New York Arrest Records

A New York arrest record carries pertinent information about an arrest made within the state. These details include the apprehended person's name, birth date, and physical descriptors; the circumstances leading to the arrest; charge/offense; the arresting agency; and the arrest time and location. Arrest records are maintained by different agencies in New York, such as the local sheriff's offices, courts, and the New York State Department Of Criminal Justice Services (DCJS).

Are Arrest Records Public in New York?

Yes. According to the New York Freedom of Information (FOIL), arrest records are considered open records and are available to interested persons in New York—except for records whose disclosure is prohibited by law, court rule, or court order. Case in point: sealed and juvenile arrest records (N.Y. Fam. Ct. Act § 381.3) are confidential in New York.

How Do I Look Up Arrest Records in New York?

An individual can query any of the agencies below for a New York arrest record:

The New York State Office of Court Administration (OCA): For $95, a person can submit a Criminal History Record Search request to the Office of Court Administration to retrieve an arrest record. The inquirer must provide the arrested individual's full name and date of birth. Requests can be made online or by mail. For mail submissions, one must complete and submit a completed request form to the address below:

Office of Court Administration

Criminal History Record Search Unit

25 Beaver Street

New York, NY 10004

Note that cash payments are not accepted.

The Sheriff's Office: Citizens can check the website of the Office of the Sheriff in the county where a person was apprehended to look up arrest records. There is also the option of stopping by the office during regular business hours to make inquiries.

New York Department of Criminal Justice Services:** **New York's DCJS maintains official statewide arrest records. However, the NY Freedom of Information Law does not apply to the arrest records maintained by the DCJS. Only authorized persons like a record's subject can request a copy. Fingerprints are needed to search the DCJS's records.

Federal Bureau of Investigation (FBI): The subject of an arrest record can submit a request to the FBI's Criminal Justice Information Services Division to obtain their nationwide arrest records. The fee for this service is $18.

Free Arrest Record Search in New York

A county sheriff's office is the usual place where a person can obtain arrest records in New York for free. Members of the public can visit the sheriff's office in the county of an arrest during working hours to view an arrest record at no cost. A name or a booking number is often needed for the search.

How Long Do Arrests Stay on Your Record in New York?

Arrest records are permanent records in New York. However, the Clean Slate Act allows eligible record holders to seal their records. Section 160.55 of the state's legislature outlines eligibility guidelines for sealing in New York.

Note: New York has no expungement laws regarding arrest records.

How to Seal Arrest Record in New York

When an arrest record is sealed in New York, it is hidden from the public. The record will not show up on criminal record background checks, and the palm print cards and fingerprints, mugshots, and DNA samples taken during a booking will be given back to the offender or destroyed. However, the record will still exist and may be accessed by certain parties, including:

• The subject of the record and anyone they allow to view their record
• Government bodies performing court or law enforcement duties
• Government bodies, when a person applies for a firearm permit
• An employer, when a person applies for a law enforcement job

New York permits the automatic sealing of arrest records in some cases, including:

• Where the arrestee was found not guilty, the case was dismissed, or the case resulted in a non-criminal outcome.
• Offenses committed by children
• Some juvenile offender cases
• Traffic violations such as disorderly conduct or trespass (these are partially sealed)

A person whose record is not automatically sealed may apply for sealing using these steps:

• Request a Criminal Certificate of Disposition Request Form from the court and complete the form.
• Fill out a Notice of Motion. The form must be signed before a notary.
• Submit copies of the forms, plus any document serving as evidence of rehabilitation (e.g., verification of employment, volunteer or charity work, community service) to the Office of the District Attorney. This can be done via mail or in person.
• File the original copies of the forms in a court of jurisdiction.

More details about New York's sealing process are available on the NY Courts and the Attorney General's websites.