Are Arrest Records Public in New Jersey?
Yes, arrest records generated in New Jersey are public records. Per New Jersey's Open Public Records Act, government agencies must provide access to public records upon request. In New Jersey, arrest records are generated by law enforcement agencies after apprehending a person on suspicion of criminal activity. The records contain information about the alleged crime, the suspect's personal information, the agency that carried out the arrest, and, in some cases, information about the accused's criminal past if it is relevant to the arrest.
Arrest records are often featured alongside the New Jersey criminal records, especially when a conviction ensues subsequent to the arrest. However, in New Jersey, an arrest record does not imply that an individual has been convicted of a crime, as criminal charges may be pursued through the criminal justice system or dismissed. Instead, the record is proof of a person's investigation for an alleged crime.
Who Can Access New Jersey Arrest Records?
Because an arrest record is public in New Jersey, anyone can obtain it by querying the government agency that maintains the record unless it is exempt from public disclosure by statute or court order. For instance, individuals with arrest records in New Jersey can petition a court to seal or expunge their records, thereby preventing their arrest information from being disclosed. In such cases, the record may only be accessible to law enforcement.
What Shows Up on a New Jersey Arrest Record?
A New Jersey arrest record will bear the following:
- The arrestee's full legal name and aliases
- Age and date of birth
- Race
- Sex
- Other physical descriptors such as height and weight
- Contact information such as an address and phone number
- The next of kin
Aside from the arrestee's profile, the record will also contain details about the incident that led to the arrest and the arresting agency or officer. For example:
- The name of the officer and agency who made the arrest
- The criminal charge(s) that led to the arrest
- Location, time, and date of the arrest
- Details about the vehicle, if one was involved in the incident
- Mugshot
- Fingerprints
- The detention facility where the accused was held
- Additional information about the presumed crime
New Jersey Arrest Statistics
The New Jersey State Police Uniform Crime Reporting Unit each year publishes crime data (which includes arrest statistics) of the state in a yearly Uniform Crime Report. These reports contain crime data generated and contributed by county sheriff's offices, county prosecutor's offices, local police departments, and other law enforcement agencies.
According to the 2020 Uniform Crime Report, 14,532 arrests were made in 2020. The report is broken down by county, and the data for each county is further broken down by the reports made by law enforcement agencies in that particular county. Being the most populated county, with a total population count of 941,075 residents in 2020, Bergen County recorded the most arrest (1698 arrests) for that year. Paramus Police Department recorded the most arrests in Bergen County for the year, with 191 arrests made. Furthermore, the crime category larceny resulted in the most arrests in Bergen County in 2020, with 1031 arrests made. Meanwhile, murder was the least recorded, with a total arrest count of 10 arrests.
Compared to the arrest statistics reported in the 2019 Uniform Crime Report, New Jersey had a 53.9% decrease in arrests made in 2020. The 2019 Uniform Crime Report reported 31,538 arrests in New Jersey for that year. Unlike in 2020, Essex County recorded the most arrests in 2019, with 3363 arrests.
Obtaining New Jersey Public Arrest Records
A New Jersey arrest search allows interested parties to acquire details concerning arrests that took place within the state's jurisdiction, such as arrest records and reports. Interested persons can conduct a New Jersey arrest search through law enforcement agencies in the state. These agencies are responsible for generating and maintaining state arrest records and reports.
Inquirers can conduct arrest searches through New Jersey law enforcement agencies by making an in-person search request at the agency’s office responsible for maintaining the arrest during regular business hours. Alternatively, Inquirers may make their arrest search via phone call or mail. Some law enforcement agencies also maintain online resources, such as inmate listings and arrest logs, that inquirers can use to conduct arrest searches.
For instance, inquirers can mail the Cape May County Sheriff’s Office at Records@cmcsheriff.net to request an arrest search. Alternatively, inquirers use the County Sheriff's Office jail inmate list portal to access information on county inmates or arrestees. Inquirers are typically required to provide detail about the arrest to facilitate their arrest search request. These details include and are not limited to the arrestee’s name and the arrest date.
