New York Criminal Records

Recent statistics indicate that New York has an overall crime rate of 21.51 per 1,000 residents - the state's violent crime rate is also estimated to be around 4.29 per 1,000.

New York criminal records collectively refer to documents detailing arrests, criminal charges, indictments, and court outcomes in New York. These include arrest reports, plea agreements, disposition information, sentencing details, inmate/jail records, and other related documents that provide information on a person's interactions with the state's criminal justice system.

The New York State Division of Criminal Justice Services (DCJS) is statutorily designated as the central repository for criminal history record information collated across New York. Nevertheless, various government agencies, such as county sheriff's offices, local police departments, the New York State Police, the New York State Unified Court System, and the New York Department of Corrections and Community Supervision (DOCCS) also maintain and provide access to criminal records as well.

Are Criminal Records Public in New York?

Whether or not a criminal record is public in New York is primarily determined by the type of record and the agency maintaining it. While most records held by government agencies, including criminal records, are generally considered public records under the New York Freedom of Information Law (FOIL), several exemptions exist to protect privacy and ongoing investigations. Examples include records that can identify confidential sources and informants, or danger the life and safety of any person if disclosed.

Likewise, Article 35 of the New York Executive Law restricts access to criminal history records held by the state's Division of Criminal Justice Service to the person named on the record, law enforcement, and certain employers. Other types of criminal records that are not readily accessible to the general public include records of individuals granted youthful offender status and juveniles adjudicated in family court, probation reports pre-sentence memoranda, and sealed court records.

How To Look Up Criminal Records in New York?

The Division of Criminal Justice Services (DCJS) is the official source for certified copies of criminal history records in New York. However, it is important to note that criminal records maintained by this agency are not considered public records; as such, they may only be accessed by the subject of the record (and certain other authorized parties, including law enforcement). The DCJS offers eligible parties two types of criminal records:

• Unsuppressed records, which detail the person's entire criminal history, including sealed records.
• Suppressed records, which do not include sealed records or criminal history information that has been suppressed, like dismissed charges and youthful offender adjudications.

To obtain copies of your criminal records from the DCJS, you must first schedule a fingerprinting appointment. This may be done online or by calling (877) 472-6915. Depending on the type of record you wish to obtain, you will need to provide one of the following codes - 15464Z (for suppressed records) or 15465F (for unsuppressed records).

At the appointment, you must provide a valid ID (parents or guardians requesting records on behalf of minors aged 11 -17 who do not have an acceptable ID must submit a New York Photo ID Waiver for Minors form) and pay the stipulated fee. This is usually $14.25 for requesters living in New York and $44.25 for out-of-state requesters. Requests are typically processed within 3 - 4 weeks and the records will be delivered via U.S mail.

How To Search New York Arrest Records?

Arrest records in New York are primarily generated by local police departments and county sheriff's offices; however, the New York State Police also generates records for arrests carried out by state troopers. These records typically contain the following information:

• The arrestee's name, date of birth, sex, and ethnicity
• The arrestee's age and address at the time of the arrest
• The date and location of the arrest
• The arresting agency and arresting officer's ID
• A description of the offense(s) that lead to the arrest
• An arrest number

The main way to access arrest records in New York is through the specific arresting agency. You will often be required to submit a written request; fees may also apply.

The New York State Office of Court Administration also offers an online platform that may be used to perform a statewide name-based search for records of arrests that resulted in misdemeanor or felony proceedings in a Town, Village, City, County, or Supreme Court. There is a $95 fee for this search, and you will need to create a user account to submit your request.

How To Search New York Warrants?

New York warrants are legal documents issued by judges that authorize specific law enforcement actions, such as making an arrest or searching a premises. Common examples of these warrants include:

• Arrest Warrants: These authorize the arrest of a suspect.
• Search Warrants: These authorize the search of a specific location.
• Bench Warrants: These are issued when a person fails to appear in court.
• Civil Warrants: These are issued to enforce court orders and/or judgments in civil cases.
• Extradition warrants: These are issued when a person who is wanted for a crime in one jurisdiction is currently believed to be in another location.
• Kendra's Law/Mental Hygiene Law Arrests: These are issued for individuals with a history of mental illness.

