In both the state and federal criminal justice systems, criminal records of arrests, convictions, and other proceedings are generally open to the public. There are limited circumstances under which criminal records may be expunged (deleted). And in some circumstances, criminal records that are not eligible for expungement or expunction may be eligible for sealing or nondisclosure—usually by a court order. If a criminal record is sealed, private parties generally cannot release or access the records, but government agencies—including the police, licensing boards, and other agencies—may access the records. Sealed court records may also be admissible in some court proceedings.

Some documents in a criminal record are not ordinarily available to the public—such as unexecuted summonses or warrants; pretrial bail and presentence reports; juvenile records; documents containing information about jurors; and documents such as expenditure records that might reveal the defense strategies of court-appointed lawyers.

And in some circumstances judges have the authority to seal additional documents or to close hearings that would ordinarily be open to the public. Reasons for such actions can include protecting victims and cooperating witnesses or informants from retaliation; avoiding the release of information that might compromise an ongoing criminal investigation or a defendant’s due process rights; and protecting classified information affecting national security.

Federal judges rarely seal criminal arrest or conviction records. And laws regarding the circumstances under which criminal records may be sealed in a state court criminal prosecution vary from state to state. The state laws governing the sealing or nondisclosure of criminal records are usually located in a state’s statutes.

In New Jersey, criminal records, including arrests, convictions, and other proceedings, are generally public. However, under certain conditions, these records can be expunged or sealed. Expungement in NJ allows for the removal of records from public access, effectively treating the event as if it never occurred. NJ law outlines specific eligibility criteria for expungement, including the type of offense, the amount of time that has passed, and the individual's criminal history. Sealing of records, on the other hand, restricts their accessibility, making them unavailable to private parties but still accessible to government agencies for specific purposes. Certain records are inherently private, such as unexecuted warrants, juvenile records, and documents revealing defense strategies. Additionally, NJ judges have the discretion to seal additional documents or close hearings to protect individuals or sensitive information, though this is less common for federal criminal records. The specific laws and procedures for sealing or nondisclosure of criminal records in New Jersey are detailed in the state's statutes.