New Jersey’s juvenile code limits collateral consequences of juvenile adjudications by limiting access to juvenile records.  New Jersey “strictly safeguards” its juvenile records, and limits access to select agencies and individuals.

There is no statutory authority directing any member of the juvenile justice system, including judges, prosecuting attorneys, defense attorneys, probation officers, or police, to take affirmative steps to notify juveniles of the collateral consequences of any type of court involvement.

During a juvenile adjudication, juveniles, attorneys, and juveniles’ families may be unaware of who will have access to the juvenile’s records, both while the child is under the age of eighteen and afterwards.  New Jersey does not have a central statutory list of collateral consequences for juveniles, and judges are not required to inform a juvenile of all potential collateral consequences.  As such, it is important for juveniles to have access to information about the potential ramifications of a juvenile adjudication.

At what point in the court process do records begin?

A youth’s name and charge enter the juvenile justice system when the complaint charging the youth with the commission of a delinquent act is signed.

Where are juvenile records stored?

Juvenile court records are stored in New Jersey’s Family Automated Case Tracking System (FACTS) and the Juvenile Central Registry.  FACTS holds information on all matters of juvenile delinquency, dissolution, domestic violence, family in crisis, abuse and neglect, and guardianship.  The Juvenile Central Registry is part of the FACTS system.  The Juvenile Central Registry includes all relevant documentation pertaining to a juvenile’s case.

The Juvenile Central Registry is different from New Jersey’s Criminal History Record Information (CHRI) system. The CHRI system contains documents regarding adults, including arrests, indictments, formal charges, convictions, dismissals, or sentencing.  However, it is important to note that the CHRI system will hold information regarding a juvenile charged as an adult.

What information does a juvenile court record contain?

The Juvenile Central Registry includes, but is not limited to the following: records of official court documents such as complaints, pleadings and orders; information pertaining to pretrial matters; and the juvenile’s arrest, disposition, and probation status.  The registry may also contain statements made by the juvenile and reports or records relating to mental health services provided to the juvenile before adjudication.  However, these statements, mental health reports, and/or records may only be disclosed to the court after an adjudication of delinquency or finding of guilt has been entered, unless the juvenile and defense counsel consents to prior disclosure.  The reports may never be used in any proceeding or investigation involving the juvenile that is pending or subsequently initiated.

Who can access juvenile records?

Public:  Generally, all social, medical, psychological, legal and other records of the court and law enforcement agencies related to a juvenile delinquency charge are “strictly safeguarded” and not available for public inspection.

Public disclosure of the juvenile’s name, offense, and adjudication is permitted if the juvenile is found delinquent for an offense that would constitute aggravated assault, property damage greater than $500.00, or a crime in the first, second, or third degree, if committed by an adult.  A juvenile may prevent disclosure by showing a substantial likelihood that disclosure would result in specific and extraordinary harm.  The records of juveniles charged as adults are also available in the CHRI system.

Victims and Civil Litigants:  Although the public is generally prohibited from accessing juvenile records, any potential party involved in a civil action for damages arising from an act of delinquency committed by a juvenile, including the victim or victim’s family, may access certain records.  At the time of the juvenile’s charge, adjudication, or disposition, these individuals may request information regarding the juvenile’s identity, the offense charged, and the adjudication and disposition.

Access is limited to official court documents; records may be disclosed only in connection with asserted legal claims or actions for indemnification on behalf of the victim or victim’s family.  In addition, and only with approval from the County Prosecutor’s Office or State Criminal Justice Division, a potential party may access police or investigative reports concerning the act of delinquency.  However, prior to disclosure, all personal information regarding individuals other than the requesting party and arresting or investigating officer will be redacted.   Finally, the litigant may file a motion with the civil trial judge to have a juvenile’s social, medical, or psychological records admitted into evidence in the civil proceeding.

State Agencies: A number of state agencies and court personnel have access to juvenile records.  This includes any court or probation division; the Attorney General or county prosecutor; the Department of Human Services or Department of Children and Families, if providing care or custody to a juvenile; any institution or facility where a juvenile is in custody; persons or agencies with a direct interest in the matter who show good cause for disclosure; the Juvenile Justice Commission; the Victims of Crimes Compensation Agency; law enforcement; and the Office of Child Advocate.

