Search New Jersey Arrest Records Online

What is Considered an Arrest in New Jersey?
Are Arrest Records Public in New Jersey?
What are the Types of Arrest Records in New Jersey?
How Long Do Arrests Stay on the Record in New Jersey?
How To Seal or Expunge an Arrest Record in New Jersey?

What is Considered an Arrest in New Jersey?

In New Jersey, an arrest generally occurs when a law enforcement officer or other authorized individual, acting under legal authority, exercises control or custody over a person by restricting that person's liberty of movement for a significant period based on suspicion of a crime.

Under New Jersey law, arrests may be made with or without a warrant, depending on the situation. Warrant arrests are provided for under Section 2C:104-4 of the New Jersey Revised Statutes. Warrant arrests may be based on an arrest or bench warrant. For an arrest warrant, a law enforcement officer must submit a valid complaint showing sufficient evidence of criminal activity. A judge then determines if probable cause exists to issue the warrant. On the other hand, Bench warrants are issued directly by the magistrate or judge to apprehend a person who has failed to comply with a court order.

New Jersey law allows for warrantless arrests in some instances. Under Section 2C:104-5 of the New Jersey Revised Statutes, an officer may arrest without a warrant in specific circumstances.

Arrests in New Jersey are typically made for:

Indictable offenses: These are generally felonies and are classified into degrees (first through fourth). Arrests for indictable offenses are common when the crime involves severe harm or danger to individuals or property. Examples of indictable offenses typically are murder, drug distribution, sexual assault, armed robbery, and burglary.
Disorderly persons offenses: These are less serious than indictable offenses. In other states, they are referred to as misdemeanors. Examples typically include simple assault, theft of small amounts, shoplifting, disorderly conduct, and harassment.
Ordinance violations: These are violations of local municipal laws and generally pertain to minor, non-criminal offenses. Examples typically include noise violations, loitering, and public intoxication.
Traffic offenses: Examples typically include driving under the influence, reckless driving, driving with a suspended license, and leaving the scene of an accident
Domestic violence: Examples typically include domestic assault, harassment, stalking, and violations of restraining orders
Drug-related offenses
Probation or parole violations: Arrests may occur if an individual violates the terms of their probation or parole, such as failing to report to a probation officer or committing a new offense.

An arrest in New Jersey must comply with legal procedures. The formal arrest process in the state generally requires several stages, such as:

Custody and Control: In this state, a New Jersey law enforcement officer physically takes the suspect into custody, restricting their movement to ensure control over the situation. This step involves informing the individual that they are being placed under arrest.
Legal Authority: Arrests must be made with proper legal justification, either by obtaining an arrest warrant from a judge or based on probable cause. In certain situations, officers may make a warrantless arrest if they witness a crime or have probable cause to believe a crime has been committed. The legal authority for arresting with a warrant in New Jersey is provided under Section 2C:104-4 of the state's revised statutes. The legal justification for an arrest without a warrant is outlined under Section 2C:104-5 of the New Jersey Revised Statutes.
Miranda Rights: Upon arrest, the officer is required to inform the individual of their Miranda rights, which include the right to remain silent and the right to an attorney. These rights ensure that any statements made during questioning are voluntary and legally admissible in court.
Physical Restraint: Depending on the situation, officers may use handcuffs or other restraints to secure the individual and prevent escape or harm. The use of force must be reasonable and proportional to the level of resistance or threat posed by the individual.
Booking Process: After the arrest, the individual is transported to a police station or detention facility for booking. This process typically involves collecting personal information, photographing, fingerprinting, and logging the details of the charges. The individual may also be held until bail is set or court proceedings begin.

Although some detained people say they were arrested, arrest and detention are not the same. Detention is a temporary restriction of a person's movement based on reasonable suspicion of involvement in criminal activity. It is typically brief and used for investigative purposes without necessarily leading to formal charges. Arrest, on the other hand, is a formal action based on probable cause, where an individual is taken into full custody and processed for criminal charges. While detention is limited and often ends without further action, an arrest initiates the legal process and significantly restricts the person's freedom.

