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New Jersey Criminal Records

New Jersey Criminal Records

New Jersey criminal records, also known as RAP (Record of Arrest) sheets, are official documents detailing an individual's criminal history. Criminal records list a person's contact with the criminal justice system, including law enforcement agencies, the courts, and other criminal justice organizations.

It lists the arrests and convictions of individuals. Criminal records are used for background checks, security clearance, employment screening, and legal proceedings. When an individual is convicted of a crime in New Jersey, several legal and personal consequences follow. One of such legal consequences is having a documented criminal record. The conviction is recorded in the individual's criminal records, which include personal information and the arrest details, and becomes part of the permanent criminal record.

The New Jersey State Police (NJSP) maintains criminal records for the state. The NJSP, through the Criminal Information Unit (CIU), handles the collection, storage, and distribution of criminal records in the state. The unit is responsible for maintaining and providing finger-based criminal history record checks for New Jersey residents. However, other organizations are involved in collecting and managing criminal records in the state. For instance, the New Jersey Administrative Office of the Courts (AOC) oversees the court records. It details information about court proceedings, charges, verdicts, and sentences.

New Jersey criminal background checks serve various purposes. Criminal background checks are used for pre-employment screening to ensure that job candidates are trustworthy and do not pose a risk to the workplace or the public. For instance, financial institutions perform background checks on employers who handle sensitive financial information. Likewise, background checks are required for individuals purchasing firearms from licensed dealers to prevent individuals with criminal histories from obtaining firearms. Schools and daycare centers require background checks for teachers and daycare workers. Additionally, certain professions which require licensing necessitate background checks to verify the suitability of individuals. Medical practitioners, including physicians, nurses, and healthcare providers, require background checks to obtain and renew their licenses.

What is Included in the Criminal Record?

The New Jersey State Police Criminal Information Unit manages the criminal records for the state. The content of a criminal details information about an individual's encounter with the criminal justice system. Including:

  • Personal Information: It contains details such as the individual legal name and known aliases, date of birth, physical description, such as weight, height, race, and distinguishing marks, and mugshot taken at the time of arrest
  • Arrest Information: Including the arrest date, arresting agency, arrest location, and the initial charges filed at the time of arrest
  • Charges: It detailed the description of the charges filed, including the statutes allegedly violated
  • Court Information: It includes the case number, dates for court hearings, court name, location, and the information of the presiding judge
  • Disposition Information: It contains the conviction status, the date of ruling, details of pleas entered, and the sentence imposed
  • Custody Information: Location of incarceration, details of parole, and information on release, transfers, or escapes

Are Criminal Records Public In New Jersey?

In New Jersey, criminal records are generally not considered public records. The New Jersey Executive Order Number 123 and Executive Order Number 69 exempt criminal arrest records from inspection, examination, and copying by the public. The Orders remove criminal records from records automatically available to the public. Per Section 47:1A-1 et seq of New Jersey's Right to Know Law, only a federal or state statute, administrative code, or executive order may mandate the release of criminal records to the public. Consequently, only eligible persons or entities may access criminal records for authorized use.

How to Access Criminal Records in New Jersey

How to Access Criminal Records in New Jersey

There are specific steps and requirements to access criminal records in New Jersey. Criminal court records may be accessed online or by mail in New Jersey.

Online Request

Online requests for criminal arrest records begin with creating an account on the NJSP website. Once created, residents and out-of-state residents may download the Personal Record Request Letter online. In addition, the record holder must provide a fingerprint for a Criminal History Record Check (CHRC) via electronic live scan at any of the approved fingerprint-capturing sites. Upload a scanned copy of a government-issued photo ID and submit the same through an electronic live scan at any approved fingerprint-capturing sites provided by the Division of Police. Once fingerprinted, applicants may download the criminal record within 24 to 72 hours from the CHRC portal.

Mail Request

Requesting criminal records by mail requires an in-person appointment with IdentoGO, a private company offering finger-capturing services approved by the NJSC. The requester must bring valid identification cards to the enrollment center. Complete the pre-enrollment information and the fingerprint card, Form SBI 19. Include valid government-issued cards and submit all documents by mail. If the record is found, the information is mailed to the requester. Mail requests are available within 14 days. Mail the fingerprinted card to the New Jersey State Police at:

New Jersey State Police

Criminal Information Unit

PO Box 7068

West Trenton, NJ 08628

It costs $45.73 to obtain criminal arrest records. The fee is inclusive of the fingerprinting service. The NJSC accepts VISA, American Express, prepaid debit cards, Master Card, and electronic debit from checking accounts as forms of payment.

