Search New York Arrest Records Online

What is Considered an Arrest in New York?
Are Arrest Records Public in New York?
What are the Types of Arrest Records in New York?
How Long Do Arrests Stay on the Record in New York?
How To Seal or Expunge an Arrest Record in New York?

What is Considered an Arrest in New York?

The New York Unified Court System defines an arrest as "when the police take a person into custody on probable cause with or without a warrant." Arrests and arrest procedures in New York State are primarily governed by Part 2, Title H of the New York Criminal Procedure Law (CPL) and other relevant legal frameworks, such as the Fourth Amendment (which provides constitutional protections against unreasonable searches and seizures). Common actions that typically lead to an arrest in the state include:

Engaging in threatening behavior, repeatedly following someone, or making unwanted physical contact
Possessing, manufacturing, selling, or distributing illegal drugs and controlled substances
Driving while intoxicated
Disobeying a court-issued order of protection
Engaging in disorderly conduct in public
Entering or remaining unlawfully on someone else's property

There are certain critical components of an arrest in New York State, namely:

Custody and Control: individuals arrested are under the legal custody of law enforcement and are not free to leave. The officer who effected the arrest is responsible for ensuring the individual's safety and the safety of the public and other officers and must exercise control (sometimes physical) over them to do this.
Legal Authority: Articles 120 and 140 of the state's Criminal Procedure Law authorize law enforcement to carry out an arrest, with or without a warrant. Warrantless arrests can only be made under specific circumstances, which include if a police officer witnesses a crime being committed, has probable cause to believe that a felony has been committed, or if the individual has violated an order of protection. For warrant arrests, the warrant must be issued by a judge and executed following laid-down procedures. Section 35.30 of the New York Penal Law also authorizes officers to use reasonable force when making an arrest or to prevent arrestees from escaping.
Miranda Rights: officers must generally provide anyone they arrest with a Miranda warning when taking them into custody and before interrogation. This warning, derived from the U.S. Supreme Court case Miranda v. Arizona (1966), is intended to protect arrestees from self-incrimination by informing them that they have the right to remain silent and that anything they say can be used against them in court. The officer must also notify the arrestee that they have the right to an attorney or to have an attorney provided for them if they cannot afford one.
Restraint and Transport: after an individual is arrested in New York, they are typically restrained with handcuffs (to prevent them from escaping or causing harm to others) and transported from the place of arrest to a police station or detention facility.
Booking Process: once the arrestee has been transported to a police station, precinct, or detention facility, they go through a booking process. This typically involves documenting their personal information, including their fingerprints and photographs (mugshots), preparing paperwork that details the charges against them, securing evidence seized from them, and placing them in a holding cell pending their arraignment.

Understanding the difference between being detained and being arrested is crucial during interactions with police and other law enforcement officials. Detention generally occurs when an individual is stopped by police, such as during a traffic stop or a stop-and-frisk, but may also take place if a person is brought to a station for questioning. Per New York CPL Section 140.50, police officers only require reasonable suspicion that a crime is being, has been, or is about to be committed to justify detention. On the other hand, an arrest occurs when an individual is formally charged with a crime. The critical difference between these actions is that the individual is usually free to leave at any time during a detention, while this right to leave is suspended once they are arrested.

What is Unlawful Arrest in New York?

Unlawful arrests in New York generally refer to arrests made without legal justification or adhering to the state's criminal procedures, thereby violating the individual's rights (as recognized by state and federal law). Generally, New York law enforcement officers may arrest someone if they have an arrest warrant, probable cause that the person committed a crime, reasonable belief the person is fleeing from a crime scene, or if the individual is obstructing a police investigation or arrest. On the other hand, unlawful arrests (or false arrests, as they are more commonly referred to as) are characterized by certain primary elements, such as:

Lack of Probable Cause: for an arrest to be lawful in New York, there must be probable cause to believe that the arrestee had committed, is committing, or is about to commit a crime.
Arrest Without a Warrant: although Article 140 of the New York Criminal Procedure Law grants police officers the authority to arrest individuals without a warrant under certain conditions, the officers must still adhere to strict legal standards; otherwise, the arrest may be deemed unlawful.
Violation of Constitutional Rights: false arrests in New York can also occur when an individual's constitutional rights are violated during the arrest process. For instance, the Fourth Amendment protects against unreasonable searches and seizures, and arrests conducted in violation of this protection are considered unlawful. Likewise, under New York CPL Section 140.20, any person arrested in the state must be arraigned "without unnecessary delay;" this generally translates to 24 hours (excluding weekends, holidays, and other exigent circumstances). Failing to arraign the individual during this timeframe is considered a violation of their rights, and the arrest may be deemed unlawful.
Racial Profiling and Discrimination: arrests carried out based on racial profiling, discriminatory practices, or without regard to a person's right to free assembly may also be deemed unlawful.
Procedural Violations: police officers must follow specific procedural requirements when making arrests, such as informing the arrestee of their Miranda rights before initiating any custodial interrogation, properly identifying themselves, or only detaining the individual for a reasonable time without formally charging them. Failure to meet these standards may contribute to a false arrest claim.
Mistaken Identity: arrests based on incorrect identification or flawed information are considered false arrests, even if the arresting officer acted in good faith.
Arrest Outside Jurisdiction: police officers generally have the authority to arrest individuals only within their designated geographical boundaries. Any arrests made outside their jurisdictions may be deemed unlawful unless covered by certain exemptions outlined in New York CPL Section 140.10, such as "continuous close pursuit" arrests, where the officer follows the individual from one jurisdiction to another.

