they've worked to improve and correct previous mistakes.
You worked hard to get a professional license. Don't let inclusion on the Domestic Violence Central Registry affect your career. The Lento Law Firm Criminal Defense Team can help you defend yourself against a restraining order or domestic violence conviction. We work with people throughout New Jersey to defend against charges and protect their careers and their futures. Contact us using this form or by calling us at 888-535-3686.