Accessing other people's criminal records is regulated to ensure privacy and protect individual rights. Therefore, only eligible persons or agencies with legal authorization may access someone else's criminal records. The following may obtain someone else's criminal records:

  • Law enforcement and criminal justice agencies
  • Attorneys-at-law
  • Employers in specific industries, such as healthcare, childcare, and financial services
  • Licensed private investigators
  • Organizations conducting pre-employment background checks
  • Individuals with explicit consent from the record holder via a signed release form

Accessing someone else's criminal record begins with obtaining a signed authorization consent form from the record holder. Have the individual complete an applicant fingerprint card Form SBI 19 and mail the request to the NJSP.

In New Jersey, court records are accessible online through the New Jersey Courts Public Access portal, on or in person at the clerk's office at the relevant courthouse. Police reports are available at the police department where the incident occurred. The New Jersey Department of Corrections (NJDOC) provides access to inmates' records through an online search tool. The NJSP provides online access to sex offenders' records through the New Jersey Sex Offender Internet Registry.

What is Considered a Felony in New Jersey?

Unlike most states in the United States, New Jersey does not label crimes as felonies. Instead, what is considered felonies in other states is known as indictable offenses in New Jersey. However, there is no difference between facing prosecution for an indictable crime in New Jersey or a felony case in another state. Per Section 25:52-2 of the New Jersey Code, Indictable crimes are serious crimes that carry significant penalties from lengthy incarceration to substantial fines. Indictable crimes typically involve significant harm or threat to individuals or property and are prosecuted at the Superior Court.

New Jersey categorizes indictable crimes into four categories. The first degree is the most severe, and the fourth is the least severe. Each degree has specific penalties, including jail terms and fines.

First Degree Crimes

They are the most serious indictable offenses in New Jersey. They carry the steepest penalties. First-degree crimes include:

    • Murder: Intentionally killing another person
    • Kidnapping: Taking or detaining someone against their will
    • Drug Trafficking: Manufacturing, distributing, and selling of large quantities of a controlled substance
    • Aggravated Sexual Assault: Using force or coercion to sexually penetrate an individual, especially minors
    • Manslaughter: Recklessly causing the death of another

Second Degree Crimes

They are also very serious and carry significant penalties. However, they are less severe than first-degree crimes. They include:

    • Burglary: Unlawful entering a structure with intent to commit a crime
    • Aggravated Assault: Knowingly or recklessly causing bodily injury to another person
    • Robbery: Using intimidation or force to take property from another
    • Drug Offenses: Possession of large quantities of a controlled substance
    • Sexual Assault: Sexual contact using force or coercion, especially if the victim is mentally or physically incapacitated

Third Degree Crimes

They are serious but less severe offenses, carrying less severe penalties than first and second-degree crimes.

    • Theft: Unlawful taking of property valued between $500 and $75,000
    • Possession of a Controlled Substance
    • Forgery: Creating or altering a written document with intent to defraud or injure someone
    • Resisting Arrest: Purposely preventing law enforcement officer from making an arrest using force or threat to force
    • Assault by Auto: Causing bodily harm to another person while driving recklessly

Fourth Degree Crimes

They are the least severe of indictable offenses in New Jersey. Although they still carry jail time and fines as penalties.

    • Simple Assault: Negligently or recklessly causing bodily harm to another person
    • Stalking: Knowingly and purposely following or harassing a person in a way that causes fear or emotional distress
    • Criminal Mischief: Intentionally damaging tangible property valued between $500 and $2000
    • Possession of Certain Weapons: The possession of prohibited weapons or devices, such as switchable knives or brass knuckles
    • Falsifying Records: Knowingly making a false entry in any record or document to deceive or conceal wrongdoing

Penalties For New Jersey Felonies

In New Jersey, each category of indictable offense carries specific penalties. The penalties vary based on the degree of crime, offenders' criminal history, and aggravating factors such as the use of weapons in committing the crime.