How Do I Lookup Someone's Arrest Records in New Jersey?
Although there is no central repository for arrest records in New Jersey, law enforcement agencies that make arrests routinely produce, collect, preserve, and distribute them. Thus, anyone interested in acquiring arrest records may query the local sheriff's office or police department. Inquirers can also lookup arrest records online if the agency provides a website with a searchable database.
Additionally, arrest records are part of a person's criminal history in New Jersey. As a result, anyone can request a copy of their criminal history record from the Criminal Information Unit of the State Police to review arrest information. The record is also available to the general public upon request.
The state police provide several options for obtaining arrests and criminal records in New Jersey. Although fingerprints are used to process most criminal record requests, the department also allows name-based searches. The division charges a moderate fee for each request.
How to Subpoena Arrest Records in New Jersey
A subpoena is a legal document that requires a named person or entity to participate in a trial or hearing and do one or both of the following:
- Testify
- Produce documents or items that will be used as evidence
New Jersey Court Rule 1:9 authorizes the issuance of subpoenas. This rule allows a subpoena to be issued by the court clerk, an attorney, or a party in the clerk's name. As a result, an attorney or a party to a case can create a subpoena and sign it in the clerk's name without requiring the superior court clerk's approval.
To obtain a subpoena, the requesting party must first get and fill out the necessary forms, which differ based on the subpoena's purpose. If an individual wants to request documents such as an arrest record, the party will need to fill out a Subpoena Duces Tecum form.
For the Superior Court Clerk to sign a subpoena, the requester must send the completed form to the address below:
Superior Court Clerk's Office
Customer Service Unit
P.O. Box 971
Trenton, NJ 08625-0971
The form must be sent along with a $50 check or money order made payable to the Treasurer, State of New Jersey.
It is crucial to remember that the subpoena must indicate which papers are requested and what format they must be provided during the trial. If the subpoena is appropriately completed and signed, anyone 18 years of age or older may serve it on the records custodian. A subpoena's service is achieved by providing a copy of the document to the entity named on the paper.
How to Search for an Inmate in the New Jersey Prison System
An individual interested in finding an inmate within the New Jersey prison system can search through inmate records. Inmate records are official documents that bear information on individuals incarcerated in state and local detention facilities.
In New Jersey, the Department of Corrections (NJDOC) is in charge of all state-run correctional facilities. As a result, the agency keeps track of all inmates housed in those facilities and is responsible for maintaining inmate records. Hence, the public can utilize the NJDOC Offender Search tool to learn more about an offender in the prison system.
The NJDOC search tool finds inmates who are currently jailed or have been released within the last year. To use this tool, inquirers must supply information about the inmate, such as a name and state identification (SBI) number. Other search parameters like date of birth, gender, ethnicity, eye and hair color, age, and current correctional facility location can help narrow search results. The search results include personal and official information about inmates, including photographs to aid identification.
It is worth noting that the NJDOC database only contains information about inmates held in state-run prisons. Inmates held in local jails are supervised by local law enforcement agencies (the sheriff's offices and police departments). The sheriff's offices oversee county jails, while police departments oversee municipal or city jails. An inquirer must contact the appropriate agency directly or browse their websites to find inmate locators that can help find inmates in the facilities.
How Do I Find Out if Someone Was in Jail in New Jersey
The most efficient method of obtaining information on individuals who have been incarcerated is to conduct a background check or obtain a copy of their official criminal record. A New Jersey criminal record contains details about an individual's criminal past. As a result, the record will have the subject's prior incarcerations.
Additional information is available through the New Jersey Department of Corrections (NJDOC) Offender Search tool, which returns information on inmates currently in the system and those released within the previous year. Furthermore, inquirers can determine whether someone was incarcerated by querying the appropriate correctional facility.
How to Find Recent Arrests in New Jersey
Interested persons can find information regarding recent arrests in New Jersey by querying the government agency responsible for the operation of the local jail in a county. In most cases, this agency is the county’s Sheriff’s Office. In other cases, the county may have its Department of Corrections independent from the County Sheriff’s Office. In such cases, inquirers can query the Department to find information about recent arrests in the county.