What is Unlawful Arrest in New Jersey?

An unlawful arrest in New Jersey generally occurs when law enforcement violates legal procedures or constitutional rights while taking a person into custody. Some factors that may lead to an arrest being considered unlawful include:

Lack of Probable Cause: Under New Jersey law, law enforcement officers must have probable cause (a reasonable belief premised on facts and evidence) that a person has committed a crime. Arresting someone without probable cause makes the arrest unlawful.
Arrest Without a Warrant: In most cases, an arrest must be supported by a valid arrest warrant issued by a judge. Although New Jersey laws allow law enforcement officers to make warrantless arrests under specific circumstances, if an arrest is made without a warrant where one was required, it may be considered unlawful.
Violation of Constitutional Rights: Arrests that violate a person's rights under the U.S. Constitution or the New Jersey Constitution are unlawful. This includes failure to provide Miranda rights, which inform a person of their right to remain silent and to have an attorney present during questioning. Violating these rights may render the arrest illegal.
Mistaken Identity: If an individual is arrested because law enforcement mistakes them for someone else due to identity confusion or other errors, the arrest may be deemed unlawful.
Racial Profiling and Discrimination: An arrest based on racial profiling or discrimination without valid evidence is unlawful. New Jersey has strict laws against such practices, and arrests made solely based on race, ethnicity, or other discriminatory factors may be challenged.
Arrest Outside Jurisdiction: New Jersey law enforcement officers generally have the authority to arrest individuals within their designated jurisdictions or the state's borders. Arrests made outside these legal jurisdictions without proper authority or mutual agreements may be unlawful.
Procedural Violations: Failure to follow proper legal procedures, such as making an arrest without the required evidence or failing to issue a valid Miranda warning, may result in an unlawful arrest.

Key consequences of unlawful arrests in New Jersey typically include:

Exclusion of Evidence: New Jersey criminal justice systems abide by the exclusionary rule to deter law enforcement from violating constitutional rights, such as the Fourth Amendment right to be free from unreasonable seizures. The exclusionary rule originated from the U.S. Supreme Court's landmark decision in Weeks v. United States in 1914.

Under the exclusionary rule, evidence obtained due to an unlawful arrest may be deemed inadmissible in court. If the arrest was made without probable cause or violated constitutional rights, any evidence gathered, such as statements, confessions, or physical evidence, may be excluded from the trial.

Dismissal of Charges: If an arrest is ruled unlawful, the court may dismiss the charges against the defendant, especially if critical evidence was gathered during or after the unlawful arrest. Without admissible evidence, the prosecution may be unable to proceed, resulting in the dismissal of the case.
Civil Rights Lawsuits: Victims of unlawful arrests may file a civil rights lawsuit under state or federal law. In New Jersey, individuals may sue the arresting officer, the police department, or the municipality for violations of their constitutional rights, such as illegal search and seizure under the Fourth Amendment. If successful, the individual may recover damages. In some cases, punitive damages may also be awarded to penalize law enforcement for egregious violations.
Accountability for Law Enforcement: An unlawful arrest may lead to disciplinary actions against the officers involved. Internal investigations may result in sanctions, suspensions, or even termination of the officers responsible. Furthermore, the police department could face increased scrutiny and policy changes to prevent future unlawful arrests.

Are Arrest Records Public in New Jersey?

In New Jersey, arrest records are generally considered public under the state's Open Public Records Act (OPRA). This law grants the public the right to access certain government records, typically including arrest records collected by law enforcement agencies in the state.

The parts of arrest records that are typically open to the public include:

Personal Information: Basic details such as the name, age, and address of the individual arrested
Arrest Details: The date, time, and location of the arrest, along with the name of the agency making the arrest
Charges: Information about the criminal charges filed against the individual
Booking Information: Information such as the arrestee's fingerprints and any additional identification
Bail Information: Information on whether the individual was granted bail, and if so, the amount of bail and conditions of release

Note that mugshots are also public records in New Jersey. Members of the public may submit requests for mugshots, among other arrest records, to the custodian of the records.