There are several consequences of false arrests in New York. These typically include:

Civil Lawsuits: while New York does not have a specific statute for false arrest claims, victims of a false arrest may file a civil lawsuit against the arresting officer, their department, or the municipality under U.S. Code Title 42, Section 1983, or as a state common law claim.
Suppression of Evidence: even though a procedural violation like failing to read an arrestee's Miranda rights does not typically nullify the arrest, it can make any statement obtained from them inadmissible in court. Similarly, evidence obtained from false arrests is typically thrown out during court proceedings.
Criminal Charges: police officers who unlawfully restrain an individual by intentionally and illegally restricting their freedom of movement may face unlawful imprisonment charges under New York Penal Code Sections 135.05 and 135.10, penalized by up to four years in prison and fines of up to $5,000.

Are Arrest Records Public in New York?

The New York Freedom of Information Law grants interested members of the public access to information, including reports, statements, documents, files, books, photos, and computer discs, maintained by governmental agencies (excluding the judiciary and state legislature). Per this law, New York arrest records are generally considered public and may be accessed by interested parties (albeit with certain restrictions).

Some of the information contained in New York arrest records that may be publicly accessed typically include:

The individual's name and date of birth
Their age and address at the time of the arrest
Their sex and race/ethnicity
The date and location of the arrest
An arrest number
The arresting agency and arresting officer's ID
A description of the offense

Sensitive information like the individual's Social Security number is usually redacted from copies of arrest records issued to members of the public. The Freedom of Information Law - specifically Section 89(2)(b) - also restricts the disclosure of an individual's mugshot unless publicly releasing it serves a specific law enforcement purpose. Other types of arrest records/ information that are typically restricted from public access include:

Records of individuals under 19 granted youthful offender status
Arrest records of juveniles adjudicated in family court
Information that may obstruct an ongoing law enforcement investigation or court proceeding, deny a person their right to a free trial, expose confidential sources or information related to a criminal investigation, or divulge investigative techniques (excluding routine methods)
Sealed records

What are the Types of Arrest Records in New York?

New York arrest records are generally accessible at the county level through local police departments and sheriff's offices and also at the state level through the New York State Division of Criminal Justice Services (DCJS). County-level arrest records are typically limited to information on a specific arrest, while state-level records obtained from the DCJC include an individual's entire arrest and conviction history, known as their RAP sheet (rap being an acronym for "record of arrest and prosecution").

Where are Arrest Records Kept in New York?

Several governmental entities generally keep records of arrests carried out in New York, including:

The New York State Division of Criminal Justice Services (DCJS): the DCJS maintains statewide criminal history records that cover an individual's arrest and conviction history (collectively called a rap sheet) and is the state's official source of these records.
Local and County Law Enforcement Agencies: these agencies maintain records of arrests within their jurisdictions. Arrest records obtained from local and county law enforcement agencies typically include the arrestee's name, date of birth, address, the offense committed, and the date and location of the crime and may be accessed by contacting the respective police department or sheriff's office.
The New York State Unified Court System: courts in New York keep records of arrests that lead to legal proceedings and provide access to informal copies of an individual's conviction history.
The New York State Police: this agency maintains records for investigations and arrests associated with state troopers. Copies of these records may also be accessed through the DCJS.
Federal Agencies: the FBI (and other similar federal criminal justice agencies) maintain records of investigations, arrests, and convictions related to federal crimes in New York; the FBI also has access to state-level criminal history records.
Correctional Facilities: the New York Department of Corrections and Community Supervision maintains records of individuals whose arrests led to a conviction and incarceration. These records typically include details of the crime for which the individual was convicted, the location of their incarceration, current custody status, and an expected release date (where applicable). The Federal Bureau of Prisons also maintains similar records for individuals incarcerated in federal correctional facilities located within New York State.

How To Find Public Arrest Records in New York?

