New Jersey Court Records
Table of Contents
Courts play a significant role in the New Jersey legal system, often serving as the most visible part of it. Every year, approximately seven million new cases are filed in New Jersey's courts. The state has a variety of courts that handle different types of legal matters. These include the New Jersey supreme court, the appellate division of superior court, the superior court, tax court, surrogate's courts, and municipal courts. Each of these courts serves a specific purpose, ensuring that justice is upheld across different areas of the law.
The New Jersey Supreme Court is the highest judicial authority in the state, primarily reviewing cases from the appellate division of the superior court. Its focus is on addressing significant constitutional questions and legal issues that shape state law. The appellate division of the superior court serves as the intermediate appellate court, ensuring that any legal errors from trial courts are corrected and that justice is upheld.
Beneath these appellate courts, the superior court functions as the primary trial court with broad jurisdiction over both civil and criminal cases. The tax court in New Jersey has jurisdiction over tax matters relating to state agencies, county boards of taxation, state officials, or government officials.
In cases dealing with uncontested probate matters, surrogate courts in the state provide administrative oversight, admitting wills to probate, appointing estate administrators, and assigning guardians for minors. In local jurisdictions, municipal courts handle lower-level criminal cases, including traffic violations, municipal ordinance infractions, and disorderly person offenses.
What Are the Types of Court Records In New Jersey?
Documents of cases filed motions, opinions, transcripts, administrative activities, and judgments of proceedings in New Jersey courts make up court records. Records generated in each court in the New Jersey court system are maintained by the clerk in that court. Per state law, the clerk in each court in the state is the official custodian of the record of that court.
The following are examples of records maintained by each court in the New Jersey court system:
- Supreme Court of New Jersey
- Case Opinions and Decisions: Final rulings and opinions on cases heard by the Supreme Court.
- Dockets: Summaries of case activities and proceedings.
- Administrative Records: Records related to court management, judicial conduct, and rule-making.
- Attorney Discipline Records: Decisions and reports on attorney discipline matters.
- Appellate Division of the Superior Court
- Appellate Opinions: Written decisions on appeals from lower court decisions.
- Case Files: Records of motions, briefs, trial transcripts, and appellate court orders.
- Dockets: Chronological summaries of appellate case proceedings.
- Superior Court: The Superior Court has three divisions, each maintaining specific records:
- Civil Division
- Civil Case Records: Includes complaints, responses, motions, and judgments for civil matters such as personal injury, contract disputes, and property claims.
- Judgments and Orders: Official court rulings and decisions.
- Dockets: Case activity summaries.
- Case Management Records: Scheduling orders, trial calendars, and hearing notices.
- Criminal Division
- Criminal Case Files: Documents related to indictments, pleas, trials, and sentencing.
- Pre-Sentence Reports: Evaluations prepared for judges before sentencing.
- Probation Records: Information on probation orders and supervision reports.
- Judgments of Conviction: Formal sentencing documents.
- Family Division
- Divorce and Custody Records: Case filings related to divorce, child custody, and support.
- Adoption Records: Confidential records of adoption proceedings.
- Domestic Violence Records: Restraining orders and related case documents.
- Juvenile Delinquency Records: Proceedings and rulings related to juveniles accused of crimes.
- Tax Court
- Tax Appeal Records: Petitions, complaints, and decisions related to tax assessments and disputes.
- Case Transcripts are written records of court proceedings and testimonies.
- Judgments and Rulings: Final decisions on tax disputes.
- Municipal Courts
- Traffic Violation Records: Tickets, court summons, and payment records for traffic offenses.
- Minor Criminal Records: Disorderly persons offenses and petty disorderly offenses.
- Ordinance Violation Records: Cases involving violations of local municipal ordinances.
- Dockets and Disposition Records: Documentation of case outcomes and fines imposed.
- Surrogate's Court
- Probate Records: Wills, estate inventories, and letters of administration.
- Guardianship Records: Court orders for guardianship of minors or incapacitated adults.
- Adoption Records: Confidential case files related to adoption proceedings.
- Estate Dispute Records: Documentation of contested wills and estate claims.
Are New Jersey Court Records Public?
Court records are public in New Jersey under the provisions of Rule 1:38 of the New Jersey Rules of Court. This rule ensures the transparency of the judicial system in the state by making access to the records of court in the judicial system public. However, there are exceptions to this rule, as some records are restricted from public access. Exemption from public disclosure for a court record may be made following federal statute, state law, court order, and the Rules Governing the Courts of the State of New Jersey.
According to Rule 1:38-3 of the New Jersey Rules of Court, the following records are excluded from public access:
- Records required to be kept confidential by rule, statute, or prior case law
- Medical, psychological, alcohol, and drug dependency records, reports, and evaluations
- Some records of criminal and municipal court proceedings
- Records of family part proceedings
- Records of guardianship proceedings
- Sealed or expunged court records
In some circumstances, New Jersey courts seal court records to protect individuals' privacy or preserve sensitive information such as national security or trade secrets. Also, to ensure fair trial rights, New Jersey courts may seal records relating to ongoing investigations.
How Do I Search New Jersey Court Records?
You may find court records in New Jersey in multiple ways. To access case information online, the state courts website provides links to search the following:
- Civil and foreclosure cases
- Criminal cases
- Criminal judgements
- Judgement liens
- Tax court cases
- Municipal court cases
- Supreme court cases
- Court opinions
- Attorney discipline cases
- Judicial discipline cases
Note that to perform a search online for case information from the courts, you will need to provide relevant information such as party names, case or docket number, judgment number, and the court or jurisdiction where the case was filed.
