New York Arrest Records

With an annual average of about 324,580 arrests of adults aged 18 years and older, the total number of arrests reported yearly in New York State has declined in recent years compared with the historic past. Generally, the state makes more arrests for misdemeanor offenses than felony crimes annually. According to reports by the state's Division of Criminal Justice Services, an average of 122,126 and 202,454 arrests were made for felony and misdemeanor offenses yearly in the last few years, with details below:

Felony (Annual Average)

• Drug offense - 15,510
• Violent offense - 37,175
• DWI - 4,252
• Other offenses - 65,189

Misdemeanor (Annual Average)

• Drug offense - 28,171
• DWI - 24,065
• Property offense - 62,321
• Others - 87,897

The national arrest rate is 2,181.70 per 100,000 people. Compared to the national average, New York ranks as one of the states with the lowest arrest rates in the United States, with about 1,517.09 arrests per 100,000 residents. New York's arrest rate is considerably reasonable compared to neighboring states like New Jersey, Massachusetts, and Pennsylvania, with 1,420.14, 1,205.76, and 2,113.27 arrests per 100,000 people.

What Is an Arrest Under New York Law?

Under New York law, an arrest occurs when a law enforcement officer or private individual restrains another person or takes them into custody, either physically or verbally. The purpose of making an arrest in the state is primarily to hold a person accountable for a criminal offense they are alleged to have committed or are about to commit.

Type of Arrests in New York

Typically, a law enforcement officer must have probable cause to make a lawful arrest in New York. Probable cause exists when an officer reasonably believes that someone has committed a crime or is about to commit one. Once a person suspected of having committed a crime is arrested, the arresting officer may search them and ask them to provide personal identification. Such persons may also have their fingerprints taken and photographed once they are taken into custody.

While law enforcement agencies in New York make arrests for felonies, misdemeanors, domestic violence, and other types of criminal offenses, an arrest typically can either be a warrant or warrantless arrest in the state.

Warrant Arrest

In New York, a warrant arrest is the type of arrest made by law enforcement officers after obtaining an arrest warrant from the relevant authority. When making a warrant arrest, the arresting officer must inform the suspect that they are making such an arrest under the authority of a warrant and must show the suspect a copy of that warrant. A warrant arrest may be made at any time of the day or night and on any day of the week.

With an arrest warrant in New York, a law enforcement officer may break open a window or door to gain access into a place if the suspect refuses to let them in, especially if the officer has already notified that suspect of their authority and purpose of making the arrest. An officer may also break in if they believe the suspect will destroy evidence and escape.

Warrantless Arrest

A warrantless arrest involves making an arrest without obtaining a warrant. In any warrantless arrest in New York, law enforcement may chase a suspect beyond their (suspect's) geographical employment location. Per Consolidated Laws of New York, Chapter 11-A, Section 140.10, an officer may arrest someone without a warrant in the state under the following conditions if they have reasonable cause to believe the person has committed a crime, whether or not in their presence. In New York, law enforcement officers may arrest individuals suspected of having committed criminal offenses without a warrant at any hour of any day or night.

What Are New York Arrests Records?

New York arrest records generally are official documents generated by law enforcement agencies in the state to illustrate individuals' arrest histories. They are usually maintained by local law enforcement agencies, which are the first place to check when looking for arrest records in the state. New York arrest records are important to the state's criminal justice system, as they generally provide insight into the crime trends within the state. In addition, they may help law enforcement identify the pattern of criminal offenses and assist courts in deciding the appropriate sentences for arrests that lead to convictions.

Even though an arrest record typically forms a crucial part of a criminal record, it is not the same as a criminal record. Generally, while an arrest record shows a person's arrest history, which does not necessarily mean the record owner is guilty of the alleged charges, a criminal record usually indicates that the record holder indeed committed a crime and was convicted. A typical arrest record in New York contains the arrestee's full name, gender, nature of alleged crime, arresting agency, date of arrest, time of arrest, location of the arrest, arrest charges, and booking information.

How Can Arrest Records Be Accessed in New York?

The Consolidated Laws of New York, Chapter 47, Section 87 (Freedom of Information Law) allows public access to certain public records in the state, including arrest records. According to the law, each agency holding public records in New York State generally must make them available for public inspection and copying except in certain cases recognized by law. Consequently, the following arrest records are limited from public disclosure in the state:

• Expunged or sealed arrest records
• Arrest records whose public disclosure would interfere with ongoing judicial proceedings and investigations of criminal cases
• Juvenile arrest records
• Arrest records whose public disclosure would intrude on privacy or endanger the life or safety of the record subject

While these arrest records are not open to the public, certain individuals and entities may still access them. Such persons or bodies typically include:

• Record owners
• Law enforcement agencies
• Anyone designated by the record holders
• Other parties who have obtained a court order for disclosure

Interested persons may access or obtain New York arrest records from any of the following general reliable sources:

New York State Office of Court Administration

Arrest records are typically included in criminal history records, and the state's Office of Court Administration (OCA) provides a statewide Criminal History Record Search (CHRS) that allows anyone to find criminal records for a $95 fee. Interested persons may submit their requests electronically through the Direct Access Application after creating a user account. The results obtained from CHRS are verified, reviewed, and amended, if required, before being emailed to requesters during regular business hours. Where there are no matching records, a CHRS report will show up as "No Results Found," which is usually returned in Real Time. The OCA provides the CHRS Online User Guide to assist users.