Interested parties may access arrest records in New York through several methods, including:

Contacting the Appropriate Local or County Law Enforcement Agency: the primary way to access public arrest records in New York is by contacting local police departments or sheriff's offices. The procedure for accessing these records varies by location but generally involves submitting a written application/request for copies of the required record and paying a copy fee. Be aware that these agencies only maintain records of arrests made within their jurisdictions, so it is important to know which agency handled the arrest.
Performing a Criminal History Record Search: interested parties may access arrest and criminal conviction history records in New York by conducting a statewide criminal history record search (CHRS) via the New York State Office of Court Administration (OCA). These searches are name and date of birth-based and may be initiated online or by submitting a completed application form to the OCA and paying a $95 fee. Be aware that CHRS reports are not considered official records.
Through the New York Division of Criminal Justice Services (DCJS): the DCJS is the only source of official criminal history records in New York (commonly called rap sheets). However, these rap sheets (which detail arrest, indictment, conviction, and sentence information) are not considered public and are generally only accessible to the individual named on the record (as well as certain law enforcement agencies). The DCJS offers two types of records: suppressed and unsuppressed:
- Unsuppressed records detail the individual's entire criminal history, including records sealed under Sections 160.50 to 160.59 and Section 720.35 of the New York State Criminal Procedure Law.
- Suppressed records do not include any sealed or suppressed information

Individuals looking to access their criminal history records from the DCJS must submit their fingerprints through an authorized facilitator and pay the stipulated fees.

Third-party Websites: various reputable third-party websites, including RecordsFinder, generally provide online access to New York arrest records. These platforms typically compile data from multiple sources, including government databases, and allow interested parties to search for public arrest records by name and location, usually for a nominal fee. Be aware that these third-party sites are generally not government-affiliated, and the availability and accuracy of records sourced through them may vary.

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

In New York, arrest records typically remain on a person's record indefinitely unless they are sealed (or expunged) through specific legal processes. For instance, Section 160.50 of the New York State Criminal Procedure Law provides for the automatic sealing of cases where charges are dismissed or the individual is acquitted. Likewise, under the New York Clean Slate Act, records of certain eligible crimes will be automatically sealed three years after the individual's conviction or release from jail for traffic offenses and misdemeanors, and eight years for felonies, provided the offender meets specific conditions. Per the state's Marijuana Regulation and Taxation Act (MRTA), specific marijuana-related convictions may also be expunged.

How To Seal or Expunge an Arrest Record in New York?

New York laws make provisions for individuals to seal certain records. Sealing hides the record from public view, meaning that the record still exists but will be inaccessible to members of the public and won"t show up on most background checks. On the other hand, expungement (as defined by Section 1.20 (45) of the New York State CPL) means that the arrest and all related legal actions, including prosecution and any court rulings, are treated as if they never happened; this effectively erases the record. However, aside from certain marijuana-related offenses, New York does not generally fully erase (expunge) criminal records; eligible records are typically sealed instead.

Certain types of records are automatically sealed in New York (meaning that the individual named on the record does not have to take any action to initiate the process). These typically include:

Records of arrests that ended in a "good result" (an acquittal or dismissal)
Records of violations or traffic infractions (excluding DWIs)
Records of crimes committed by juvenile delinquents and youthful offenders

Individuals who do not fall under this category may apply to get their records sealed under Sections 160.58 and 160.59 of the New York State Criminal Procedure Law:

Individuals with up to two criminal convictions may apply for record sealing under CPL 160.59 provided that they have no more than one felony conviction, at least 10 years have passed since sentencing or release from incarceration, and they have been crime-free during this period. The application process typically involves:
- Obtaining a Criminal Certificate of Disposition
- Completing and notarizing a Sealing Application
- Notifying the District Attorney
- Filing documentation with the necessary courts

Note that expunged convictions, as well as juvenile delinquents, youthful offenders, and non-criminal violations, generally do not count toward the conviction limit. Also, individuals who are registered sex offenders, have an open criminal case, or were convicted of certain serious crimes like felony homicide and child abuse are not eligible for this record sealing. Records of arrests and convictions for an out-of-state or federal offense also cannot be sealed under CPL 160.59.

CPL 160.58 allows for the conditional sealing of drug-related convictions. To qualify for this, the individual must have completed a court-recognized substance abuse treatment program and any imposed sentence; they also cannot have any pending charges. Be aware that this conditional sealing means that the records may be unsealed if the individual is arrested again (the records will be resealed if the individual gets a "good result" on the new charges). There is no application form for a CPL 160.58 sealing; individuals looking to initiate this process must make a motion to the court that sentenced them.

Once sealed, a criminal conviction is hidden from public view and does not appear on a rap sheet. However, certain parties may still access the sealed information, generally including the individual named on the record, their authorized representatives, law enforcement employers, government agencies for court or law enforcement duties, agencies for firearm license applications, and the FBI for firearm-related background checks.