New Jersey Criminal Records

Per the latest crime data, New Jersey reportedly has a violent crime rate of 2.03 per 1,000 residents, and a total crime rate of 16.20 per 1,000 residents, one of the lowest crime rates in the country.

New Jersey criminal records are official documents that detail a person's interactions with the state's justice system. These include, but are not limited to, police reports, arrest records, warrants, charges, court dispositions, sentencing details, incarceration records, probation information, and other documents that collectively provide a comprehensive criminal history profile (on a particular person).

Several governmental entities, including local law enforcement agencies, superior courts, and the state's Department of Corrections, maintain copies of New Jersey criminal records. However, the New Jersey State Police (through its State Bureau of Identification) functions as the state's central repository for collating, processing, and disseminating official criminal history record information.

Are Criminal Records Public in New Jersey?

Per the New Jersey Open Public Records Act (OPRA), most criminal records are public and may be examined, inspected, or copied by any interested party. However, there are certain instances where criminal records are considered confidential and restricted from public access to ensure personal privacy and protect sensitive information. These confidential criminal records include juvenile records, criminal investigatory records, victims' records, probation records, and impounded, sealed, or expunged records.

Similarly, criminal history record information maintained by the New Jersey State Police is considered exempt from OPRA. As such, even though these records may be accessed by interested parties, this access is limited to specific requesters, such as the person named on the record, criminal justice agencies, employers, licensing agencies, and private detectives.

How To Look Up Criminal Records in New Jersey?

Per Title 13, Chapter 59 of the New Jersey Administrative Code, official criminal records maintained by the New Jersey State Police may only be accessed by authorized parties, including the person named on the record and potential employers. The State Police offers two primary options for accessing criminal records: fingerprint-based checks and name-based checks. These are further broken down into the following categories, based on the reason for the record request:

• NJ Residents Fingerprint-based Personal Record Requests - for individuals in New Jersey who wish to obtain a copy of their own criminal record.
• Out-of-State Residents Fingerprint-based Personal Record Requests - for individuals outside New Jersey who wish to obtain a copy of their own criminal record.
• Volunteer Review Operation - for nonprofit youth-serving organizations who wish to perform background checks on volunteers. This is a fingerprint-based check that includes a search of federal databases.
• Noncriminal Justice Volunteer Background Checks/Volunteer Care Provider Program - for background checks on noncriminal justice volunteers. Searches may be fingerprint-based or name-based but are limited to New Jersey records.
• NJ Name-based Checks - for background checks where a fingerprint-based check is not required by law. These are usually less thorough than fingerprint-based checks.

Name-based checks typically require the name, date of birth, social security number, and other relevant descriptive information on the subject of the search, while fingerprint-based checks typically require submitting fingerprints via an approved vendor. Fees vary based on the type of request and typically range from $12 to about $60 per request, and requests are typically processed within 10 working days.

For additional information or inquiries, contact the New Jersey State Police at (609) 882-2000.

How To Search New Jersey Arrest Records?

Arrest records in New Jersey are primarily created at the local level by police departments and sheriff's offices. These records typically contain the following information:

• Personal details on the arrestee, such as their name, date of birth, and address
• The date, time, and location of the arrest
• Information about the alleged offense and circumstances surrounding the arrest
• The arresting agency and arresting officer
• Booking data, like the arrestee's mugshots and fingerprints
• Bail information (where applicable)

New Jersey arrest records are maintained by the arresting agency and can usually be accessed in person at the relevant agency. Many local law enforcement agencies also offer online portals that allow interested parties to submit records requests and/or access recent incident/arrest logs.

How To Search New Jersey Warrants?

New Jersey warrants are legal orders issued by a judge that authorize law enforcement officials to take specific actions, such as executing an arrest or conducting a search. Common examples of these warrants include:

• Arrest Warrants: authorizing the arrest of a person suspected of committing a crime.
• Search Warrants: authorizing law enforcement officials to search a specific location for evidence.
• Bench Warrants: directing law enforcement to apprehend a person who has failed to comply with a court requirement, such as missing a scheduled court appearance or violating probation.