If you want copies of New Jersey court records, download and complete a records request form and submit it electronically via the Judicial Electronic Document Submission (JEDS). If the record you want is maintained by the tax court, email the completed form to txctrecords.mailbox@njcourts.gov.
It is also possible to find court records offline. To do so, you must visit the court where the case you are looking for was filed.
How To Retrieve Court Records Offline
To obtain certified copies of New Jersey court records, you must visit the office of the clerk of the court where the case was filed. When making your request, you will typically need to provide:
- Case details: The docket number (if known), party names, type of case, and approximate date for when the case was filed
- Personal ID, such as a valid government-issued ID
The processing time for retrieving and certifying court records in New Jersey varies depending on the court's workload. It may take a few business days to a couple of weeks. Also, fees for copying and certifying requested records may vary. Typical costs for copies of New Jersey court records are $0.05 per page for letter-size pages, $0.07 per page for legal-size pages, and $15 per document for certified copies.
Can I Seal or Expunge a New Jersey Court Record?
Sealing a record means removing the court from public access so that it may no longer be viewed by others. On the other hand, expungement means the removal and isolation of all records on file within any court, correctional facility, criminal justice agency, or law enforcement concerning the apprehension, arrest, detention, trial, or disposition of offense.
New Jersey has a strict and complex eligibility requirement for expungement. Hence, you should consult with an attorney before petitioning for expungement. Some of the requirements for expungement in New Jersey include the following:
- Indictable Offenses (Felonies)
- Eligible for expungement 5 years after completing supervision if you have only one indictable offense in your lifetime.
- If convicted of two or more indictable offenses, expungement is only possible under limited circumstances or with a longer waiting period.
- Early Pathway Expungement: Possible after 4 years if the court finds compelling circumstances and no further convictions.
- Disorderly Persons and Petty Disorderly Persons Offenses (Misdemeanors)
- You may expunge up to 5 offenses if you have no prior criminal history.
- If you have an indictable offense, you can expunge up to 3 disorderly persons offenses.
- Early Pathway Expungement: Available after a 3-year waiting period under certain circumstances.
- Ordinance Violations
- No limit on the number of ordinance violations that can be expunged.
- A 2-year waiting period after completing supervision is required.
- Juvenile Delinquency Records
- Juvenile records can generally be expunged except for offenses that would be ineligible if committed by an adult.
- Requires a 3-year waiting period after completing supervision.
- Young Drug Offenders
- For those convicted of possession or use of controlled substances, there is no limit on expungement.
- A 1-year waiting period applies after completing supervision.
- Arrest without conviction
- Arrests that did not lead to a conviction can be expunged without any limits. However, if the charges were dismissed as part of a diversion program, a waiting period of six months applies before expungement is possible.
Some of the offenses that are ineligible for expungement in New Jersey include:
- Kidnapping
- Perjury
- Treason
- Criminal restraint
- False swearing
- Criminal sexual contact with a minor
- Aggravated sexual assault
- Luring or enticing
- Criminal restraint
- Human trafficking
- Criminal homicide, except death by automobile
- Robbery
- Endangering the welfare of a child if based on sexual contact
To file for expungement in New Jersey, you may follow these steps:
- Obtain Criminal Records: Gather a copy of your criminal record, including the Judgment of Conviction for felonies or the Disposition for municipal charges. If unavailable, a request can be made to the court, which may take a few days to a month.
- Draft, Notarize, and File the Petition: Once the necessary records are obtained, the expungement petition is drafted for your review and signature before a notary public. After notarization, the petition is filed with the county courthouse.
- Serve the Filed Petition: A copy of the filed petition is sent to relevant government agencies using certified mail to ensure proper delivery and documentation.
- Attend Hearing (if required): A judge will schedule a hearing to decide on the expungement. Attendance is usually unnecessary unless the County Prosecutor objects, in which case legal arguments are submitted to address the objections.
- Serve Expungement Order: If the judge grants the expungement, a signed order is issued and sent to all relevant agencies, including courts, police departments, and the FBI, directing them to remove the record.
Note that you may apply for an expungement using the eCourts Expungement System. Also, expungement in the state is free when filed through the eCourts Expungement System.
How To Search Federal Court Records in New Jersey
The United States District Court for the District of New Jersey is the only federal court in the state. However, this court has three divisions: the Newark Division, the Trenton Division, Camden Division. Together, these courts handle specific types of cases, such as immigration cases, civil cases related to federal statutes and constitution issues, criminal cases involving the violation of federal laws, and bankruptcy cases.
To access court records in any of the three divisions of the federal court in the state, you may use the PACER System online or visit the court to obtain certified copies of the record. The Public Access to Court Electronic Records (PACER) system allows users to find court records by providing information such as case information, party name, and jurisdiction where the case was filed.
How To Get New Jersey Court Records Online for Free?
Access to state-operated courts in New Jersey is available online for free via the find a case resource on the New Jersey courts website. However, anyone seeking to obtain a record may have to create an account before completing a search. It is also possible to obtain New Jersey court records online for free via reliable third-party sites like peoplerecords.us. Such third-party sites collate public records from multiple official sources to make them available to the public via searchable databases.