Bill > A3881

This bill establishes a process for individuals with substance use disorders who have prior criminal convictions to obtain a certificate of rehabilitation, which can help remove certain legal barriers. To be eligible, an individual must have a diagnosed substance use disorder, have one or more convictions under Title 2C of the New Jersey Statutes (the state's criminal code), have abstained from drugs and alcohol for at least five years, have no convictions in the past three years, and demonstrate rehabilitation through clear and convincing evidence, including being found in remission and stable in recovery by a certified addiction professional. This certificate, which can be issued after sentencing or by the State Parole Board, supersedes laws to the contrary and can lift disabilities and forfeitures related to past convictions, thereby removing bars to employment or professional licensure, except where federal law or specific exceptions apply. Employers generally cannot deny employment based on a prior conviction if the applicant has this certificate, unless there's a direct relationship between the crime and the job, and less than 10 years have passed since the most recent conviction (excluding minor offenses). The certificate is considered presumptive evidence of rehabilitation but does not prevent other bodies from making decisions based on grounds other than the conviction itself. However, the certificate cannot be issued to individuals convicted of certain serious violent crimes, including murder, aggravated sexual assault, and terrorism.