Juvenile Records

How does a juvenile seal arrest or court records?

Juveniles have the right to seal arrest and court records and may request a record sealing order by showing a period of good behavior or enlistment in the military.

Good Behavior: The subject of a juvenile complaint may request an order prohibiting disclosure of social, medical, psychological, legal and other records of the court and probation services, and records of law enforcement agencies.  Before the court grants an order, a juvenile must show that (a) two years have elapsed since the final discharge from legal custody or supervision, or from the entry of any other court order not involving custody or supervision, (b) the juvenile has not been convicted of a crime, disorderly persons offense, or adjudged delinquent, during the two years prior to filing the motion, and (c) no juvenile or criminal matter is pending.

Enlistment:  Subject to certain limitations, a juvenile may request a sealing order at any time after the date of adjudication by enlisting in the U.S. military.  A juvenile must present the court with a duly verified petition, setting forth all the facts in the matter, including proof of both enlistment and acceptance in a branch of the armed forces.  Following an individual’s prayer for relief, the court may grant an order to seal all records concerning an adjudication – including records of the court, probation services and law enforcement agencies.  If a juvenile fails to enter the armed forces, the sealing order is nullified.

Prior to sealing a juvenile’s records, written notice of the motion must be given to the following state agencies: the Attorney General and county prosecutor; any law enforcement agency or central depository with files and records included in the motion; and the institution, parole, or probation authority that granted the juvenile’s final discharge.

Sealed records are maintained by the Central Reception and Assignment Facility (CRAF); upon a court’s order, all records will be forwarded to CRAF for placement in the established sealed records file.  Once the juvenile’s records are sealed, all index references shall be marked “not available” or “no record.”  Upon inquiry, an individual and all law enforcement offices and departments may respond that there is no record with respect to such person.  However, any subsequent adjudication of delinquency or conviction by an individual nullifies the prior sealing order.

Who has access to sealed juvenile records?

Sealed juvenile records may be maintained for the purposes of prior offender status, identification, and law enforcement. The court may permit subsequent inspection by persons named in the motion to seal the records; the court will also permit disclosure, by special order, to any clinic, hospital, or agency treating or caring for a juvenile, or to individuals or agencies engaged in fact-finding or research.

Do juveniles have the ability to expunge arrest and court records?

A juvenile may, at any time, petition to have an arrest that did not result in an adjudication of delinquency expunged. Such petition may be granted unless the acquittal, discharge or dismissal of charges were the result of a plea bargaining agreement involving other juvenile adjudications. 

With regards to court records, a juvenile may have either an entire juvenile record or a single adjudication expunged.

Entire record: An entire juvenile record may be expunged upon showing that (a) five years have elapsed since the final discharge from legal custody or supervision, or from the entry of any other court order not involving custody or supervision, (b) the juvenile has not been convicted of a crime, a disorderly persons offense, adjudged delinquent, or in need of supervision during that period, (c) no juvenile or criminal matter is pending, (d) the juvenile has not been adjudicated delinquent for a disqualifying offense, (e) the juvenile has never had an adult conviction expunged, and (f) the juvenile has never had an adult criminal charge dismissed following completion of a supervisory treatment or diversion program.  Post-incarceration supervision is not included in the five-year time calculation.

Single Adjudication: Expungement of a single adjudication varies depending on whether the act, if committed by an adult, constituted a crime, a disorderly or petty disorderly persons offense, or an ordinance violation.  Expungement in any of these three circumstances takes place by the same process as expungement of an adult record. In order to have the record expunged, the individual must present a duly verified petition to the Superior Court in the county where the adjudication occurred, along with statements required by statute. After a hearing, the court may deny expungement for reasons including, but not limited to, objection of a party put on notice of the petition, that the need for availability of the records outweighs the desirability of having a person freed from any disabilities, or a prior expungement.