Attorneys:  A juvenile’s attorney may access social, medical, psychological, legal and other records of the court and probation division, and records of law enforcement agencies pertaining to a juvenile.

School Officials:  On a confidential basis, the principal of a juvenile’s school may request relevant information regarding a juvenile’s identity, offense, and disposition.  However, this information may not be maintained by the school or principal except as authorized by the Department of Education.  If the principal finds it necessary to maintain discipline and order, appropriate staff and faculty members may also receive this information.

N.J.S.A. 2A:4A-60

a. Social, medical, psychological, legal and other records of the court and probation division, and records of law enforcement agencies, pertaining to juveniles charged as a delinquent or found to be part of a juvenile-family crisis, shall be strictly safeguarded from public inspection. Such records shall be made available only to:

(1) Any court or probation division;

(2) The Attorney General or county prosecutor;

(3) The parents or guardian and to the attorney of the juvenile;

(4) The Department of Human Services or Department of Children and Families, if providing care or custody of the juvenile;

(5) Any institution or facility to which the juvenile is currently committed or in which the juvenile is placed;

(6) Any person or agency interested in a case or in the work of the agency keeping the records, by order of the court for good cause shown, except that information concerning adjudications of delinquency, records of custodial confinement, payments owed on assessments imposed pursuant to section 2 of P.L.1979, c. 396 (C.2C:43-3.1) or restitution ordered following conviction of a crime or adjudication of delinquency, and the juvenile's financial resources, shall be made available upon request to the Victims of Crime Compensation Board established pursuant to section 3 of P.L.1971, c. 317 (C.52:4B-3), which shall keep such information and records confidential;

(7) The Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c. 284 (C.52:17B-170);

(8) Law enforcement agencies for the purpose of reviewing applications for a permit to purchase a handgun or firearms purchaser identification card;

(9) Any potential party in a subsequent civil action for damages related to an act of delinquency committed by a juvenile, including the victim or a member of the victim's immediate family, regardless of whether the action has been filed against the juvenile; provided, however, that records available under this paragraph shall be limited to official court documents, such as complaints, pleadings and orders, and that such records may be disclosed by the recipient only in connection with asserting legal claims or obtaining indemnification on behalf of the victim or the victim's family and otherwise shall be safeguarded from disclosure to other members of the public. Any potential party in a civil action related to the juvenile offense may file a motion with the civil trial judge seeking to have the juvenile's social, medical or psychological records admitted into evidence in a civil proceeding for damages;

(10) Any potential party in a subsequent civil action for damages related to an act of delinquency committed by a juvenile, including the victim or a member of the victim's immediate family, regardless of whether the action has been filed against the juvenile; provided, however, that records available under this paragraph shall be limited to police or investigation reports concerning acts of delinquency, which shall be disclosed by a law enforcement agency only with the approval of the County Prosecutor's Office or the Division of Criminal Justice. Prior to disclosure, all personal information regarding all individuals, other than the requesting party and the arresting or investigating officer, shall be redacted. Such records may be disclosed by the recipient only in connection with asserting legal claims or obtaining indemnification on behalf of the victim or the victim's family, and otherwise shall be safeguarded from disclosure to other members of the public;

(11) The Office of the Child Advocate established pursuant to P.L.2005, c. 155 (C.52:27EE-1 et al.). Disclosure of juvenile information received by the child advocate pursuant to this paragraph shall be in accordance with the provisions of section 76 of P.L.2005, c. 155 (C.52:27EE-76); and

(12) Law enforcement agencies with respect to information available on the juvenile central registry maintained by the courts pursuant to subsection g. of this section, including, but not limited to: records of official court documents, such as complaints, pleadings and orders for the purpose of obtaining juvenile arrest information; juvenile disposition information; juvenile pretrial information; and information concerning the probation status of a juvenile.

b. Records of law enforcement agencies may be disclosed for law enforcement purposes, or for the purpose of reviewing applications for a permit to purchase a handgun or a firearms purchaser identification card to any law enforcement agency of this State, another state or the United States, and the identity of a juvenile under warrant for arrest for commission of an act that would constitute a crime if committed by an adult may be disclosed to the public when necessary to execution of the warrant.

c. At the time of charge, adjudication or disposition, information as to the identity of a juvenile charged with an offense, the offense charged, the adjudication and disposition shall, upon request, be disclosed to:

(1) The victim or a member of the victim's immediate family;

(2) (Deleted by amendment P.L.2005, c. 165).

