In New Jersey, if you've had a restraining order taken out against you, you're on the state's Domestic Violence Central Registry. Individuals who have criminal domestic violence convictions and who have violated a court order related to domestic violence are also included on the registry. While this registry isn't open to the public, it can limit your life and opportunities.
For those on the central registry, the question becomes what they can do to remove their name from the registry. It's not as simple as requesting your name be removed, and navigating the process can be a headache in and of itself.
If you're currently on New Jersey's domestic violence central registry, the Lento Law Firm Criminal Defense Team can help you understand your options for how to remove your name from the registry. Contact us using this form or by calling us at 888-535-3686.
What Is the Domestic Violence Central Registry?
New Jersey created the central registry, sometimes referred to as the DVCR, as a way to have a single database related to domestic violence. It includes both the records for individuals who have restraining orders against them or a history of domestic violence.
The purpose of the registry is to make it easier for law enforcement and court staff to access information on restraining orders and domestic violence convictions. A second goal is to better protect victims of domestic violence.
While those charged with crimes are included on the central registry, a criminal charge or conviction isn't required as part of placement on the registry. A restraining order or violating a court order related to domestic violence is also enough to place someone on the registry.
The central registry isn't public information. There's no central registry website or public database. New Jersey limits access to law enforcement, court staff, and certain public agencies.
For individuals and public agencies that have permission to access the central registry, they can access central registry records, in whole or in part, for the following reasons:
- An investigation into alleged domestic violence
- When preparing documents related to an adoption
- A background investigation as part of an application for a firearm permit
- A background investigation as part of the hiring process for police or law enforcement officers
- The Division of Child Protection and Permanency in the Department of Children and Families is investigating allegations of abuse or neglect involving any adult within a child's household or before a child is placed in foster care or other out-of-home placement
- Any other purpose authorized by the New Jersey Supreme Court or other laws
In other words, public agencies and their employees cannot access the central registry for any reason. Any record request from the central registry must fall into one of the above categories.
Anyone who has access to central registry records must ensure they remain confidential. Using the central registry or sharing information on it for reasons beyond those allowed by the law and the Supreme Court of New Jersey may be charged with a fourth-degree crime.
If you suspect someone has accessed your records from the central registry for an unauthorized reason or has violated your record's confidentiality, contact the Lento Law Firm Criminal Defense Team. Someone misusing your central registry records can negatively impact your life, which is one reason why you should expunge your record when possible.
What Types of Restraining Orders Are Included on the Central Registry?
The Domestic Violence Central Registry includes all different types of restraining orders. This includes:
- An active temporary restraining order
- An indefinite temporary restraining order
- A final restraining order
- A dismissed temporary or final restraining order
- A temporary or final protective order under the Sexual Assault Survivor's Protection Act
This means that even individuals with temporary orders or expired orders may still be included on the Central Registry. Put another way, even after you no longer have a restraining order against you, your name may still be included on the Central Registry.
Out-of-State Restraining Orders
The state also has procedures in place to include out-of-state orders on the Central Registry. New Jersey has no obligation to inform an individual that their out-of-state restraining order has resulted in them being included on the central registry.
In general, out-of-state restraining orders are added to the DVCR at the request of the plaintiff, or the individual who took out the restraining order. This is in addition to being able to request a New Jersey restraining order related to an out-of-state order.
If you have an out-of-state restraining order against you and believe or know you're on the New Jersey Central Registry, contact the Lento Law Firm Criminal Defense Team. In these situations, trying to expunge your name from the DVCR will likely require navigating multiple states' laws.
Removing Your Name From the Registry
New Jersey doesn't have explicit requirements for removing a name from the central registry. To remove your name, you need to look at why your name was first placed on the registry in the first place.
If you have a restraining order, you need to focus on how to rescind it. If you have a criminal conviction related to domestic violence, your focus is on how to seal or expunge that conviction.
Expunging a Criminal Conviction
New Jersey allows individuals to request an expungement of their record to remove the following information:
- An arrest
- The entirety of a case's court proceedings
- A criminal or juvenile conviction
- A case's outcome, including sentencing
New Jersey recommends that individuals hire an attorney, such as the Lento Law Firm Criminal Defense Team, to help them navigate the expungement process. Collecting evidence and building the petition are processes that can sound simple on paper but are much more complex in action.
Individuals must provide the following information. Note that this information must include every arrest, charge, and prosecution. This includes charges and convictions that individuals don't plan to expunge. Petitions that don't include a complete criminal history are likely to be denied.
- When listing all arrests, charges, and prosecutions on a petition for expungement, each case must include the following information:
For adults, the date of arrest - For juvenile offenses, the date you were taken into custody
- For juveniles, what laws and offenses you were arrested for and convicted
- For each case, the original indictment, accusation, summons, docket number, warrant number, or complaint.
