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Bill

A 4888

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

2026-2027 Regular Session Introduced by Linda Carter and 1 co-sponsor

NJ bans most criminal history questions on admission apps, allows denial only for enumerated serious offenses, and emphasizes counseling and rehabilitation after admission.

Introduced, Referred to Assembly Higher Education Committee
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Bill Summary · A 4888

Purpose and intent

  • Establishes rules for how applicant and student criminal history may be used by New Jersey institutions of higher education (IHEs) and degree-granting proprietary institutions.
  • Aims to limit what an admission application asks about criminal history, while allowing narrowly targeted exceptions for certain serious offenses.
  • Provides procedures for notifying applicants denied admission and for appealing decisions.
  • Allows targeted consideration of criminal history after admission for counseling, campus life participation, and related administrative needs, with safeguards and factoring guidelines.
  • Includes special provisions for educator preparation programs and for use of the Common Application.

Key provisions and changes

  • Admission applications

    • Generally prohibits IHEs and degree-granting proprietary institutions from including questions about an applicant’s criminal history on admission applications.
    • Exception: an application may ask whether the applicant has been convicted of specific enumerated crimes (listed in subsection b), which include serious offenses such as criminal homicide, kidnapping, human trafficking, sexual offenses, robbery, arson, certain child-endangering acts, terrorism offenses, perjury, and related conspiracies or attempts.
    • Institutions may deny admission only if the applicant has been convicted of one of the enumerated offenses.
    • If admission is denied based on such a conviction, the institution must notify the applicant and the applicant may appeal. The appeal body must weigh:
    • Time since the conduct
    • The applicant’s age at the time of the conduct
    • Evidence of rehabilitation or good conduct
    • Convictions that have been expunged, erased through executive pardon, or similar cleared records may not be used to deny admission.
    • Institutions may consider criminal history if information is provided on a national application service or if the applicant voluntarily provides the information.
    • The provision does not apply to law school admissions.

  • Post-admission use and inquires

    • If an institution accepts an applicant, it may inquire about the applicant’s criminal history or request a copy of a criminal history background check. This may extend to other secondary information (immunizations, financial aid, housing).
    • Use of criminal history information post-admission may serve:
    • Offering supportive counseling services
    • Making decisions about a student’s participation in campus life and potential limits on participation
    • When evaluating post-admission criminal history, institutions must consider:
    • The nature and gravity of the conduct and its direct relation to campus life (e.g., housing, activities)
    • Time elapsed since the conduct
    • The student’s age at the time of the conduct
    • Evidence of rehabilitation or good conduct
    • For educator preparation programs, after admission, criminal history information may be considered if provided on a professional conduct form used for teacher certification, solely for counseling purposes.
    • An institution shall not deny continuation in programs that lead to licensure or teaching certificates solely on the basis of a criminal history; counseling must be offered to assist in deciding whether to pursue such programs.

  • Common Application

    • Students may use The Common Application (Common App) when applying to eligible IHEs or degree-granting proprietary institutions, provided the application does not ask about criminal history (except as allowed in the enumerated-law section 1(b)).

  • Effective date

    • Effective immediately and first applies to the first full academic year following enactment.

Who is affected

  • Prospective students applying to New Jersey IHEs and degree-granting proprietary institutions (except law schools).
  • Institutions of higher education and degree-granting proprietary institutions in New Jersey.
  • Institutions offering educator preparation programs (teacher certification) and related counseling processes.
  • Applicants using national application services or the Common Application to New Jersey institutions.

Procedural and timeline considerations

  • Implementation takes effect immediately; first application of the provisions applies to the first full academic year after enactment.
  • Institutions must provide notice and allow appeals if admission is denied due to enumerated offenses.
  • Appeals are handled by the entity that reviews disciplinary matters at the institution (or a designated body).
  • Post-admission inquiries and background checks may occur after admission, following the guidelines for counseling and participation in campus life.
  • Law school admissions are explicitly excluded from these provisions.

Potential impacts and considerations

  • Reduces the risk of non-consensual or overly broad criminal-history questions influencing admissions.
  • Creates a transparent process for denying admission on the basis of enumerated offenses with opportunities to appeal and to demonstrate rehabilitation.
  • Encourages supportive counseling rather than exclusion in many cases, particularly where time, age, and rehabilitation are favorable factors.
  • Balances public safety concerns with access to higher education by limiting post-admission penalties and emphasizing counseling and informed decision-making.
  • May affect how admissions offices handle background checks and how campuses manage housing, immunizations, and student life for those with past offenses.

Sponsors: Co-sponsors Linda Carter and Verlina Reynolds-Jackson. Introduced and referred to Assembly Higher Education Committee on 2026-05-07.

Compiled from official sources — confirm details with the bill’s official record.

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