(3) On a confidential basis, the principal of the school where the juvenile is enrolled for use by the principal and such members of the staff and faculty of the school as the principal deems appropriate for maintaining order, safety or discipline in the school or to planning programs relevant to the juvenile's educational and social development, provided that no record of such information shall be maintained except as authorized by regulation of the Department of Education; or

(4) A party in a subsequent legal proceeding involving the juvenile, upon approval by the court.

d. A law enforcement or prosecuting agency shall, at the time of a charge, adjudication or disposition, advise the principal of the school where the juvenile is enrolled of the identity of the juvenile charged, the offense charged, the adjudication and the disposition if:

(1) The offense occurred on school property or a school bus, occurred at a school-sponsored function or was committed against an employee or official of the school; or

(2) The juvenile was taken into custody as a result of information or evidence provided by school officials; or

(3) The offense, if committed by an adult, would constitute a crime, and the offense:

(a) resulted in death or serious bodily injury or involved an attempt or conspiracy to cause death or serious bodily injury; or

(b) involved the unlawful use or possession of a firearm or other weapon; or

(c) involved the unlawful manufacture, distribution or possession with intent to distribute a controlled dangerous substance or controlled substance analog; or

(d) was committed by a juvenile who acted with a purpose to intimidate an individual or group of individuals because of race, color, religion, sexual orientation or ethnicity; or

(e) would be a crime of the first or second degree.

Information provided to the principal pursuant to this subsection shall be treated as confidential but may be made available to such members of the staff and faculty of the school as the principal deems appropriate for maintaining order, safety or discipline in the school or for planning programs relevant to a juvenile's educational and social development, and no record of such information shall be maintained except as authorized by regulation of the Department of Education.

e. Nothing in this section prohibits a law enforcement or prosecuting agency from providing the principal of a school with information identifying one or more juveniles who are under investigation or have been taken into custody for commission of any act that would constitute an offense if committed by an adult when the law enforcement or prosecuting agency determines that the information may be useful to the principal in maintaining order, safety or discipline in the school or in planning programs relevant to the juvenile's educational and social development. Information provided to the principal pursuant to this subsection shall be treated as confidential but may be made available to such members of the staff and faculty of the school as the principal deems appropriate for maintaining order, safety or discipline in the school or for planning programs relevant to the juvenile's educational and social development. No information provided pursuant to this section shall be maintained.

f. Information as to the identity of a juvenile adjudicated delinquent, the offense, the adjudication and the disposition shall be disclosed to the public where the offense for which the juvenile has been adjudicated delinquent if committed by an adult, would constitute a crime of the first, second or third degree, or aggravated assault, destruction or damage to property to an extent of more than $500.00, unless upon application at the time of disposition the juvenile demonstrates a substantial likelihood that specific and extraordinary harm would result from such disclosure in the specific case. Where the court finds that disclosure would be harmful to the juvenile, the reasons therefor shall be stated on the record.

g. (1) Nothing in this section shall prohibit the establishment and maintaining of a central registry of the records of law enforcement agencies relating to juveniles for the purpose of exchange between State and local law enforcement agencies and prosecutors of this State, another state, or the United States. These records of law enforcement agencies shall be available on a 24-hour basis.

(2) Certain information and records relating to juveniles in the central registry maintained by the courts, as prescribed in paragraph (12) of subsection a. of this section, shall be available to State and local law enforcement agencies and prosecutors on a 24-hour basis.

h. Whoever, except as provided by law, knowingly discloses, publishes, receives, or makes use of or knowingly permits the unauthorized use of information concerning a particular juvenile derived from records listed in subsection a. or acquired in the course of court proceedings, probation, or police duties, shall, upon conviction thereof, be guilty of a disorderly persons offense.

i. Juvenile delinquency proceedings.