You may get information on warrants by contacting either the law enforcement agency or criminal court in the jurisdiction where you believe the warrant was issued. The New York State Unified Court System also offers a centralized platform that may be used to search for active warrants online (fees apply). Be aware that access to information on certain active warrants may be restricted to protect the integrity of ongoing investigations.

Arrest-related warrants in New York (including bench warrants) do not have an expiry date; these warrants remain active until the person is arrested, dies, or brought before the judge who issued the warrant. However, search warrants must be executed no later than 10 days after being issued.

Can I Obtain a New York Criminal History Record of Another Person?

Official New York criminal history records maintained by the state's Division of Criminal Justice Services are not open to the public and may only be accessed by authorized parties, including the subject of the record and certain employers or licensing agencies.

Nevertheless, the New York State Unified Court System offers public access to criminal history record searches through its Office of Court Administration (OCA). These searches are based on an exact match of both the Name and Date of Birth (DOB) provided and will provide results related to open or pending cases, as well as convictions in criminal matters from Town, Village, City, County, and Supreme Courts across the state. However, it is important to note that criminal records obtained from these searches are not certified records.

How To Expunge or Seal New York Criminal Records

Record sealing restricts access to a criminal record and makes it inaccessible without special authorization, while expungement completely erases the record. While New York does not typically offer expungement, certain marijuana-related offenses were automatically expunged under the state's Marijuana Regulation and Taxation Act (MRTA). On the other hand, most criminal records may be sealed, in line with the provisions of Article 160 of the New York State Criminal Procedure Law. Note that certain crimes, such as convictions for serious crimes (like felony homicide and child abuse) and offenses that require registration as a sex offender, cannot be sealed.

New York law offers three pathways for record sealing:

• Automatic Sealing: here, the person with the record does not have to take any action to initiate the record sealing process. Automatic sealing in New York typically only applies to records of arrests that ended in a dismissal or acquittal, juvenile delinquent and youthful offender records, violations, and traffic infractions (except DWIS). Certain convictions may also be sealed automatically if the offender meets specific eligibility criteria and a stipulated waiting period has elapsed following the completion of the imposed sentence (usually three years for traffic offenses and misdemeanors, and eight years for felonies).
• Petition-based Sealing: this option is available for individuals who do not qualify for automatic sealing, and requires the person to file a petition with the court that handled the case.
• Conditional Sealing: this option is only available for certain drug-related crimes. Records sealed under this option are typically unsealed if the person is rearrested, and will be resealed if they are acquitted or the charges are dismissed.

The record sealing process (for non-automatic sealing) typically includes the following steps:

• Determine that you meet the eligibility criteria for your sealing option. This may include not having more than two convictions or any pending charges, and completing a stipulated waiting period (after you have completed the imposed sentence).
• File a petition with the court that handled the case (necessary documents are typically available at the court).
• Attend any scheduled court hearings. Note that the District Attorney's Office (and other relevant parties) may be invited to speak or submit documents for or against the sealing request. Once the petition and all supporting documents are reviewed, the court will make its decision on whether to seal the records or deny the request.

What Are the Limitations To the Use of Criminal Records for Employment, Licensing, and Housing in New York?

Per the Fair Chance Act, federal agencies and contractors in New York cannot ask about a job applicant's criminal history until after a conditional job offer has been extended. Several state and local laws also limit the use of New York criminal records for employment, licensing, and housing.

For instance, Article 23-A of the state's Correction Law limits the denial of employment or licensing based on criminal convictions, unless there's a direct relationship between the offense and the job/license sought or an unreasonable risk to public safety. Similarly, the New York City Fair Chance Housing Law prohibits most housing providers from discriminating against renters and buyers based on their criminal records. However, under this law, felonies within the last five years, misdemeanors within the last three years, and sex offenses may still be considered.

Can I Access New York Criminal Records for Free Online?

While some private websites offer online access to New York criminal records, their accuracy and reliability can be questionable. To get accurate and up-to-date information on New York criminal records online, it is advisable to utilize official sources like the New York State Unified Court System's CHRS platform and/or reputable third-party websites like NewYorkPublicRecords.us.