For instance, inquirers can find information regarding recent arrests in Bergen County by querying the County Sheriff's Office. Bergen County Sheriff’s Office also maintains an inmate lookup portal inquirers can use to find information about individuals recently arrested and held in the county jail. Inquirers can search for an arrestee by their first or last name on the portal. Alternatively, inquirers can search for an arrestee on the portal by supplying different unique identifiers such as booking number, permanent number, or state ID. Search results would provide the arrestee’s physical description, inmate information, incarceration information, alias information, detainer information, bond information, and charge information.
Meanwhile, if an inquirer wishes to find recent arrests in Essex County, they must query the County Department of Correction. Note that Essex County Sheriff’s Office is independent of the County Department of Correction. Inquirers can make recent arrests inquiries by calling the County’s Correctional Facility at (973) 274-7500. Alternatively, inquirers can search for recent arrestees through the county’s jail inmate lookup portal. The inmate lookup portal is similar to the Bergen County Sheriff’s Office inmate lookup portal in that searches are conducted using an arrestee’s name or unique identifiers.
How Long Do New Jersey Arrest Records Stay on File?
Arrest records in New Jersey will remain on file indefinitely unless the record holder requests for the record to be removed. When one's arrest did not lead to a conviction or prosecution, the party can immediately petition the court to clear the arrest from their record.
What is an Arrest Report?
An arrest report is an official document law enforcement agencies create after an arrest, which provides details about the arrest. These specifics include information about the suspect, the circ*mstances behind the arrest, incidents before/after the arrest, and the arrest's date, time, and location. Like other records generated by law enforcement agencies, arrest records are subject to the New Jersey Open Public Records Act (OPRA). However, law enforcement agencies may limit public access to arrest reports. Generally, defendants who need their arrest reports when preparing their defense for an indictable offense are granted full access to their arrest report.
Arrest reports and arrest records should not be mistaken for each other. An arrest report is generally focused on providing information about a specific arrest. Meanwhile, an arrest record is a generalized document that provides information on every arrest an individual has been subjected to within a particular jurisdiction.
How to Obtain Arrest Records for Free in New Jersey?
An individual can usually obtain arrest records from New Jersey law enforcement agencies by paying for copies of the records. However, such agencies may provide searchable databases where inquirers can look up sections or the entirety of an arrest record for free.
How to Search for a New Jersey Arrest Record Online Using a Third-Party Search Service
Asides from government agency websites, third-party search services also disseminate arrest records. Because such records are public information, inquirers can access them through third-party online databases that are unaffiliated with the government.
To search a database, most inquirers will usually need to provide basic information about the record holder. This includes the person's name and last known location. However, to streamline search results, there may be a need to supply precise identifying information, similar to what is required on government websites. Some examples are the name of a city or county, known aliases, and age.
How to Correct an Arrest Record in New Jersey
Persons who discover that their New Jersey arrest record has inaccurate or missing information can ask for the record to be updated. To do so, the record holder can file a challenge to have it amended by contacting the arresting agency directly or the Criminal Information Unit of the State Police at (609) 882-2000 or CIU@gw.njsp.org.
To be more specific, the holder of the erroneous record can take the following measures to ensure the record is corrected:
- Obtain a copy of their criminal record, which includes details about their arrests.
- Examine the criminal record to make sure there are no errors or inaccuracies.
If any errors are found, the record holder must proceed to the court where the case was heard and collect the relevant papers outlining the court's decision. If the arrest was addressed in a superior court, the individual must request a "judgment of conviction" document from the court clerk. The JOC contains the details of the pleas and sentences (if applicable). Note that if the JOC also has a mistake, the party may need the services of an attorney to alter the decision. For matters heard in a municipal court, the record holder must obtain a copy of the disposition. Either document must be certified, i.e., it must bear a raised seal indicating that a court issued it. The process must be repeated for every error discovered on one's record.