(1) Except as provided in paragraph (2) of this subsection, the court may, upon application by the juvenile or his parent or guardian, the prosecutor or any other interested party, including the victim or complainant or members of the news media, permit public attendance during any court proceeding at a delinquency case, where it determines that a substantial likelihood that specific harm to the juvenile would not result. The court shall have the authority to limit and control attendance in any manner and to the extent it deems appropriate;

(2) The court or, in cases where the county prosecutor has entered an appearance, the county prosecutor shall notify the victim or a member of the victim's immediate family of any court proceeding involving the juvenile and the court shall permit the attendance of the victim or family member at the proceeding except when, prior to completing testimony as a witness, the victim or family member is properly sequestered in accordance with the law or the Rules Governing the Courts of the State of New Jersey or when the juvenile or the juvenile's family member shows, by clear and convincing evidence, that such attendance would result in a substantial likelihood that specific harm to the juvenile would result from the attendance of the victim or a family member at a proceeding or any portion of a proceeding and that such harm substantially outweighs the interest of the victim or family member to attend that portion of the proceeding;

(3) The court shall permit a victim, or a family member of a victim to make a statement prior to ordering a disposition in any delinquency proceeding involving an offense that would constitute a crime if committed by an adult.

j. The Department of Education, in consultation with the Attorney General, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.), rules and regulations concerning the creation, maintenance and disclosure of pupil records including information acquired pursuant to this section.

RULE 1:38. Public Access to Court Records and Administrative Records

1:38-1. Policy

Court records and administrative records as defined by R. 1:38-2 and R. 1:38-4 respectively and within the custody and control of the judiciary are open for public inspection and copying except as otherwise provided in this rule. Exceptions enumerated in this rule shall be narrowly construed in order to implement the policy of open access to records of the judiciary. Note: New caption for Rule 1:38 adopted July 16, 2009 to be effective September 1, 2009.

New Rule 1:38-1 adopted July 16, 2009 to be effective September 1, 2009.

1:38-2. Definition of Court Records

• (a) Court record includes:

  • (1) any information maintained by a court in any form in connection with a case or judicial proceeding, including but not limited to pleadings, motions, briefs and their respective attachments, evidentiary exhibits, indices, calendars, and dockets;

  • (2) any order, judgment, opinion, or decree related to a judicial proceeding;

  • (3) any official transcript or recording of a public judicial proceeding, in any form;

  • (4) any information in a computerized case management system created or prepared by the court in connection with a case or judicial proceeding;

  • (5) any record made or maintained by a Surrogate as a judicial officer.

• (b) Court record does not include:

  • (1) information gathered, maintained or stored by a governmental agency or other entity to which the court has access but which is not part of the court record as defined by this rule;

  • (2) unfiled discovery materials in any action.

Note: New Rule 1:38-2 adopted July 16, 2009 to be effective September 1, 2009.

1:38-3. Court Records Excluded from Public Access

• The following court records are excluded from public access:

• • (a) General. Records required to be kept confidential by statute, rule, or prior case law consistent with this rule, unless otherwise ordered by a court.  These records remain confidential even when attached to a non-confidential document.

  • (b) Internal Records.

  • • (1) Notes, memoranda, draft opinions, or other working papers maintained in any form by or for the use of a justice, judge, or judiciary staff member in the course of performing official duties, except those notes, not otherwise excluded from public access under this rule, that are required by rule or law, e.g., R. 7:2-1(e), to be taken as part of the record of the proceeding; 

    • (2)  Records of consultative, advisory, or deliberative discussions pertaining to the rendering of decisions or the management of cases.

  • (c) Records of Criminal and Municipal Court Proceedings.

