New Jersey Criminal Records

New Jersey Criminal Records refer to documents and information about the criminal history of individuals within the state. Generally, these records include details of an individual's arrests, charges, convictions, and any associated sentences or penalties.

More specifically, these records will give you various pieces of information, including:

Subject's personal information, such as name, date of birth, gender, and race or ethnicity
Physical descriptions like height and weight
Subject's complete set of fingerprints and mugshot
Any aliases or nicknames used
The date, time, and location of the arrest, the arresting agency, and the reason for the arrest
The specific criminal charges filed against the individual
Court Information like the court that heard the case, the judge, and the outcome of the case, including any plea bargains, convictions, or acquittals
The sentence imposed by the court, including fines, probation, community service, or imprisonment
The date of release from custody, parole or probation details, and any outstanding warrants or charges

In New Jersey, criminal records are generally considered public records and are available for public inspection under the state's Open Public Records Act (OPRA), with some exceptions.

Some examples of criminal record exemptions under OPRA are juvenile records, sealed or expunged records, information related to ongoing investigations, and victim information.

New Jersey citizens often request criminal records to verify an individual's suitability for specific employment, the risk of renting to a particular renter, eligibility for professional licenses, and immigration or citizenship status.

Individuals may also request their criminal records to check for inaccuracies or ensure the information is up-to-date.

What Are the Types of Crimes in New Jersey?

New Jersey Criminal Records may have varied information depending on the type of crimes an individual committed.

Generally, there are various types of crimes in New Jersey, such as violent crimes, sex offenses, property crimes, and more. What matters is that these crimes are classified into several categories based on their nature, severity, and impact.

Here are the main types of crimes in New Jersey based on severity level:

Indictable Crimes

Most offenses in New Jersey are categorized as indictable crimes. It is the counterpart of felonies in other states with a punishment of more than a year in prison. New Jersey classified indictable crimes into four categories, with first-degree crimes being the most severe and fourth-degree crimes being the least serious.

First-degree Crimes

A first-degree crime carries a prison term of 10 to 20 years in addition to a 15-year presumptive imprisonment. Someone with the following offenses on their criminal record is subject to this punishment:

Murder
Kidnapping
Aggravated manslaughter
Aggravated sexual assault
Armed robbery
Vehicular manslaughter (in some cases)
Distribution of narcotics (quantity-based)

Second-degree Crimes

Those guilty of the following offenses are considered second-degree crime convicts on their criminal records:

Aggravated arson
Reckless vehicular homicide
Certain types of sexual assaults
Aggravated assault but without injury
Unarmed robbery
Armed burglary
Property theft of specific values
Endangering the welfare of a child
Drug distribution and possession crimes

Individuals with these records must serve 5 to 10 years in prison, with a 7-year presumption of imprisonment.

Third-degree Crimes

Some of the third-degree crimes in New Jersey are as follows:

Aggravated criminal sexual contact
Arson
Narcotics related charges
Theft charges like theft of a motor vehicle
Damage to property

If you are guilty of these offenses, you must serve 3 to 5 years in prison in addition to a 4-year presumption imprisonment.

Fourth-degree Crimes

Fourth-degree crimes are the least severe type of indictable crime in New Jersey. It has a maximum sentence of 18 months in prison with presumption imprisonment of nine months.

The most common offenses under this degree are as follows:

Criminal mischief
Stalking
Shoplifting
Forgery
Shoplifting
Cyber harassment

Disorderly Persons Offenses

Disorderly persons offenses in New Jersey are the counterparts of misdemeanors in most states. These are less severe than indictable crimes.

A conviction of any of the following disorderly persons offenses could lead to a $1,000 fine and up to six months in jail:

Resisting arrest
Simple assault
Shoplifting for less than $200
Drug paraphernalia
Bad checks
Lewdness
Obstruction
Possession of fewer than 50 grams of marijuana

Furthermore, a court may sometimes suspend or revoke driving privileges for up to two years.

Petty Disorderly Persons Offenses

Petty disorderly persons offenses are the less severe type of crimes under New Jersey Criminal Records. These offenses are counterparts of infractions in most states.

Those guilty of trespassing, harassment, and disorderly conduct must face up to 30 days in jail and pay a $500 fine.

How Does Probation Work in New Jersey?

Probation in New Jersey is a legal sentence imposed by a court of law as an alternative to incarceration or as part of a sentence following a period of imprisonment. It permits offenders to serve their sentences in the community under probation officer supervision rather than in jail.

During the probation hold, the probation officer may investigate to determine whether the offender has violated the terms and conditions of their probation.

If the probation officer finds evidence that the offender has violated their probation, they may file a violation of probation (VOP) petition with the court. The court will then schedule a hearing to determine whether the offender has violated their probation and what consequences should be imposed.

If the probation officer does not find evidence of a violation, the offender may be released from custody and returned to probation.

Suppose the probation officer does find evidence of a violation. In that case, the offender may be subject to additional sanctions, such as a modification of the conditions of probation, revocation of probation, or imposition of a jail sentence.

New Jersey Probation Terms and Conditions

In New Jersey, probation terms and conditions may vary depending on the offense and the individual circumstances of the offender. However, some common probation terms and conditions in the state may include the following:

Reporting to a probation officer as required and following their instructions
Accepting home visits from the probation officer
Wearing a monitoring device
Refraining from committing any new crimes during the period of probation
Completing community service as ordered by the court
Paying fines and restitution to the court
Participating in substance abuse or mental health issues counseling
Participating in drug testing as required by the probation officer
Staying away from certain places or people as directed by the probation officer
Maintaining employment or attending school as directed by the probation officer

The probationary period must not be less than one year or more than five years, as determined by the court. On the request of a probation officer, the defendant, or the court's initiative, the court may dismiss the defendant at any time.