Alternatively, anyone interested in obtaining a New York arrest record through the OCA can submit a mail application. This should be done by completing the Criminal History Record Search Application Form and mailing it to the OCA at:

New York State Office of Court Administration

Division of Technology and Court Research

25 Beaver Street, 8th Floor – Room 830

New York, NY 10004

Anyone who fills out their email address on the application form will receive the search results by email. Otherwise, a self-addressed stamped envelope must be included in the application to get the search result by mail.

Police Departments and Local Law Enforcement Agencies

Local police departments and county sheriff's offices in New York generally maintain records of arrests made within their jurisdictions. If the local law enforcement agency that made an arrest is known, contact the agency to inquire about such an arrest. Many of them keep a listing of arrests made under their purview on their websites and are mostly accessible for free. For instance, a list of recent arrests made by the Washington County Sheriff's Office is always displayed online.

How Long Will an Arrest Report Stay on Your New York Records?

Typically, for a case that ended in a person's conviction in New York, the arrest report will remain on the individual's record indefinitely unless the record owner takes action to seal it.

Can You Expunge Your Arrest Records in New York?

Yes. While New York State does not allow record expungement (which means complete destruction or erasure of records), it permits the sealing of records in certain circumstances. Some arrest records may be automatically sealed in the state. For instance, records of arrests for crimes committed by children and youthful offenders, traffic infractions, and matters in which the arrestees got favorable dispositions are automatically sealed in New York. In such cases, nothing is required of the defendants. However, in many cases, arrest record holders generally must apply to have such records sealed.

For cases that resulted in criminal convictions, certain criteria must be met for the record holders to qualify for criminal record sealing, hence the sealing of arrest records. First, they must not have more than one felony and one misdemeanor conviction or more than two misdemeanor convictions and must be free of crime in the previous 10 years. Second, if their offenses are drug-related, they must have completed mandatory drug treatment programs, which may make them eligible for conditional sealing. Arrest records in violent felonies, sex offenses, and severe felonies do not qualify for sealing in New York State.

To apply for an arrest record sealing in New York, an eligible individual generally must submit paperwork to the court by taking the following steps:

• Complete a Criminal Certificate of Disposition Request Form and submit it to the court in person or by mail. The court locator on the form provides information on court locations.
• After obtaining the Certificate of Disposition from the court, complete the Sealing Application and sign it in the presence of a notary public. Proof of rehabilitation, educational transcripts, and other important documents can be attached.
• Notify the District Attorney about the application by making copies of all the necessary forms and documents and serving them in the District Attorney's Office. This can be hand-delivered or mailed. Once delivered to the District's Office, fill out the Affidavit of Service and sign it in the presence of a notary public.
• File the originals of the Certificate of Disposition, Sealing Application, Affidavit of Service, and other necessary documents with the court.

If requesting to seal multiple records, these papers must be filed in the court where the most severe conviction was entered. If the court approves the sealing application, the applicant will receive a court-signed Seal Order.

Recently, the Clean Slate Act (S.7551A / A.1029C) was signed in New York, a law aimed at automatically sealing certain criminal records, including arrest reports, after three years or eight years, depending on the type of conviction. However, there are certain eligibility conditions. This law takes effect on November 16, 2024.

Is Citizen's Arrest Legal in New York?

Yes. A citizen's arrest involves a private individual arresting another person without a warrant for a crime. The New York Consolidated Law, Chapter 11-A, Section 140.40 generally allows individuals other than law enforcement officers to make arrests within the state. However, the following must hold to a citizen arrest to be legal in New York State:

• The person making the arrest must be sure the suspect has committed a felony offense in their presence.
• Unless it is impractical due to physical resistance or a fight, the arrested suspect must be told the reason for detaining them.
• The individual making the arrest must be absolutely sure they have the right suspect and that the alleged offense is a felony.
• Once the arrest is made, the suspect must be handed over to a law enforcement officer immediately. There must be no delay.
• The person making the arrest did not provoke the suspect into committing a felony offense.

New York law permits anyone making a citizen's arrest to use justifiable physical force, not deadly force unless it is a case of robbery, murder, first-degree manslaughter, or forcible rape. If someone makes a supposed citizen's arrest in the state and is wrong about the suspect, they could be charged with kidnapping or assault.

How to Look Up Arrest Warrants in New York

A New York arrest warrant is a court-issued document authorizing law enforcement to arrest the individual named on the document for an alleged criminal offense and bring them before the issuing court. While a bench warrant also authorizes law enforcement to make an arrest, it is not the same as an arrest warrant. Per Section 5510.50, Chapter 11-A of the New York Consolidate Law, a bench warrant is issued for a person's arrest if they fail to appear for a scheduled criminal proceeding or action.

Under the New York Freedom of Information Act, arrest warrants are public records, and information about them may be obtained from the relevant government agencies. Information about arrest warrants issued within the state typically can largely be accessed by contacting criminal courts and law enforcement agencies, including the local police departments and county sheriff's offices. Anyone interested in obtaining information about an arrest warrant from the criminal court can contact the criminal court where the case was filed or heard. Although the Spectrum Justice System (SJS) maintained by the state's Division of Justice System (DCJS) holds arrest warrant information from over 220 law enforcement agencies, it may only be accessed by law enforcement officers.

The best way to look up arrest warrants in New York is through the local law enforcement agencies that made such arrests. Most of these agencies allow in-person checks, while some regularly update their websites with information about active warrants obtained to arrest certain suspects. For instance, the Erie County Sheriff's Office maintains a database of active warrants where interested persons may obtain the information. Similarly, the Madison County Sheriff's Office manages an active warrant list containing information about arrest warrants issued to apprehend suspects within their jurisdiction.