Afterward, the record holder may mail the JOC or disposition, along with a cover letter describing how the information on their criminal record differs from that on the JOC, to the Criminal Information Unit:
Criminal Information Unit
New Jersey State Police
P.O. Box 7068
West Trenton, NJ 08628
How to Expunge Arrest Records in New Jersey
In New Jersey, expungement is the process of removing or sealing any arrest or conviction-related papers maintained by a court, detention or correctional facility, law enforcement agency, or criminal justice agency. An expungement order can be used to seal public records of a person's arrest or conviction.
Title 2C, Section 52 of the New Jersey Code provides details on persons that qualify for an expungement. According to the law, most arrests that did not result in a conviction are eligible for expedited expungement. However, the qualified party may have to wait six months if the charges were dismissed due to a pretrial intervention or diversion program.
Generally, an expungement petition must be prepared and filed by the eligible party. The petition must be submitted in the superior court of the county where the person was arrested. Then, a judge will consider whether or not the person should be granted an expungement.
Individuals can apply for expungement online through the eCourts Expungement System. There is no cost to use the system, but the applicant must create an account and provide the case number of the record(s) to be expunged. After creating the account, the party can follow the guide provided by the courts to file an expungement petition.
Alternatively, interested parties can start the expungement procedure by going to the courthouse. Petitioners seeking to expunge arrest information/records must gather the following to complete their expungement petition and prove their eligibility:
- Date of arrest and detention.
- The crime(s) leading to the arrest.
- The date on which the disposition was made. This could be the date of the not guilty or discharge verdict.
- A detailed list of all arrests, charges, or prosecutions, even if the applicant is not seeking expungement for all.
A petitioner can seek assistance on how to get copies of the records mentioned above from the Superior Court Criminal Case Management Office in the county where the arrest or conviction took place. A list of Criminal Case Management Offices is provided in the state courts' expungement guide.
When considering expungement in New Jersey, the applicant must decide on legal representation. It is crucial to note that being eligible does not imply that an expungement order will be obtained. Although every petitioner has the right to represent themselves, it may be more beneficial to hire a lawyer to understand the process. Furthermore, filing an expungement petition necessitates the collection of a considerable amount of paperwork. The petitioner must copy and keep all completed forms, checks, money orders, receipts, letters, photographs, and other significant documents relating to the expungement.
Below is the expungement process:
- Ask the New Jersey State Police for a thorough criminal history report.
- Fill out the relevant petition papers and submit them to the court in the county where the arrest took place. Notarization is required for the forms.
- Make three copies of the notarized Expungement Petition (Form A), Hearing Order (Form B), and Proposed Expungement Order (Form C). Keep one copy of each and file the original and two (2) copies with the court.
- After the forms are filed, the petitioner will receive one copy of each form, which will be marked "Filed" and issued an "Expungement Docket Number". The hearing date and time will be specified in the Order for Hearing document.
- After receiving the filed copies, the petitioner must make at least seven copies of each document. Mail copies to following agencies by certified mail with return receipt requested:
- The Attorney General
- The Expungement Unit of Superintendent, New Jersey State Police
- The prosecutor of the county
- The administrator of the municipal court (if the case was heard in a municipal court)
- The chief of the law enforcement agency that made the arrest
- The chief of any other law enforcement agencies that participated in the arrest
- Any detention facility's warden or superintendent involved in the arrest
- The County Probation Division (if the petitioner was awarded a conditional discharge or dismissal
- Petitioners may be required to attend a court hearing, albeit this is not necessary for all counties.
- If no entity objects to the expungement, the court may order that the records be expunged without a hearing. If this happens, the petitioner will get a signed expungement order in the mail.
- The final expungement order, which is signed by the judge and filed by the court, should be forwarded to the appropriate agencies that received copies of the expungement petition.
It is important to note that expunging a record in New Jersey does not imply that the record will be destroyed. Instead, the procedure conceals the record from the public, making it unlikely for it to show up on background checks for employment or licensing purposes. State law enforcement agencies may still have access to the record.
