You can obtain a copy of your criminal record through the New Jersey Division of State Police Criminal Information Unit (CIU). You can also try requesting a copy of your records from a specific law enforcement agency or court. However, the CIU is the most efficient source for obtaining your complete criminal history record information (CHRI).
Being convicted of a crime can have far-reaching consequences in your life. At The Law Office of Jason A. Volet, we understand how frustrating dealing with the aftermath can be. We are here to address your questions or concerns. If you are eligible, we can even work to have your criminal record erased through an expungement. Contact us today for a free, confidential consultation with a skilled New Jersey criminal defense attorney.
How Do I Get My Criminal Records from the Criminal Information Unit?
Again, you can obtain a copy of your criminal records from the Criminal Information Unit (CIU). Before accessing your records, you must complete an online form, schedule an appointment to get your fingerprints scanned at a location approved by the New Jersey State Police (NJSP), and pay a fingerprinting fee of $44.13. Online scheduling is available 24 hours per day, seven days per week.
Once your fingerprinting is complete, your criminal records will be mailed to the address you provide. If no criminal history is found, you can download an official Personal Record Request letter as confirmation.
Who Can Access My Criminal Record?
Criminal records are widely accessible to interested parties conducting an investigation. The governing statute specifically grants access to the following entities:
- Any person for the purpose of obtaining their own criminal records.
- Governmental entities of New Jersey, the federal government, or any other state for any official governmental purpose, including, but not limited to, employment, licensing, and the procurement of services.
- A person or non-governmental entity of any state that seeks to directly engage the services of the subject of the record for the purpose of determining the subject’s qualifications for employment, volunteer work, or other performance of service.
- Attorneys-at-law licensed by any state for use in any contested matters docketed in any state or federal court or administrative agencies of this state.
- Private detectives licensed by the Division of State Police . . . for the purposes of obtaining information in the furtherance of the performance of their statutorily authorized functions.
The statute makes clear that access to your criminal records may also be granted under “any other Federal or state laws, regulations, executive orders, ordinances or resolutions authorizing the dissemination of criminal history record information.” In addition to records of conviction, access may also be granted to “all records of pending arrests and charges for violations.”
For How Long Are Criminal Records Kept in New Jersey?
Your criminal history stays on record indefinitely. However, records associated with certain crimes can be erased through a legal process known as “expungement.” More on this below.
What Does It Mean to Have My Records Expunged?
You can prevent someone from accessing your criminal record by having it expunged. As explained by the New Jersey State Police, the expungement process ensures your “right to privacy with the sealing and expunging of all criminal records ordered by the court.” The governing statute defines expungement more thoroughly as follows:
“[T]he extraction, sealing, impounding, or isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person’s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.”
Only records associated with certain crimes may be expunged. Determining eligibility can be complex and requires the attention of an experienced criminal defense attorney. However, once established, the following records may be expunged:
- Complaints
- Warrants
- Arrests
- Commitments
- Processing records
- Fingerprints
- Photographs
- Index cards
- “Rap sheets”
- Judicial docket records
What Is the Process for Getting My Records Expunged?
The process of getting your criminal records expunged involves lots of paperwork and, potentially, a hearing in court. At The Law Office of Jason A. Volet, we can review your case to determine whether you qualify for an expungement. If you do, we can prepare the necessary paperwork and help you through the process. The steps involved in expunging a criminal record include:
- Filing a Petition for Expungement – The process starts by filing a petition, along with other required documentation, in the Superior Court of the county where the conviction or arrest occurred.
- Obtaining an Order for Hearing – A judge will be assigned to your case and a hearing date will be set to address the petition.
- Giving Notice – After a hearing is set, all interested parties must be given notice by serving them with a copy of your Petition for Expungement and the Order for Hearing. These may include the police department responsible for your arrest, the prosecutor in the county where the conviction occurred, the Attorney General of New Jersey, and others.
- Attending an Expungement Hearing – Though you may not ultimately be required to appear at a hearing, any agencies involved in your case can object to the expungement. You will get a chance to respond to their objections. If no one objects, the court may order the expungement of your records without a hearing.
- Receiving an Expungement Order – If all goes well, the presiding judge will issue an Expungement Order.
- Enforcing the Order – You will then need to serve all agencies involved in the case with the signed Expungement Order. They must then remove your expunged records from their databases.
To learn more about expungements in a video presentation by Jason A. Volet, see How Long Will It Take to Get My Record Expunged?
Contact a New Jersey Criminal Defense Attorney Today
A criminal record can make it difficult to find employment, pursue your education, secure a home, and more. At The Law Office of Jason A. Volet, we understand how frustrating this can be. Our legal team is ready to help you get a copy of your criminal record, as well as have it expunged in eligible cases. Contact us today to have your questions answered in a free, confidential consultation with an experienced New Jersey criminal defense attorney.