  • • (1) Discovery materials provided to the Criminal Division Manager's office by the prosecutor pursuant to R. 3:9-1 and R. 3:13-3;

    • (2) Writs to produce prisoners pending execution of the writ;

    • (3) Indictments sealed pursuant to R. 3:6-8(a);

    • (4) Records relating to grand jury proceedings pursuant to R. 3:6-7 except as provided by R. 3:6-6(b) and R. 3:6-9(d);

    • (5) Records relating to participants in drug court programs and programs approved for operation under R. 3:28 (Pre-trial Intervention), and reports made for a court or prosecuting attorney pertaining to persons enrolled in or applications for enrollment in such programs, but not the fact of enrollment and the enrollment conditions imposed by the court;

    • (6) Victim statements unless placed on the record at a public proceeding;

    • (7) Expunged records pursuant to N.J.S.A. 2C:52-15;

    • (8) Reports of the Diagnostic Center to the extent provided under R. 3:21-3;

    • (9) Records relating to child victims of sexual assault or abuse pursuant to N.J.S.A. 2A:82-46;

    • (10) Search warrants pursuant to Rule 3:5-4 and the affidavit or testimony upon which a warrant is based, except as provided in Rules 3:5-6(c) and 3:13-3;

    • (11) Documents, records and transcripts related to proceedings and hearings required by the Supreme Court pursuant to Doe v. Poritz, 142 N.J. 1, 39  (1995), or subsequent orders of the Court;

    • (12)  Names and addresses of victims or alleged victims of domestic violence or sexual offenses.

  • (d) Records of Family Part Proceedings.

  • • (1) Family Case Information Statements required by R. 5:5-2 and Financial Statements in Summary Support Actions required by R. 5:5-3, including all attachments;

      (2) Confidential Litigant Information Sheets pursuant to R. 5:4-2(g);

    • (3) Medical, psychiatric, psychological, and alcohol and drug dependency records, reports, and evaluations in matters related to child support, child custody, or parenting time determinations;

    • (4) Documents, records and transcripts related to proceedings and hearings required by the Supreme Court pursuant to Doe v. Poritz, 142 N.J. 1, 39 (1995), or subsequent orders of the Court;

    • (5) Juvenile delinquency records and reports pursuant to R. 5:19-2 and N.J.S.A. 2A:4A-60;

    • (6) Records of Juvenile Conference Committees to the extent provided under R. 5:25-1(e);

    • (7) Expunged juvenile records pursuant to N.J.S.A. 2A:4A-62f and 2C:52-15;

    • (8) Sealed juvenile records pursuant to N.J.S.A. 2A:4A-62;

    • (9) Domestic violence records and reports pursuant to N.J.S.A. 2C:25-33;

    • (10)  Names and addresses of victims or alleged victims of domestic violence or sexual offenses;

    • (11) Records relating to child victims of sexual assault or abuse pursuant to N.J.S.A. 2A:82-46;

    • (12) Records relating to Division of Youth and Family Services proceedings held pursuant to R. 5:12;

    • (13) Child custody evaluations, reports, and records pursuant to R. 5:8-4, R. 5:8B, N.J.S.A. 9:2-1, or N.J.S.A. 9:2-3;

    • (14) Paternity records and reports, except for the final judgments or birth certificates pursuant to N.J.S.A. 9:17-42;

    • (15) Records and reports relating to child placement matters pursuant to R. 5:13-8(a);

    • (16) Adoption records and reports pursuant to N.J.S.A. 9:3-52;

    • (17) Records of hearings on the welfare or status of a child, to the extent provided under R. 5:3-2.

  • (e) Guardianship records and reports maintained by the Surrogate and by the Chancery Division, Probate Part, except the guardianship index, of which only the following information shall be available for public access: (1) minor's or incapacitated person's name, (2) name of the municipality where the minor or incapacitated person resided when the guardianship was created, (3) name of the guardian, (4) docket number, (5) date of the judgment appointing the guardian, and (6) date of the guardian's qualification.

  • All guardianship records and reports, however, are available to the incapacitated person and the minor upon reaching majority; the incapacitated person's spouse, civil union partner, or domestic partner; the minor's or incapacitated person's parents and siblings; any adult children of the incapacitated person; the guardian appointed in the action; and any attorneys appearing in the guardianship action on behalf of these persons.

