New Jersey Criminal Court Records

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    NewJerseyCourts.us is not a consumer reporting agency as defined by the FCRA and does not provide consumer reports. All searches conducted on NewJerseyCourts.us are subject to the Terms of Service and Privacy Notice.

    Court records, including criminal court records, are considered accessible under the New Jersey Court Rules to foster openness and accountability within the justice system. This public access enables individuals to better understand the court system and assess its effectiveness.

    A New Jersey criminal court record encompasses all information, in any format, that a court maintains concerning a criminal proceeding. This includes, but is not limited to, pleadings, dockets, exhibits, briefs, calendars, indices, orders, and judgments. These records are considered the property of the judiciary.

    Are Criminal Court Records Public in New Jersey?

    Yes. New Jersey Court Rule 1:38 stipulates that court records are generally accessible for public inspection and copying, except as otherwise provided by court rule, court order, or statute. This means that most records, or parts thereof, maintained by the judiciary are open for public review.

    Exceptions to this provision include

    • Sealed records
    • Expunged records
    • Juvenile offender records
    • Personal identifiers, including social security numbers and driver's license numbers, pursuant to NJ Court Rules 1:38-7

    What Criminal Court Records Contain in New Jersey

    Access to criminal court records in New Jersey is regulated to ensure that the public's right to know does not compromise an individual's privacy or expose sensitive information. The following details may be available in a New Jersey criminal court file:

    • Parties' information, including the name of the defendant and the defense attorney
    • Warrants
    • Subpoenas
    • Witness lists
    • Exhibits
    • Charging instruments
    • Plea agreements
    • Sentencing information

    Inquirers who access a criminal case record through PROMIS (see below) may find the following data:

    • Defendant's name, known aliases, city, birthplace, date of birth, and language
    • Defendant's physical description (sex, race, height, weight, hair, eyes)

    The public may also view issued orders, motion outcomes, case statuses, representing attorneys, and hearing schedules.

    New Jersey Criminal Court Records Search

    In New Jersey, criminal court records are accessible to the public upon request, in accordance with court regulations. Cases are heard in the Superior Court (criminal and appellate jurisdiction) or municipal courts (minor criminal offenses). The judiciary provides several methods for obtaining these publicly available records, which are detailed below:

    State level

    PROMIS/Gavel Public Access site

    This database contains criminal case records from the Superior Court, but not all documents are available. The system can be searched by indictment or name.

    Criminal Judgments

    To access a criminal judgment, researchers must limit their searches to the county where the case originated. Searches may be conducted by defendant, complaint, indictment, PROMIS case defendant, or state identification.

    Opinions

    One can find Superior Court and Appellate Court opinions through this database.

    Municipal Court Case Search (MCCS)

    These databases can be used to look up municipal traffic or complaint information online.

    Also, individuals can submit a criminal court record request online through the Judiciary Electronic Document Submission (JEDS) system or by mail using a request form or letter. For Superior Court cases, mail requests may be sent to

    Superior Court Clerk's Office

    Richard J. Hughes Justice Complex

    P.O. Box 971

    Trenton, New Jersey 08625-0971

    County level

    The method for accessing court records locally may vary by court. However, for most superior and municipal courts across the state, criminal court records can be obtained online, by mail, or in person. The name of a party involved in the case or the case number is generally required to find records. Individuals may contact the local court clerk's office for information or visit the courthouse directly to inquire about obtaining records.

    Individuals seeking copies of records can review the state judiciary's fee schedule, which is available on its official website, to determine the applicable costs.

    Free Access to Criminal Court Records in New Jersey

    Criminal court records in New Jersey can be accessed through the following avenues at no cost:

    EAccess

    Accessing criminal court records through any previously linked database above is free. However, records available via a remote access platform do not typically include all information in the court file.

    Onsite

    In-person inspections at the courthouse are generally free, but a search fee may be charged for complex requests, given the work required to retrieve records. Shorter search times typically incur no fees, while searches that are more time-consuming or involve archived records may carry a fee. Fees may also be assessed to duplicate, certify, or exemplify a record.

    Sealing and Expungement of Criminal Court Records in New Jersey

    In New Jersey, the terms sealing and expungement are often used interchangeably. Both refer to the impounding of records maintained by a court, correctional institution, detention center, law enforcement authority, or other criminal justice agency. These are often petition-based processes, but some documents, such as juvenile records, are automatically sealed.

    Sealing or expungement removes criminal records from public view.

    How to Seal Criminal Court Records in New Jersey

    Expunction is the process used to seal a criminal record in NJ. Aside from records automatically sealed under NJ Court Rule 1:38, members of the public who wish to have their criminal court records sealed must apply for an expungement.

    This process can seal the following:

    • Arrest records
    • Charges
    • Dispositions, including convictions

    How to Expunge a Criminal Record in New Jersey

    New Jersey offers expungement through two methods: eCourt expungement and traditional expungement.

    • The eCourt process is available to both first-time users and returning users, and is generally free.
    • The traditional expungement method has specific steps and includes a filing fee.