Expungement of an act constituting a crime

Generally, if adjudicated delinquent for an act which, if committed by an adult, would constitute a crime, an individual may present a petitionto the court for expungement after ten years have elapsed, provided the individual (a) has not been adjudicated delinquent or convicted of any prior or subsequent crime, and (b) has not been adjudged a disorderly person or petty disorderly person on more than two occasions.  Adjudication on a disorderly persons offense or petty disorderly persons offense, while not an absolute bar to expungement, may be considered by the court and can form a basis for denial.

Should an individual wish to have the record expunged prior to the ten-year period, at least five years must have passed without conviction for any crime, disorderly persons offense, or petty disorderly persons offense since the prior conviction.The court, in considering such a petition, must consider the nature of the offense and an applicant’s character and conduct since the adjudication, and may expunge the record only if it finds that expungement is in the public interest.

Expungement of an act constituting a disorderly or petty disorderly persons offense

An individual adjudicated delinquent of a crime which, if committed by an adult, would constitute a disorderly persons or petty disorderly persons offense may petition to have the record of such adjudication expunged after five years, provided that an individual has not been (a) convicted or adjudicated delinquent for any prior or subsequent crime, or (b) convicted or adjudicated delinquent for another three disorderly persons or petty disorderly persons offenses.

Expungement of an act constituting the violation of an ordinance

If two years have elapsed and an individual has (a) not been convicted or adjudicated delinquent for any prior or subsequent act constituting a crime and (b) not been convicted or adjudicated delinquent for more than two disorderly persons or petty disorderly persons offenses, an individual may present a duly verified petition requesting expungement of all records and information pertaining to the violation.

New Jersey’s state judiciary website provides a guide on expunging juvenile records.  The guide provides general instructions and includes relevant forms.

Who has access to expunged juvenile records?

With few exceptions, once juvenile records are expunged, all information pertaining to the arrest, adjudication, or any related proceedings is deemed not to have occurred, and an individual may answer any questions relating to the records accordingly.

Challenging Court Record and Arrest Record Accuracy

Although New Jersey does not have any statutes that specifically address challenging the accuracy of juvenile court and arrest records, if an individual wishes to correct or supplement a prior record, and feels as though the current record does not truly and fully disclose what occurred in court, (s)he may apply on motion to that court to “settle the record”.  Following that court’s determination, the appellate court, either on motion or sua sponte, may review the determination and order a correction of the record.

NJSA 2C:52-4.1

a. Any person adjudged a juvenile delinquent may have such adjudication expunged as follows:

(1) Pursuant to N.J.S.2C:52-2, if the act committed by the juvenile would have constituted a crime if committed by an adult;

(2) Pursuant to N.J.S.2C:52-3, if the act committed by the juvenile would have constituted a disorderly or petty disorderly persons offense if committed by an adult; or

(3) Pursuant to N.J.S.2C:52-4, if the act committed by the juvenile would have constituted an ordinance violation if committed by an adult.

For purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult.

b. Additionally, any person who has been adjudged a juvenile delinquent may have his entire record of delinquency adjudications expunged if:

(1) Five years have elapsed since the final discharge of the person from legal custody or supervision or 5 years have elapsed after the entry of any other court order not involving custody or supervision, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c. 77 (C.2A:4A-44), shall not be considered in calculating the five-year period for purposes of this paragraph;

(2) He has not been convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the 5 years prior to the filing the petition, and no proceeding or complaint is pending seeking such a conviction or adjudication, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c. 77 (C.2A:4A-44), shall not be considered in calculating the five-year period for purposes of this paragraph;

(3) He was never adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement under N.J.S.2C:52-2;

(4) He has never had an adult conviction expunged; and

(5) He has never had adult criminal charges dismissed following completion of a supervisory treatment or other diversion program.

c. Any person who has been charged with an act of delinquency and against whom proceedings were dismissed may have the filing of those charges expunged pursuant to the provisions of N.J.S.2C:52-6.