  • Further, any person may inspect and copy the following guardianship file documents:  the guardianship judgment, the Letters of Guardianship, and any subsequent order dealing with the powers or limitations of the guardian, provided any financial information contained in these documents, including information on the amount of the bond, is reacted prior to the documents being made available for review or copying.  Any individual or entity seeking other records must demonstrate before a Superior Court judge a special interest in the matter. 

  • (f) Records of Other Proceedings.

  • • (1) Records pertaining to mediation sessions and complementary dispute resolution proceedings pursuant to R. 1:40-4(d) and R. 7:8-1, but not the fact that mediation has occurred;

    • (2) Records and transcripts of civil commitment proceedings, pursuant to N.J.S.A. 30:4-24.3, N.J.S.A. 30:4-27.27(c), N.J.S.A. 30:4-82.4h,  R. 4:74-7, and R.4:74-7A;

    • (3) Police investigative reports, unless admitted into evidence or submitted to the court in support of a motion, brief, or other pleading;

    • (4) Records that are impounded, sealed pursuant to R. 1:38-11, or subject to a protective order pursuant to R. 4:10-3;

    • (5) Criminal, Family, and Probation Division records pertaining to any investigations and reports made by court staff or pursuant to court order for a court or pertaining to persons on probation;

    • (6) Family, Finance and Probation Division records containing information pertaining to persons receiving or ordered to pay child support, including the child(ren); custodial parents; non-custodial parents; legal guardians; putative fathers; family members and any other individuals for whom information may be collected and retained by the court in connection with child support cases subject to Title IV-D of the Social Security Act, 42 U.S.C. 651 et seq. and applicable state and federal statutes, but not the complaint or orders in such cases.

    • (7) Records maintained by the Judiciary that contain identifying information about a person who has or is suspected of having AIDS or HIV infection, pursuant to N.J.S.A. 26:5C-7, except as provided in N.J.S.A. 26:5C-8 and -9;

    • (8) Records of appeals from the Division of Developmental Disabilities in accordance with N.J.S.A. 30:4-24.3.

Note: New Rule 1:38-3 adopted July 16, 2009 to be effective September 1, 2009; subparagraph (b)(1) amended December 9, 2009 to be effective immediately; paragraphs (e) and (f) amended January 5, 2010 to be effective immediately; subparagraph (c)(11) amended, subparagraph (c)(12) adopted, and subparagraph (d)(1) amended February 16, 2010 to be effective immediately; subparagraph (d)(1) amended June 23, 2010 to be effective July 1, 2010; paragraph (e) amended October 26, 2010 to be effective immediately.

1:38-4. Definition of Administrative Records

An administrative record is any information maintained in any form by the judiciary that is not associated with any particular case or judicial proceeding.

Note: New Rule 1:38-4 adopted July 16, 2009 to be effective September 1, 2009.

1:38-5. Administrative Records Excluded from Public Access

• The following administrative records are excluded from public access:

  • (a) Records required to be kept confidential by statute, rule, or prior case law consistent with this rule, unless otherwise ordered by a court;

  • (b) Notes, memoranda, or other working papers maintained in any form by or for the use of a justice, judge or judiciary staff member in the course of his or her official duties, including administrative duties;

  • (c) Minutes, reports, memoranda, notes, and correspondence in any form pertaining to the development and implementation of judiciary rules and policies, including draft versions of rules, policies and procedures, self-critical analysis reports, and peer review reports;

  • (d) Reports, memoranda, and other records pertaining to policies and procedures for court security and data security;

  • (e) Personnel records, except for an employees name, title, position, salary, compensation, dates of service, and date and type of separation;

  • (f) Records concerning volunteers, except for a volunteers name, title, if any, program to which assigned, and dates of service;

  • (g) Juror source lists prepared pursuant to N.J.S.A. 2B:20-2, jury questionnaires completed pursuant to N.J.S.A. 2B:20-3, and preliminary lists prepared pursuant to N.J.S.A. 2B:20-4 of persons to be summoned for possible service as grant or petit jurors, which shall remain confidential, except as provided in Rule 1:8-5, unless otherwise ordered by the Assignment Judge;