    One may file for:

    • Regular expungement (N.J.S.A. 2C:52-2, 2C:52-3, and 2C:52-4); juvenile delinquency adjudication (N.J.S.A. 2C:52-4.1): Covers misdemeanor, municipal ordinance violations, and dismissed cases. Defendants are eligible five years after the case's conclusion.
    • Clean slate expungement (N.J.S.A. 2C:52-5.3): Clears the entire criminal record after 10 years
    • Marijuana (N.J.S.A. 2C:52-5.1)
    • Expedited expungement (N.J.S.A. 2C:52-6)
    • Recovery court expungement (N.J.S.A. 2C:35-14(m))

    Requirements

    • Review the relevant statute to determine eligibility.
    • Complete the required waiting period for the type of expungement sought.
    • Ensure there are no pending charges.

    Crimes like murder, robbery, aggravated sexual assault, and certain felonies cannot be expunged.

    Traditional Expungement Process

    Step 1: Retrieve criminal records

    • Obtain records from the State Police, especially if personal files are unavailable. The petitioner must be fingerprinted to retrieve these records.

    Step 2: Complete the required forms

    • Petition for Expungement
    • Order for Hearing
    • Order of Expungement

    Step 3: File the forms

    • Make three copies of all completed forms (four copies in total, plus the original).
    • File the original and two copies of the forms to the Superior Court Criminal Case Management Office in the county where the case was handled.
    • Keep one copy for personal records.
    • Submit the form with
      • A cover letter
      • A self-addressed, stamped envelope
      • The $52.50 filing fee

    Step 4: Serve notice

    • Once filed with the relevant Criminal Case Management Office, the applicant will receive a copy of the submitted forms. The Order for Hearing that will include a scheduled hearing date.
    • Within five days, copies of the forms must be sent by certified mail to
      • The Attorney General
      • All relevant law enforcement agencies
      • The Superintendent of the State Police
      • The Chief of Police where the arrest occurred
      • The judiciary
      • Other required parties listed in the Order

    Step 5: Attend the hearing

    If the expungement is granted, the petitioner should send a copy of the signed order to every agency that may hold records of the case.

    The New Jersey Courts provide an Expungement Kit, which provides detailed guidance on the process.

    Criminal Records in New Jersey vs Court Records

    A New Jersey criminal record is an official summary of an individual's past encounters with law enforcement and the judiciary. In other words, it includes all records of arrest and criminal dispositions, and it is maintained by the State Police.

    In contrast, a court record refers to any documentation maintained by the court regarding a case. The judiciary customarily maintains these records.

    While NJ criminal records are confidential, court records are open to public inspection.

    Requesting a New Jersey Criminal History Record

    Pursuant to New Jersey Executive Order Number 69, criminal records are exempt from public inspection. New Jersey's Administrative Code (N.J.A.C.) 13:59-1 et seq specifies which persons and organizations are permitted to obtain a criminal history record in the state. In effect, access to these records is restricted to those legally authorized.

    The State Police functions as the official custodian of criminal history record information in New Jersey.

    How to Request a New Jersey State Background Check

    New Jersey criminal history records can be obtained through fingerprint-based or name-based checks. The method used generally depends on the individual or organization performing the check, as well as the purpose for which it is being conducted.

    Fingerprint-Based Requests

    Applicants must submit their fingerprints via electronic live scan at an approved private contractor site. They are required to contact the contractor in advance to schedule an appointment.

    Once fingerprinting is completed:

    • If no criminal record is found, the requester would receive a Personal Record Request letter, which must be downloaded within 24 to 72 hours
    • If a criminal record is found, the result will be sent by mail.

    This process must be completed within 90 days; otherwise, the applicant would have to restart from the beginning.

    Requests submitted within the specified timeframe are generally processed within 10 business days after fingerprinting. After 10 days, if no result is returned, applicants may follow up with the New Jersey State Police for updates. The fee for this service is $45.73

    Out-of-state applicants may also follow the same procedure.

    Name-Based Search (SBI 212 B Form)

    For a name-based criminal history search, the requester must complete and submit the SBI 212B form online through their registered account. Those performing this search would need to get consent through an online verification process from the subject of the record. However, this requirement does not apply when the requester is a licensed private detective.

    Once the search is complete, the result will be uploaded to the requester's account. Applicants who are not registered will be asked for a valid email address while filling out the form to receive results.

    If the requester is a prospective employer, the 212B process must be initiated by the employer.

    It is strongly recommended that petitioners create an account if they wish to access or download the results. In many cases, creating an account may eventually become necessary.

    The fee for this search is $20, or $12 for volunteers.

    Note: The 212B form cannot be used by individuals requesting access to their own criminal history records. The State Police provides more details on how to obtain a personal criminal record on its website.

    Active vs Archived Criminal Cases in New Jersey

    In New Jersey, criminal cases that are currently in progress and have not yet reached a conclusion are classified as active cases. These cases are considered recent; therefore, the related records are readily accessible on public platforms like court dockets and calendars.

    Meanwhile, archived cases, though considered part of court records, are those that have been closed and transferred to an off-site location for retention. As such, the records may not be readily available for review through the clerk's office, or one may need to contact a local archives center or the New Jersey Archives to retrieve the records.