New Jersey law strikes a balance between the public's right to access information and the protection of individual privacy and law enforcement activities. Hence, certain types of arrest records or specific information within them are not accessible to the public in New Jersey. This typically includes sensitive personal details such as Social Security numbers and medical records, juvenile records to protect the privacy of minors, and any records that have been sealed or expunged by court order. Additionally, information related to ongoing investigations may be withheld to avoid compromising the case.

What are the Types of Arrest Records in New Jersey?

Arrest records in New Jersey may be categorized into local arrest records and state arrest records. Local arrest records are maintained by county sheriff's offices and local police departments. The records these agencies keep are for the arrests made within their counties and municipalities by the law enforcement officers working in the agencies.

State arrest records are generally more comprehensive and are typically referred to as criminal records. These records contain more information than the arrest data collected by county sheriff's offices and local police departments, including arrest history from various jurisdictions, conviction records, sentencing and parole information, and probation status.

Where are Arrest Records Kept in New Jersey?

In New Jersey, arrest records are generally maintained by various law enforcement and governmental agencies at the local, state, and federal levels. Each agency holds specific records related to arrests and criminal activity.

Local Police Departments or County Sheriff's Office: Local police departments and county sheriff's offices are responsible for maintaining arrest records for incidents occurring within their respective jurisdictions.
New Jersey State Police: The New Jersey State Police maintains a comprehensive database of arrest records, including information gathered from local law enforcement agencies throughout the state. The record maintained by the state police contains other information like court information.
New Jersey Courts: The New Jersey court system also holds court records in case files for individuals charged and tried in court. These records typically include arrest data, court proceedings, docket information, and sentencing records.
FBI: Federal agencies, particularly the Federal Bureau of Investigation (FBI), maintain records related to arrests that fall under federal jurisdictions. So, if you are looking for an arrest record about a violation of federal law in New Jersey, the record may be held by a federal agency.
Correctional Facilities: State and federal correctional facilities in New Jersey maintain records of individuals who have been incarcerated in detention centers within the state. These records typically include inmate records and parole and probation records, which may contain arrest data for persons held in the facilities.

How To Find Public Arrest Records in New Jersey?

You may find New Jersey arrest records in the following ways:

Visiting Local Police Departments and County Sheriff's Offices: Local arrest records are maintained by the police department or county sheriff's office where the arrest occurred. You may request records from these agencies by visiting their websites or making an in-person request at their office. Most police departments and sheriff's offices offer information about arrest records requests through their records divisions or units. To make a request, you may need to provide the arrestee's name, the date or approximate arrest date, and the location of the arrest.
New Jersey State Police Criminal History Checks: The New Jersey State Police maintains statewide criminal records, typically including arrest data, conviction information, sentencing, and other interactions with the criminal justice system. To obtain these records, you typically need to submit a request or undergo a background check. You may request a name-based or fingerprint background check.

To request a name-based check, you may use the web-based 212B form developed by the state-approved vendor. This check is used for non-criminal justice purposes only (it cannot be used for a personal background check) and costs $20, payable by a debit or credit card (MasterCard, VISA, Discover, or American Express).

Note that the 212B form is typically used by:

Governmental entities of the State of New Jersey, the federal government, or another state for any official purpose
A person or non-governmental entity of any State for employment, volunteer work, or other service performance
Private detectives authorized by the Division of State Police to obtain information under their authorized functions

The Criminal Information Unit or the CIU of the Division of State Police, offers fingerprint-based record checks to verify criminal history to New Jersey residents who wish to obtain a copy of their records of criminal history. You may obtain a CHRI which provides criminal history record information. Users may check by turning in fingerprints using the electronic live scan provided at an approved site for fingerprint capture.