How Does Parole Work in New Jersey?

A parole is a conditional release from incarceration that allows an individual to serve the remainder of their sentence in the community under supervision. In New Jersey, the Division of Release of the State Parole Board oversees parole.

To be eligible for parole in New Jersey, an inmate must serve a minimum amount of time in prison, as determined by their sentence and the offense resulting in conviction. By New Jersey law, convicts are parole-eligible after completing one-third of their sentence.

As per the Earn Your Way Out Act of 2021, qualified offenders are entitled to automatic release at the time of primary or subsequent parole eligibility if they meet the following criteria:

The inmate has not previously been convicted of or is presently serving a term for any exclusionary crimes listed in Registration Law for Sex Offenders, No Early Release Act, Graves Act, and Sexually Violent Predator Act.
The inmate has not committed severe disciplinary offenses in the two years since their parole eligibility date.
The inmate has completed the required rehabilitation programs.

The Parole Board will review the inmate's case and decide whether they are eligible for parole.

One eligible, the Parole Board will hold a hearing. The Board will consider all the evidence and various factors, including inmates' behavior while in prison, their risk to public safety, and their plans for re-entry into society, and decide whether to grant parole.

If an inmate is granted parole, they will be released from prison and placed under the supervision of a parole officer. The parolee must comply with certain parole conditions, such as regular meetings with their parole officer, drug testing, and participation in counseling or treatment programs. Failure to comply with these conditions can result in a return to prison.

How Does Expungement Work in New Jersey?

Expungement is a legal process in New Jersey that allows individuals to have certain criminal records cleared from their public records. The expungement process essentially involves removing the history of a criminal conviction from public view so that it is no longer visible to most people or organizations.

However, not all convictions in New Jersey Criminal Records are eligible for expungement. Eligibility for expungement in New Jersey depends on various factors such as the type of offense, the number of convictions, the waiting period, and the completion of a sentence or probation.

In most cases, you must wait five years after serving your sentence and paying all fines and fees. You may only expunge one indictable conviction and three disorderly persons or petty disorderly persons offenses.

Once eligible, you must obtain the necessary New Jersey Courts forms. The forms include the Petition for Expungement, Order for Hearing, and Expungement Order.

Check this instruction file for the needed forms.

Fill out the forms carefully and accurately. Provide all the required information, including your personal information, details of your criminal convictions, and reasons for seeking expungement. Then, submit the forms to the Superior Court in the county where you were convicted.

You can also file electronically through the NJ Courts eCourts Expungement System. You can learn more about the system in this user guide.

After filing the petition, the court will schedule a hearing. You must attend the hearing and present your case to the judge.

If the judge grants your petition, you will receive an Expungement Order. To ensure adequate expungement implementation, you must provide a copy of the order to various government agencies, such as law enforcement, courts, and correctional facilities.

How To Obtain a Criminal Record in New Jersey?

Criminal records in New Jersey are accessible from state courts, correctional institutions, and state and municipal law enforcement agencies. You can contact the agency in charge of preserving such records to do a criminal record search.

But the best way to obtain New Jersey Criminal Records is through the Criminal History Record Information (CHRI) of the New Jersey State Police.

Primarily, CHRI offers fingerprint-based and name-based checks of criminal history records to the state general public.

To get a copy of a criminal history using a fingerprint-based, you must first arrange an appointment to be fingerprinted. CHRI is the fastest and simplest method to arrange an appointment. Alternatively, you can contact IDEMIA at 1-877-503-5981.

IDEMIA identifies the agency and the reason for fingerprinting with a six-character service code. This service number ensures that you will be fingerprinted for the proper purpose, not for unnecessary service.

2F1BJG is the service code for a request for the following reasons:

Personal Record
Immigration
Expungement
Naturalization
Visa
Good Conduct

The service code for a request for notarized personal documents for overseas business or adoption is 2F1BH1.

For other code-related information, check the Instructions for NJ Residents Requesting a New Jersey Fingerprint-Based Criminal History Record Check.

You can also obtain information from a criminal record in New Jersey through name-based checks. In this method, you must fill out the SBI 212B Form online and provide the needed information, such as the subject's name, birth date, social security number, and other descriptive information.

You must pay a fee to perform a criminal background check or acquire a criminal record in New Jersey.

What Are the Criminal Background Check Laws in New Jersey?

Businesses operating in New Jersey or employing New Jersey residents must comply with the federal Fair Credit Reporting Act (FCRA), Title VII of the Civil Rights Act of 1964, and any New Jersey state employment laws.

Here is a brief overview of criminal background check laws in New Jersey:

Opportunity to Compete Act

The Opportunity to Compete Act, or the "ban-the-box" law in New Jersey, prohibits employers from asking about an applicant's criminal history during the initial hiring process.

Employers may only inquire about a candidate's criminal background after the employer has made a conditional offer of employment.

The New Jersey Fair Credit Reporting Act (NJFCRA)

The NJFCRA is a state law that regulates the use of consumer reports, including credit reports and criminal background checks, by employers in New Jersey. The rule applies to all employers in the state, including public and private employers.

Employers may only obtain and use consumer reports for employment reasons with the applicant's written authorization, per the terms of this law. If the employer denies or terminates an application based on the report, the employer must provide the applicant with a copy.