CNA Certification and Prior Conviction of Crimes in New Jersey

Marie Phillips v.  New Jersey Department of Health and Senior Services. Decided May 31, 2016.

Issue: Being honest and direct on your professional license application or renewal with the New Jersey license renewal website.  Know what the requirements are to get a specific license given a prior criminal history as well.

Submitted by Nursing License Defense Attorney, Jeffrey Hark.

In this case marie Phillips applied for a CNA certification in on July 7, 2014. The application asked if she had been convicted of certain types of crimes or offenses. Ms. Phillips answered “No” on the application.  In the location on the application where this question is asked, there is clear language that says “criminal history information as per minute unless expunged or sealed by judicial order “if applicant answer is yes she has ever been convicted of any of the list of crimes are offenses she would be disqualified from certification for at least two years”. Ms. Phillips received a notice of disqualification of her CNA certification based on the false information in her application.

She received a notice explain she can request a hearing before and administrative law judge to contest the accuracy of our criminal history however she cannot as the administrative law judge to review rehabilitation materials concerning whether or not she had a criminal conviction pursuant to the administrative code section.  The Appelate can’t send a letter requesting additional time to reflect that she had filed paperwork to have the criminal conviction expunged. The department denied her extension of time.

In order to become a CNA in New Jersey, the applicant must complete a sworn criminal background investigation.  Pursuant to New Jersey law and applicant is disqualified from becoming a CNA, among other licensee, if they have been convicted of any crime a disorderly really pursuant to New Jersey law and applicant is disqualified from becoming a CNA, among other licensee, if they have been convicted of any crime a disorderly persons offense against family children are incompetents.

In addition the administrative code bars/disqualifies an applicant who submits a false or sworn statement from receiving a certification as a nurses aid among others. See N.J.S.A. 26:2H-84(d) and NJAC 8:43I-2.8(a).

In this case the Appellate Division review the criminal history which revealed Miss Phillips for you if you do endangering the welfare of a child in 2001.  This is contrary to her certification which says she had never been convicted of any disqualifying offense or crimes including those against the family children or incompetents.

Accordingly the record supports that this applicant was disqualified from a CNA certification before is because of her conviction and her false statement on the application. The Appellate Division did not intend to overturn the board’s decision because it found it was not arbitrary capricious or unreasonable and in fact was supported by the a fair reading of all the  facts in the record.