Your Arrest Information Becomes Public Record

When you are arrested in New Jersey, your name, address, and charges become part of the public record. (The only exception is juvenile and a few domestic violence matters.)
Because these records are publicly accessible, private companies and search engines can collect, store, and resell this information indefinitely. Employers rely on these inexpensive internet-based background checks because they are fast, cheap, and convenient—often much quicker than requesting an official state or FBI report.

Why Private Databases Rarely Update After an Expungement

Court records are open to the public, which is why a celebrity arrest becomes headline news overnight. Private background check companies continuously pull information from these public records, storing it in their own databases.

However, when your record is later expunged, these companies:

• Are not notified by the courts
• Are not legally required to update or remove the old data
• Do not monitor whether a case has been cleared or dismissed
• Often continue reporting outdated information long after an expungement is granted

Neither the courts, the New Jersey State Police, nor the FBI maintain lists of who has accessed your records. This means outdated data can still appear in private background checks—even after the law considers your record cleared.

This problem was highlighted in major national publications, including The New York Times (October 17, 2006) and The Wall Street Journal (November 11, 2009). Although old, the underlying issue remains: private databases continue to store and republish criminal history without automatic updates.

What This Means for You

Because of the rise of internet search engines and private data-collection companies, our office’s opinion is that an expungement in New Jersey is helpful only in limited situations. While an expungement you may still benefit you in specific legal or governmental contexts, it may not fully erase your history from the private background check ecosystem.

If you are considering an expungement, we encourage you to speak with an attorney first to determine whether it will provide the results you expect.

How Expungement Can Affect Immigration and International Travel

If your criminal records are sealed or expunged, you may encounter unexpected problems with USCIS when applying for U.S. citizenship or a green card. Once a record is expunged, you may no longer be able to access or obtain a copy of that criminal history, even if USCIS requests it. This can lead to delays, complications, or denials during the immigration process.

Expungement can also affect international travel. Some countries require applicants to provide an official copy of their criminal record before issuing a visa or allowing entry. If your record has been expunged, you may not be able to obtain the documentation those countries require, which could result in denied visas or refusal of entry.

Before pursuing an expungement, it’s important to understand how it may impact immigration filings, background checks, and future travel. Our office can help you evaluate your options and avoid unintended consequences.