First Degree Crimes

  • Imprisonment between 10 and 20 years, and life imprisonment for offenses like murder
  • FInes not exceeding $200,000
  • Extended terms for repeat offenders
  • Ineligible for parole

Second Degree Crimes

  • Incarceration between 5 to 10 years
  • Fines up to $150,000
  • Mandatory period for parole ineligibility

Third Degree Crimes

  • Jail time between 3-5 years
  • Fines not exceeding $15,000
  • Parole ineligibility for repeat offenders
  • Probation or non-custodial sentences instead of jail time for first-time offenders

Fourth Degree Crimes

  • Incarceration up to 18 months
  • Fines up to $10,000
  • Probation in place of jail time for first-time offenders

What is a Misdemeanor in New Jersey?

Like felonies, New Jersey refers to misdemeanor offenses as "Disorderly Person Offenses" and "Petty Disorderly Persons Offenses". These offenses are less severe than indictable offenses but still carry significant penalties, including jail time, fines, and other legal consequences.

Disorderly Persons Offenses

Equivalent to misdemeanor, in other states, disorderly persons offenses per Section 2C:52-3 of the New Jersey Code are more serious than infractions but less severe than indictable crimes. The Municipal Courts preside over Disorderly Person Offenses. Examples of disorderly person offenses include:

  • Simple Assault: Attempting or causing bodily harm without a weapon
  • Shoplifting: Tanking merchandise from a retail store valued under $200
  • Possession of Controlled Substance: Possession of small quantities of marijuana, usually under 50 grams
  • Resisting Arrest: Interfering with law enforcement officers attempt to make a lawful arrest

Petty Disorderly Persons Offenses

They are the least serious criminal offenses in New Jersey. Petty disorderly persons offenses are not treated as crimes in New Jersey and do not require a jury trial. A conviction under Petty Disorderly Persons Offenses does not have the same legal consequences as a misdemeanor conviction. Some examples of Petty Disorderly Offenses include:

  • Disorderly Conduct: Engaging in fighting or violent behavior in public
  • Public Intoxication: Visibly drunk or under the influence of a controlled substance in public
  • Trespassing: Entering or remaining on a property without permission

Penalties for New Jersey Misdemeanors

The penalties for Disorderly Persons Offenses and Petty Disorderly Persons Offense in New Jersey range from imprisonment, fines, community service, and probation, with increased severity for repeat offenders. The penalties for Disorderly Persons Offenses include imprisonment up to 6 months, fines not exceeding $1,000, probation instead of jail time, restitution to victims, and court costs. For Petty Disorderly Persons Offenses, the offender gets incarceration up to 30 days, fines not exceeding $500, community service in place of jail time, restitution to victims for losses incurred, and any court costs. Repeat offenders get enhanced jail time, higher fines, stricter probation, and extended community service.

How Long Does a New Jersey Criminal Record Stay In a Background Report?

How Long Does a New Jersey Criminal Record Stay In a Background Report?

In New Jersey, the duration that a criminal record remains in a background report depends on the type of conviction and the ability to seal or expunge the records. Indictable offenses remain on a person's criminal record indefinitely unless expunged. The criminal record stays on the person's background check into the foreseeable future unless the person takes legal steps to erase the record. Disorderly Persons Offenses conviction also stays on a person's background check until expunged. Certain crimes cannot be sealed or expunged in New Jersey. These crimes include murder, manslaughter, kidnapping, aggravated sexual assault, robbery, arson, perjury, and crimes of public office, such as bribery and official misconduct.

Sealing and Expungement of Criminal Records in New Jersey

Expungement is a legal process in New Jersey that allows individuals to clear their criminal records, sealing them from the public. In New Jersey, indictable offenses, disorderly person offenses, and juvenile delinquency records may be expunged from a person's criminal record. New Jersey offers residents a fresh start through its Clean Slate Law. However, persons with criminal records must wait up to 10 years after serving their sentence to seal or expunge the records. The New Jersey Courts offers a free online service to remove, seal, impound, or isolate criminal records.

Sealing a criminal record differs from erasing it. When a criminal record is sealed, the record exists on file but becomes hidden from the public. Certain persons, such as law enforcement and government agencies, may still access the record through a court order. Expungement, on the other hand, refers to erasing the criminal record from the system. Expungement goes beyond sealing and is treated as if the record never existed. New Jersey does not offer a Certificate of actual innocence. Instead, the expungement process focuses on removing criminal records from public view. After expungement, certain agencies, under specific circumstances, such as law enforcement agencies, judicial systems, prosecutors, regulatory and licensing agencies, correctional facilities, and parole boards, may still access criminal records.

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