New York Criminal Records

A New York criminal record, also called a rap sheet (Records of Arrests and Prosecutions) or "criminal history record," is a comprehensive list of an individual's criminal history and consequent interaction with the criminal justice system. This includes dealings with the courts and law enforcement agencies, including arrests, detentions, convictions, and more.

When state police fingerprint an offender in an ongoing criminal investigation, that data becomes a part of their criminal history. A typical New York criminal record features arrest information, charges, criminal convictions, sentences, the type of crime, and the final verdict. The Division of Criminal Justice Services is New York's central database for criminal records.

Criminal records contribute to the state's criminal justice development and advancement. This includes the progress of a criminal investigation, examining a person's criminal tendencies, and deciding court sentences and dispositions. The New York Criminal History Record guide provides an example of a criminal history record and what information can be included.

Are Criminal Records Public in New York?

Most New York Criminal records are not public. They cannot be disclosed to requesters under the state's Freedom of Information Law guidelines. Likewise, the DCJS does not release criminal history records to third parties.

Given the circumstances of the law and the strict policies of the law enforcement departments, most criminal records are only disclosed to the subject of the record or other authorized requesting parties.

New York criminal histories are regulated by the guiding principles of EXC Law § 845-b. Per NYCRR §6050.1, eligible persons may demand a copy of the complete criminal history record information maintained by the Division of Criminal Justice Services (DCJS). For this purpose, complete criminal history record information shall mean a record of arrests and dispositions. They may also obtain a copy of the subject's redacted criminal history record information, which does not include sealed or suppressed information per the Criminal Procedure Law or the Family Court Act.

New York Crime Records by County

New York crime records are a compilation of the state or county's crime activities and statistics held and reported by New York government agencies to analyze, investigate, and estimate annual overall criminal activity, demographics, arrest rates, crime types, and occurrences.

The Division of Criminal Justice Services, as the central repository of all crime records in New York, maintains, investigates, and publishes criminal and youth justice system data, including crime incidents, arrests, and dispositions. Likewise, local law enforcement report these data, which provide the public and policymakers with information documenting how the criminal justice system operates in their locale.

The overall crime rate of a New York county is computed by dividing the total number of Index crimes submitted by police agencies in each county by the county's population and multiplying the result by 100,000. The U.S. Census Bureau is the central source of county population data. The DCJS applies the same formula to calculate violent crime rates, violent crimes with a firearm, and property crime rates for each county.

Likewise, the New York Police Department maintains and publishes monthly citywide crime statistics and weekly citywide crime statistics, including updated citywide crime data on the NYPD complied statistics portal.

New York Criminal Record Check

Interested persons may conduct a New York criminal record check and a "criminal background check" via the Division of Criminal Justice Services (DCJS). DCJS is the only source of these official records.

Anyone who requests for a criminal history record must first submit their fingerprints. This allows the DCJS to match the fingerprints to fingerprint-based records.

The DCJS will provide either:

• A copy of the requester's New York State rap sheet
• A "no record" response verifying that the subject has no New York State criminal history record.

Anyone who has submitted fingerprints as required by law for employment, licensing, or another purpose (for example, adoptions), also will find that report on their criminal history record response.

One may not request a criminal record response for another person to determine if that person has a criminal history. Requesting one's criminal history record gives them or their attorney the opportunity to review criminal history record information reported to and maintained by DCJS to ensure it is accurate or to correct incomplete or incorrect information. Criminal History Record FAQs provide more details on requesting New York criminal records.

The New York State Office of Court Administration (OCA) also provides a New York Statewide criminal history record search (CHRS) for a fee of $95.00. Authorized persons may submit a CHRS request via the online Direct Access program or by mailing in a CHRS application form. The search criteria are strictly based on an exact match of Name and DOB (variations of Name or DOB are not reported).

However, the court administration office does not maintain criminal records on exempted and sealed criminal records outside their jurisdiction.

Find Criminal Records Online in New York

Only criminal record subjects and authorized personnel can request criminal records in New York. As a result, such mentioned parties are liable for finding criminal records online in New York via the Department of Criminal Justice Services website. Requesters must visit the agency for a fingerprint check to obtain criminal records.

Free Criminal Record Search in New York

Third-party sites and establishments also provide a New York Criminal record search. Typically, one may access these records with the record subject's first name, address, or record custodian name. While a few websites offer free criminal record searches, a nominal fee applies for a full report and printed copies. It is worth noting that records obtained through third-party sources are typically uncertified and have limited applications. Inquirers must verify the information retrieved through them by querying state-operated agencies or custodians.

What Does it Mean if You Have a Criminal Record in New York?

A criminal record status in New York limits one's overall quality of life.

These records typically mean the subject cannot exercise their legal right to vote, own firearms, or obtain a passport. Thus, New York imposed the Clean Slate Act, New York State's Clean Slate Act, on Nov. 16, 2024, and provides the state Office of Court Administration (OCA) up to three years to develop the required processes to seal eligible conviction records automatically.

However, records of individuals convicted of sex crimes and non-drug Class A felonies, including murder, will not be sealed. Police departments, sheriff's offices, prosecutors, the courts, and any employer permitted to perform fingerprint-based background checks on job applicants will continue to have access to all criminal records under the law.

Does Your Criminal Record Clear After 7 Years in New York

No, a person's criminal record in New York is not cleared after 7 years. According to the custodian retention limit, a person still has a New York criminal record, except for sealed or expunged criminal records per CPL 160.59.

However, certificates like the Certificate of Relief from Civil Disabilities and the Certificate of Good Conduct can remove the consequences of a criminal record. The certificates can regain the rights that the subject lost because of their conviction. This means the person won't be disqualified for a particular job or license. If a record that is supposed to be sealed comes up on a person's Criminal Records search, they may ask to seal that record.

Arrest Record Vs Criminal Record

A criminal record is a complete summary and report of a person's criminal history, including arrest, detention, and sentencing. An arrest record, on the other hand, details a person's arrest and committed crime. A person has an arrest record whether or not their case was prosecuted in court or not.

The Department of Criminal Justice Services is the central source of all criminal records, while the local police agencies and sheriffs maintain arrest records.

New York Police Records

New York police records contain information on state or county crimes, incidents, and activities maintained by the police. This includes traffic infractions, arrest reports, crime reports, accident cases, service logs, 911 calls, and warrants.

The Freedom of Information Law ("FOIL"), Article 6 (Sections 84-90) of the NYS Public Officers Law, provides public access records maintained by government agencies with certain exceptions, unlike criminal records.