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1. Are accident reports considered public information?

Yes. Because you are required by law to make a report of a motor vehicle accident, a New Jersey Crash report is considered public information. Some fatal accident reports can be considered criminal investigatory reports.

2. Is a victim of identity theft entitled to a copy of the investigation report?

Yes. Under N.J.S.A. 2C:21-176, law enforcement agencies are required to provide a copy of the report to identity theft victims.

3. Is arrest or crime information considered public information?

Yes. Where a crime has been reported but no arrest yet made, information as to the type of crime, time, location and type of weapon, if any.

Helpful Information

• If an arrest has been made for any crime information as to the name, address and age of any victims, unless there has not been sufficient opportunity for notification of next of kin of any victims of injury and/or death to any such victim or where the release of the names of any victim would be contrary to existing law or court rule. In deciding on the release of information as to the identity of a victim, the safety of the victim and the victim's family, and the integrity of any ongoing investigation, shall be considered
• Information as to the defendant's name, age, residence, occupation, marital status and similar background information and the identity of the complaining party, unless the release of such information is contrary to existing law or court rule
• Information as to the identity of the investigating and arresting personnel and agency and the length of the investigation
• Information of the circumstances immediately surrounding the arrest, including but not limited to the time and place of the arrest, resistance, if any, pursuit, possession and nature and use of weapons and ammunition by the suspect and by the police
• Information as to circumstances surrounding bail, whether it was posted and amount thereof

When it shall appear that the information requested or to be examined will jeopardize the safety of any person or jeopardize any investigation in progress or may be otherwise inappropriate to release, such information may be withheld. This section is intended to be narrowly construed to prevent disclosure of information which would be truly harmful to a bona fide law enforcement purpose or public safety if released.

4. Can I do a check on my friend, neighbor or relative?

No. State law governs the dissemination of criminal history record information compiled and maintained by the Division of State Police. New Jersey's Open Public Records Act (OPRA), N.J.S.A. 47:1A-1, et seq. exempts criminal history record information from the category of records automatically available to the public. Only a federal or state statute, rule, regulation, administrative code or executive order could mandate release of criminal history record information to you. Criminal history record information may only be accessed by an authorized individual or agency for an authorized purpose

5. Can I do a record check on a prospective employee (babysitter, gardener)?

Yes. N.J.A.C. 13:59-1.2(a)2 authorizes the dissemination of criminal history record information to a person or non-governmental entity of this State for the purpose of employment.

6. My previous employer did a record check; is it necessary to have another done for a new job?

Yes. Since the results of a record check are dated and may have changed since your last background check, your new employer may require a new check be conducted. This, of course, is at the discretion of your new employer.

7. Can an attorney or private detective do a background check?

Yes. N.J.A.C. 13:59-1.2(a)3 authorizes attorneys licensed by the state of New Jersey to obtain criminal history record information for any contested matters docketed in any State or Federal courts or administrative agencies of this state.

8. How do I submit a request?

Yes. N.J.A.C. 13:59-1.2(a)4 authorizes private detectives licensed by the Division of State Police pursuant to N.J.S.A. 45:19-8, et seq, for purposes of obtaining information in furtherance of the performance of their statutorily authorized functions, as specifically enumerated by N.J.S.A. 45:19-9(a)1 to 9.

Requests may be submitted utilizing the SBI 212B Form.