  • (h) Reports required to be prepared by trial court judges on a weekly, monthly, or other basis and submitted to the Administrative Director of the Courts pursuant to R. 1:32-1;

  • (i) Records and information obtained and maintained by the Judicial Performance Committee pursuant to R. 1:35A, except as otherwise provided in that rule;

  • (j) Records of the Ethics Telephone Research Service to the extent provided under R. 1:19-9;

  • (k) Records of proceedings concerning advisory opinions of the Committee on Attorney Advertising to the extent provided under R. 1:19A-5;

  • (l) Records relating to attorney discipline to the extent provided under R. 1:20-9;

  • (m) Records of District Fee Arbitration Committees to the extent provided under R. 1:20A-5;

  • (n) Records of the Attorney Disciplinary Oversight Committee to the extent provided under R. 1:20B-4;

  • (o) Records of the Lawyers Fund for Client Protection to the extent provided under R. 1:28-9;

  • (p) Records of the Advisory Committee on Judicial Conduct to the extent provided under R. 2:15-20.

Note: New Rule 1:38-5 adopted July 16, 2009 to be effective September 1, 2009; paragraph (g) amended January 5, 2010 to be effective immediately.

1:38-6. Intergovernmental Exchanges

The Supreme Court may authorize the exchange of information, otherwise excluded from public access, with other branches of state government, with other state governments, and with the federal government when the public benefit of such disclosure outweighs the need for confidentiality. Child support information may be exchanged only to the extent allowed by federal law and regulations.

Note: New Rule 1:38-6 adopted July 16, 2009 to be effective September 1, 2009.

1:38-7. Confidential Personal Identifiers

• (a) Definition of Confidential Personal Identifiers. A confidential personal identifier is a Social Security number, drivers license number, vehicle plate number, insurance policy number, active financial account number, or active credit card number.

• (b) Prohibition on Submission of Confidential Personal Identifiers to the Court. A party shall not set forth confidential personal identifiers as defined in R. 1:38-7(a) in any document or pleading submitted to the court unless otherwise required by statute, rule, administrative directive, or court order; provided, however, that an active financial account number may be identified by the last four digits when the financial account is the subject of the litigation and cannot otherwise be identified.

• (c) Compliance.

  • (1) In every trial Division of the Superior Court where a Case Information Statement is required, parties shall certify in the Case Information Statement that all confidential personal identifiers have been redacted and that subsequent papers submitted to the court will not contain confidential personal identifiers in accordance with the provisions of this rule.

  • (2)  In General Equity Part, Probate Part, and Special Civil Part matters, where no Case Information Statement is required, parties shall include the following language in the first filed pleading as provided in R. 4:5-1(b)(3), "I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)."

    (3) In all criminal matters, the judge shall inform both parties at the time of the defendants arraignment status conference that confidential personal identifiers must be redacted from any documents submitted to the court as provided in R. 1:38-7(b) and R. 3:9-1(c).

• (d) Judgment Debtors. Applications for any writ, order, or judgment issued by the court involving a judgment debtor may include the judgment debtors name(s), address, date of birth, the last four digits of active financial account numbers, and the last four digits of the individuals Social Security number. No other personal identifiers shall be included.

• (e) Redaction of Required Personal Identifiers. When confidential personal identifiers as defined in R. 1:38-7(a) are required by statute, rule, or court order to be included in documents or pleadings, such identifiers shall be redacted before public inspection is permitted. This redaction requirement, however, does not apply to driver's license numbers that the New Jersey Motor Vehicle Commission requires in documents pertaining to the suspension and reinstatement of licenses.

• (f) Redaction of Social Security Numbers from Records in Bulk. Any request for the mass release, in bulk, of electronically stored or microfilmed records containing Social Security numbers must be submitted to the Administrative Director of the Courts. A fee may be charged for the cost of redacting Social Security numbers from such records.