Arrest and bench warrants generally have no expiration date and remain active until the person is arrested or the matter is resolved in court, while search warrants have to be executed within 48 hours (after being issued), otherwise, they become void. You may access warrant information in New Jersey by directly contacting the local police department, sheriff's office, or clerk of court in the county where the warrant was issued. Be aware that access to active warrants may be restricted to protect the integrity of ongoing investigations.

Can I Obtain a New Jersey Criminal History Record of Another Person?

Third-party access to official criminal history records in New Jersey is restricted to specific parties, namely:

• Government entities
• Potential employers
• Licensed attorneys
• State-licensed private detectives

As such, unless you belong to any of these categories, you will not be able to obtain a copy of another person's official criminal history record. However, you may access unofficial copies of their criminal records online by utilizing the New Jersey Courts Public Access platform. Be aware that this platform will only provide copies of records maintained by the state's judicial branch.

How To Expunge or Seal New Jersey Criminal Records

An expungement in New Jersey is a legal process - outlined in Sections 2C:52-1 to 2C:52-32 of the New Jersey Statutes Annotated - that removes, seals, impounds, or isolates a record on file with a court, detention, or correctional facility, law enforcement, or other criminal justice agency. Expungements typically remove arrests, court proceedings, convictions, and case dispositions (including sentencing information) from a case, making it seem like they never occurred.

To get your records expunged, you may take the following steps:

• Obtain a copy of your criminal history record and review it to have a clear idea of your arrests, charges, and case dispositions and determine whether they are eligible for the process. While expungements may be done for all non-convictions and most convictions, certain offenses cannot be expunged and must remain permanently on a person's record. These include criminal homicide, robbery, kidnapping, human trafficking, arson, sexual assault and aggravated sexual assault, child endangerment, and abuse of public office.
• Confirm that you have completed the required waiting period. This is usually five years after the imposed sentence has been served. However, non-convictions may be expunged immediately after the case was either dismissed or a not-guilty verdict was issued.
• Apply for an expungement using the New Jersey Courts' eCourts Expungement System (first-time users have to register an account). The state's judicial branch offers a user guide for navigating this platform.

Once your petition has been successfully submitted (and all relevant parties have been notified), you will receive an email informing you of this. You may log in to your account to view the current status of the request; you will also continue to receive subsequent notifications for major events, including the prosecutor's response to the request and the court's final order, either granting or denying the expungement.

What Are the Limitations to Use of Criminal Records for Employment, Licensing, and Housing in New Jersey?

In New Jersey, relevant parties are required to adhere to both federal and state statutes and guidelines regarding the use of criminal records for employment, licensing, and housing to ensure fairness and prevent discrimination. These include:

• The New Jersey Opportunity to Compete Act: This prohibits employers with 15 or more employees from inquiring about an applicant's criminal history on initial applications or during the first interview. Also, under this act, employers may only consider convictions and pending charges that haven't been expunged and must assess the relevance of the record to the job.
• The New Jersey Fair Chance in Housing Act: This law bars housing providers from asking about criminal history on initial applications and also limits the scope of convictions that they may consider before making decisions regarding potential tenants who have a criminal record.
• The Fair Chance Act: This is a federal law that prohibits federal agencies and contractors from also making criminal history inquiries before extending a conditional job offer.
• EEOC Guidance: This advises employers to avoid blanket exclusions based on criminal history.
• The Fair Credit Reporting Act: This regulates background checks by consumer reporting agencies, limits the scope of information that they may access, and requires them to provide notification to the subject of the record in certain situations.
• Section 45:1-21 of the New Jersey Statutes Annotated: This law requires professional bodies to consider if a criminal record has a "direct and substantial" relationship to the licensed activity before denying licensing.

Can I Access New Jersey Criminal Records for Free Online?

Several private websites and third-party services claim to provide online access to comprehensive New Jersey criminal records (sometimes at no cost and sometimes for a nominal fee); however, their information is often not up-to-date or accurate. To get accurate New Jersey criminal records, it is advisable to either utilize official resources like the State Bureau of Information and the NJ Courts' Public Access platform or reputable, premium platforms like NewJerseyPublicRecords.us that aggregate data from both official and trusted sources.