The New Jersey State Police partners with IDEMIA, a contracted private company, to provide live scan fingerprinting services. To start the fingerprinting process, you must schedule an appointment with IDEMIA to get your prints gathered at one of the IdentoGO locations across the state.

The fee for using the fingerprint service is $45.73, which in part includes a $15.73 fee for vendors and applicable in-state sales tax. Accepted payment methods include debit or credit cards from VISA, Discover, MasterCard, American Express, or ACH, also known as electronic debit, from a checking account. Payment is processed at the IDEMIA fingerprinting site on the specific day of your scheduled appointment.

The results will be sent to the applicant's address if the background check reveals a criminal history. If no criminal history is found, the results will be provided to the applicant in the form of an official letter from the state police, which may be downloaded through the NJSP website.

For more information on obtaining a criminal history record from the state police, see the CHRI page on the NJSP website.

New Jersey Courts: Since some arrest records are included in court records, you may be able to access such records by requesting court records from the clerk of the court where the case was filed. Alternatively, you may use the New Jersey Courts Public Access portal to access case information online. The information displayed on the portal is generated from computerized records in the custody of the New Jersey Judiciary. Only defendants with a case in which they were convicted or sentenced in superior court will be available in the search results on the portal. Confidential records are not shown in the search results.
Third-Party Websites: Several third-party websites generally offer access to public arrest records online. These websites compile information typically from local and state law enforcement databases. One reliable website to find arrest records in New Jersey is RecordsFinder, which typically allows users to search for available criminal and arrest records across various New Jersey jurisdictions.

How Long Do Arrests Stay on the Record in New Jersey?

Arrests remain on your New Jersey records unless they are expunged. If your arrest record does not qualify for automatic expunction, you must submit a petition to have it expunged. Otherwise, it remains on the record in New Jersey. Typically, records of arrests not leading to convictions are automatically expunged.

How To Seal or Expunge an Arrest Record in New Jersey?

An arrest in New Jersey may have long-lasting adverse effects on your life, even after the case is resolved, regardless of the outcome. Even when the charges are dismissed, the initial arrest remains on record and may show up on a criminal background check. This may limit employment opportunities and restrict access to other privileges. However, New Jersey provides a legal solution for eligible individuals through the process of expungement.

Expungement in New Jersey refers to the removal and isolation of all records held by any court, law enforcement agency, detention or correctional facility, or other criminal justice agency related to a person's arrest, detention, trial, or the resolution of an offense. Once an expungement order is granted, the adult arrest, conviction, verdict of delinquency, and any related proceedings are treated as if they never occurred, unless otherwise specified by law.

Under N.J.S.A. 2C:52-6, arrests that do not result in a conviction are eligible for expungement. This includes cases that were dismissed. However, two key exceptions apply. First, individuals who had their charges dismissed after completing a diversionary program must wait six months before applying for expungement. Second, those whose charges were dismissed due to a finding of insanity or mental incapacity are not eligible for expungement.

The eligibility of a record for expungement in New Jersey depends on the type of offense, how many offenses or convictions exist on your record, and the period since the offenses or convictions occurred. However, certain records cannot be expunged. These typically include:

Arson
Robbery
Criminal homicide
Creating, possessing, or distributing child pornography
Kidnapping and human trafficking
Criminal sexual contact with a minor
Sexual assault and aggravated sexual assault
Motor vehicle-related violations, such as DUI
Convictions for the sale or distribution of a dangerous substance

Typical waiting periods before filing for expungement in New Jersey are:

Indictable and disorderly person convictions: Five years from your most recent violation or offense
Juvenile records: Three years
Municipal ordinance violations: Two years
Arrests not leading to a conviction: Immediately, or six months if the charges brought against you were dismissed as part of a pretrial intervention or diversion program

Upon determining that your arrest record is eligible for expungement, you may follow these steps to apply for the record relief:

Obtain your criminal history record: If you don't yet own your criminal history details with arrest, charges, and disposition data, you must request your New Jersey State Police criminal history record. The information in your criminal history record will be required to complete the expungement forms. Note that the New Jersey State Police can only have a criminal history record for you if your fingerprints were collected when you were arrested. If no fingerprints were taken and complaints were the only thing filed at the time of your arrest, a record will still exist with the local court and the police department. However, no criminal record will exist with the State Police's Division of State Bureau of Investigation.
Complete the Expungement Forms: Typically, you will be required to complete the Petition for Expungement, the Expungement Order, and the Order for Hearing. Note that the Verification page of the Petition for Expungement must be signed while a Notary Public is present because it must have the seal of a notary to be valid.
File and Serve the Forms: Make three separate copies of the proposed Expungement Order, Order of Hearing, and your Petition for Expungement. File the original document and two additional copies with the Superior Court in the county where you were arrested or convicted. You may keep the last copy for your record. You must also include a Cover Letter explaining to the Superior Court Criminal Case Management Office the purpose of your submission and the contents of the enclosed documents. Complete the required information on the Cover Letter and attach it to the original documents as well as the two copies you are submitting.

Additionally, include two different large envelopes that are self-addressed along with sufficient postage. These envelopes work to return filed copies of your documents. Once your package is complete, mail it to the Criminal Case Management Office in the county where the arrest occurred. Alternatively, you may choose to file the package in person.

A fee for the filing of between $52.50 and $75 is charged, and it may be paid using a certified check or money order made payable to the Treasurer, State of N.J.

Distribute the Filed Copies: After you submit your Petition for Expungement, Order for Hearing, and proposed Expungement Order, the court will mail you a set of these documents marked "Filed," along with an assigned "Docket Number." The Order for Hearing will specify the date and time of your hearing.
Once you have the copies filed from the court, you must quickly create seven or more copies of each of the Expungement Order, Petition for Expungement, and Order for Hearing documents.
Once finished you need to send a single copy of every document through certified mail along with a return receipt to every relevant government agency involved in your case. This should be done immediately to ensure proper notification to all agencies:
The Attorney General of New Jersey
The County Prosecutor
The Superintendent of State Police
The New Jersey Expungement Unit
The Warden or superintendent of any correctional institution in which you were incarcerated.
The County Probation Division, if applicable
The Clerk of the municipal court, if applicable
The Chief of Police or leader of the local police department who made the arrest.
The chief law enforcement officer of any enforcement agency of the state that was involved with the arrest
The Division of Criminal Justice, Records, and Identification Unit, if the State Grand Jury managed your case.

You may utilize the Cover Letter while sending out each of the copies to the required agencies. Note that you should send these form copies immediately since the law demands that you send them in the mail within five or fewer days from when the Order for Hearing received its signature.

After receiving all the certified mail, it's important to phone someone at the Criminal Case Management office to ask about what additional proof needs to be sent in before your hearing. There are likely proof requirements demanded for the hearing. If that is the case you must bring the Proof of Notice as well as the certified mail receipt card (a green card) to your hearing.

Attend the Hearing: Not all counties require a personal appearance at the expungement hearing. If you are instructed to attend, bring your filed Petition for Expungement, the Expungement Order, and the green return receipt cards to the hearing unless you have already submitted them to the court. If your presence is not mandated, it is your duty to send cards of return receipt (they're green) and Proof of Notice to the Office of Criminal Case Management. The petition must be on file a minimum of one week before you may schedule your hearing for success.

If no objections are raised by police officers, the court may issue an expungement order without a hearing. In such cases, you'll get an Expungement Order by mail that's signed and marked as "Filed" by the court.

Upon receiving a signed copy of your Order of Expungement, promptly send a certified mail copy, with a request to receive a receipt, to each agency where you previously submitted filed copies, and:

The Records Division at a facility where you were imprisoned.
The Identification Bureau within the county where the arrest was finalized or where your incarceration occurred

The New Jersey Expungement Kit provides further information on applying for expungement in New Jersey and accessing the required forms.