Note: New Rule 1:38-7 adopted July 16, 2009 to be effective September 1, 2009; paragraph (e) amended September 22, 2009 to be effective immediately; subparagraph (c)(2) amended June 23, 2010 to be effective July 1, 2010.

1:38-8. Documents Improperly Submitted to Court

A party or other interested person may request that the court remove from its file an improperly submitted document upon application to the court and notice to all parties. A document is deemed improperly submitted to the court if the person who submitted the document had no legitimate basis in rule or law for doing so and if the document is not an evidentiary exhibit or part of a motion, brief, or other pleading. The party or interested person seeking to have a document removed from a court file bears the burden of proving by a preponderance of the evidence that it was improperly submitted.

Note: New Rule 1:38-8 adopted July 16, 2009 to be effective September 1, 2009.

1:38-9. Fees

The Supreme Court shall establish a schedule of fees for copies of records.

Note: New Rule 1:38-9 adopted July 16, 2009 to be effective September 1, 2009.

1:38-10. Determinations; Appeal Process

• (a) Requests for court records or administrative records to be inspected or copied under this rule shall be directed to the following officers or their designees:

  • (1) Supreme Court records (including committees and offices reporting to the Supreme Court): Clerk of the Supreme Court

  • (2) Superior Court records, Clerks office, including Foreclosure Unit: Clerk of the Superior Court

  • (3) Superior Court records, Appellate Division: Clerk of the Appellate Division

  • (4) Superior Court records, Law and Chancery Divisions (other than Clerks office and Probate Part): Trial Court Administrator of appropriate vicinage

  • (5) Superior Court records, Chancery Division, Probate Part, and Surrogates Court records: Surrogate of appropriate county

  • (6) Tax Court records: Clerk of the Tax Court

  • (7) Municipal Court records: Municipal Court Director or Administrator of appropriate municipal court

  • (8) Administrative Office of the Courts records and all other judiciary records: Deputy Administrative Director of the Courts

• (b) Any person denied access to a court record or administrative record by one of the above officers or their designees may seek review by the Administrative Director of the Courts under procedures established by the Supreme Court, except that an appeal regarding a municipal court record shall first be filed with the Trial Court Administrator of the appropriate vicinage. An appeal from the decision of the Administrative Director shall be filed in the Appellate Division in accordance with R. 2:2-3(a)(2).

Note: New Rule 1:38-10 adopted July 16, 2009 to be effective September 1, 2009.

1:38-11. Sealing of Court Records

• (a) Information in a court record may be sealed by court order for good cause as defined in this section. The moving party shall bear the burden of proving by a preponderance of the evidence that good cause exists.

• (b) Good cause to seal a record shall exist when:

  • (1) Disclosure will likely cause a clearly defined and serious injury to any person or entity; and

  • (2) The persons or entitys interest in privacy substantially outweighs the presumption that all court and administrative records are open for public inspection pursuant to R. 1:38.

• (c) The provisions of this rule do not apply to actions required to be sealed pursuant to the New Jersey False Claims Act (N.J.S.A. 2A:32C-5(c)).
  
• (d) Documents or other materials not exempt from public access under Rule 1:38 may not be filed under seal absent a prior court order mandating the sealing of such documents, and should not be submitted to the court with the motion, which may be filed on short notice, requesting an order to seal.

Note: New Rule 1:38-11 adopted July 16, 2009 to be effective September 1, 2009; new paragraph (c) adopted January 5, 2010 to be effective immediately; new paragraph (d) adopted June 23, 2010 to be effective July 1, 2010.

1:38-12. Unsealing of Court Records

A record that has been sealed by order of the court may be unsealed upon motion by any person or entity. The proponent for continued sealing shall bear the burden of proving by a preponderance of the evidence that good cause continues to exist for sealing the record.

Note: New Rule 1:38-12 adopted July 16, 2009 to be effective September 1, 2009.

1:38-13. Records Available Only in the Form Maintained by the Judiciary

Court records and administrative records are available only in the form in which they are maintained or indexed by the Judiciary. Requests by private individuals or entities for programming, searching, or compilation of records in a form other than as used for the Judiciary's purposes will not be granted.