- Date of the disposition, such as:
- Date of conviction or adjudication of delinquency
- Date of not guilty verdict
- Date of dismissal
- The specific sentencing, punishment, or other outcome
Expungement Steps
New Jersey lists the following steps in the expungement process:
- Request for State Policy Criminal History Record and Fingerprint Check
- Individuals do not need to complete this step if they already have their full history on arrests, charges, and dispositions
- Complete these forms:
- Petition for Expungement
- Order for Hearing
- Filing Cover Letter
- File, Copy, and Serve Forms
- Make sure to keep at least one copy of the forms for your records
- File two copies with the court
- Submit the Filed Copies within five days of the Order for Hearing being signed
- After submitting the required forms to the court, you will receive the filed copies. You will then need to make multiple copies of these forms.
- Including a cover letter is optional
- Send the filed copies, via certified mail, to:
- The Attorney General of New Jersey
- The Superintendent of State Police, Expungement Unit
- The County Prosecutor
- If a municipal court is involved, a municipal court administrator
- The chief of police or other relevant law enforcement head
- Any other heads of involved state law enforcement agencies
- If you were incarcerated, the warden or head of the institution where you were incarcerated
- All involved county probation offices
- For cases that involved the State Grand Jury, the Division of Criminal Justice, Records, and Identification Unit
- Once you receive all certified mail return receipt cards, complete a Proof of Notice Form
- Check if the involved court requires that you submit the proof of mailing before or at the hearing
- If providing this information to the court before the hearing and by mail, send it via certified mail so that you have confirmation the court received the form
- Go to the hearing if required
- Not all counties require that you attend the hearing
- Arrive early
- Bring all required documents
What Happens at an Expungement Hearing
There are multiple ways an expungement hearing can proceed. Below are a few of the more common outcomes, although each case is unique and may not follow any of these examples.
In some cases, a court may order an expungement without a hearing. In this situation, a court will mail you a signed and filed Expungement Order.
Law enforcement officers may be present at the hearing. In some cases, they are there to object to the expungement. When this occurs, the law enforcement officer must explain their reasons for opposing the expungement.
When law enforcement objects to an expungement, the judge should then ask you questions. Following your answers, the law enforcement officer will have the chance to respond. The judge will then decide to grant or deny the expungement.
A judge may deny an expungement when:
- Having the record available outweighs the detriment to you
- Any laws would bar an expungement
- The arrest or conviction in question is currently part of an active civil lawsuit
Certain crimes are barred from expungement. This includes aggravated sexual assault. If your domestic violence charge involves or relates to an arrest or conviction for aggravated sexual assault, you should contact the Lento Law Firm Criminal Defense Team.
Rescinding a Restraining Order
You cannot expunge a restraining order, but that doesn't mean you can't have a restraining order lifted. In legal terms, expungement generally refers to criminal charges and convictions, and restraining orders aren't criminal charges or convictions.
In New Jersey, once you have a final restraining order, it lasts indefinitely or until either party petitions to remove or modify the restraining order. Either you or the person who took the restraining order out against you can request a court to drop the restraining order.
When the person who took out the restraining order asks for it to be removed, one of the court's top considerations is that the person is doing this under their own initiative. Any evidence that they are being coerced, threatened, or forced will likely result in the restraining order remaining.
Other factors a court may consider when someone petitions to remove a restraining order:
- Does the plaintiff have a reasonable fear of the defendant?
- What is the relationship between the two parties?
- Has the defendant ever violated the restraining order?
- Has the defendant committed any other acts of violence?
- Has the defendant participated in domestic violence counseling or therapy or otherwise shown evidence of a desire to change?
- What is the defendant's age and health? How often do they use drugs or alcohol?
- Are both parties acting in good faith?
- Does the defendant have any other restraining orders against them, either in New Jersey or another state?
- Any other relevant factors
In general, defendants should be able to show that they have worked to change, correct, or improve their behavior or the circumstances that contributed to the original restraining order. Judges need to see evidence of good cause to lift the restraining order.
Temporary Restraining Orders
Even after a temporary restraining order expires without a final restraining order, your name may still be included on the domestic violence central registry. You don't need to petition a court because the restraining order is inactive, but you will likely need to petition for your name to be removed.
Removing Your Name from the Central Registry
Once you've had your file expunged or a restraining order rescinded, your next step is to make sure that your name is removed from the Domestic Violence Central Registry. New Jersey doesn't make the process to remove your name from the DVCR easy to understand.
New Jersey may try to argue that having information about a previous restraining order or criminal conviction is necessary as part of the central registry's purpose. The Lento Law Firm Criminal Defense Team can help you learn about this process and what you need to do to remove your name from the registry.
Clear Your History
Everyone makes mistakes. Sometimes those mistakes result in criminal charges or restraining orders, but if and when you've served your time and improved, you should be able to move forward with your life.
Expunging a criminal record or rescinding a restraining order doesn't result in your name being automatically removed from the Domestic Violence Central Registry. The Lento Law Firm Criminal Defense Team can help you expunge your name and move forward with your life. Contact us using this form or by calling us at 888-535-3686.
