New York Criminal Records

New York criminal records are written and electronic documentation of a person's contact with the criminal justice system in New York State, including contacts with law enforcement agencies and courts.

The New York DCJS (Department of Criminal Justice Services) maintains official arrest and conviction information, known as rap sheet (criminal record). Also, an informal history of convictions is maintained by the New York court system.

Criminal record checks may be required in various situations, such as when employers request a background check or if you intend to correct inaccuracies in your criminal records. Criminal record checks may also be required for firearms purchases, adoption process, immigration, professional licensing, and housing matters.

What is Included in the Criminal Record?

A rap sheet or criminal record in New York includes the following types of information:

• Identification information: The identification information available in a criminal history includes the full name (including known aliases), date of birth, sex, height, address, mugshot, weight, fingerprints, and the ethnicity or race of the subject of the record.
• Arrest information: Available arrest information includes warrants issued, dates of arrest, charges filed, and arresting agencies.
• Disposition information: For disposition information, you may find dismissed charges, conviction information, and details about sentencing.

Other information found on a New York Criminal record includes court case information, incarceration information, parole information, probation information, wanted information, missing person information, and certificate of relief.

Are Criminal Records Public In New York?

Except for sealed records or records classified as confidential pursuant to state or federal law, New York criminal records are public under the state's Freedom of Information Law. Consequently, members of the public may access unsealed arrest and conviction information for themselves and other persons.

How to Access Criminal Records in New York

Criminal records may be obtained from the Department of Criminal Justice Services (DCJS), the Office of Court Administration's CHRS, and courthouses. The record obtained from the DCJS is an individual's most complete criminal record. The DCJS releases criminal records to a court, agency, or employer only if the subject of the record is fingerprinted. Hence, the subject of a criminal record is always aware when anyone requests their criminal record from the DCJS.

The DCJS has slightly different procedures for criminal record requesters living in the state and those who reside out of state.

If you are living in New York State, you may request your criminal history from the DCJS:

• Have your fingerprints taken: To have your fingerprints taken per DCJS instructions, call the authorized third-party vendor at 877-472-6915. Depending on your request type, you will be asked to provide a code during the call. If your request is for a suppressed criminal record, you must provide code "15464Z"; otherwise, code "15465F" is required for an unsuppressed record. If the request is for international purposes, select travel/other country or international purpose as the reason for fingerprinting. Unsuppressed criminal records may contain all criminal records, including those sealed by a court order and suppressed or hidden records. Suppressed criminal records do not include suppressed or sealed information.
• Bring required items to the appointment: At your fingerprinting appointment, you will need a form of identification and a payment of $14.25. If you are making a request for a minor between 11 and 17 who has no acceptable form of identification, the DCJS requires you to complete the Photo ID Waiver for Minors form, provided you are the parent or legal guardian of the minor. You can make the $14.25 payment using a credit card, check, or money order. A check or money order must be made payable to "Idemia." If you cannot pay the $14.25 fee, you may request a fee waiver application packet by including your mailing address in a request email to RecordReview@dcjs.ny.gov or in a surface mail to:

• Wait for the DCJS to process your application: Your criminal record request will be processed, and a response will be returned by U.S. mail within four weeks. Responses cannot be picked up in person.

If you live outside of New York State, there are few differences in the criminal record request process. If you are residing out-of-state, visit the IdentoGo website and provide the suppressed or unsuppressed criminal record request code, depending on your type of request. Upon entering the code, select "Locate an Enrollment Center" and then your zip code, city, and state in order to locate a nearby enrollment center. If there is no approved fingerprinting location, submit a completed FD-258 fingerprint card.

In addition, the fee for processing the record is $44.25 instead of $14.25. After completing the payment of the $44.25 fee, you will get a payment confirmation page with a barcode on the top right side. Print and sign the page and mail the signed page and the completed fingerprint card to:

Members of the public may access your criminal records of arrest and convictions via the New York Office of Court Administration's (OAC) Criminal Records History Search (CHRS). For a fee, the OAC allows individuals, agencies, and private entities to search convictions and open criminal cases from the state's supreme, county, city, town, and village courts. Results from federal, family, and civil cases are included in the CHRS database.

To perform a search of someone's criminal record originating from these courts, only the name (exact) and the date of birth of the person is required. However, you must create an account on the search portal and pay a fee of $95 for a search.

Furthermore, criminal court records are assigned case or docket numbers and may be accessed publicly at the courthouses where the subjects of the records appeared. These records usually include arrest information, legal documents in the case, and information relating to how the case was resolved. Unless sealed by a subpoena or court order, such criminal record information will be available to the public.

What is Considered a Felony in New York?

Felonies refer to serious crimes with a potential imprisonment term of one year. The state categorizes felonies into Classes A-E, with Class E being the least serious category. Class A felony is divided into Classes A-I and A-II offenses, while Classes B-E felonies are each divided into violent and non-violent offenses. Examples of offenses in each class of felony offense in New York are:

Class A-I

• First-degree arson
• First-degree criminal possession of a banned substance
• First-degree criminal sale of a controlled substance
• First-degree murder
• Second-degree murder
• First-degree kidnapping

Class A-II

• Second-degree criminal sale of a controlled substance
• Second-degree criminal possession of a controlled substance

Class B

Violent Felonies

• First-degree intimidation of a witness or victim
• First-degree assault
• First-degree burglary
• First-degree aggravated sexual abuse
• Aggravated assault on a police officer
• First-degree criminal sale of a firearm
• First-degree gang assault
• First-degree robbery
• First-degree sodomy
• First-degree rape
• First-degree aggravated sexual abuse
• First-degree kidnapping
• First-degree manslaughter
• First-degree criminal possession of a firearm

Non-violent felonies

• First-degree bribery
• First-degree criminal mischief
• First-degree welfare fraud
• First-degree insurance fraud
• First-degree promoting prostitution
• First-degree grand larceny
• First-degree criminal facilitation
• Aggravated insurance fraud
• First-degree tampering with a witness

Class C

Violent Felonies

• Second-degree aggravated sexual abuse
• Second-degree burglary
• Second-degree robbery
• Second-degree gang assault
• Second-degree criminal use or sale of a firearm
• Second-degree aggravated sexual abuse
• Second-degree criminal possession of a weapon

Non-violent felonies

• Second-degree arson
• Second-degree bribery
• Second-degree criminal facilitation
• First-degree criminal possession of marijuana
• First-degree criminal possession of a forged instrument
• First-degree criminal usury
• First-degree forgery
• Second-degree manslaughter
• Second-degree welfare fraud
• First-degree vehicular manslaughter
• Second-degree insurance fraud
• Second-degree grand larceny

Class D

Violent Felonies

• First-degree abortion
• Third-degree aggravated sexual abuse
• Second-degree assault
• First-degree sexual abuse
• Third-degree criminal sale of a firearm
• Second-degree course of sexual conduct against a child

Non-Violent Felonies

• Bribery of a labor official
• Bribing a juror
• First-degree Auto-stripping
• Aggravated criminal contempt
• Third-degree burglary
• First-degree coercion
• Third-degree criminal possession of stolen property
• Fifth-degree criminal sale of a controlled substance
• Criminal possession of forgery devices
• Second-degree sodomy
• Third-degree welfare fraud

Class E

Violent Felonies

• Second-degree attempted assault
• Third-degree attempted criminal possession of a weapon

Non-Violent Felonies

• First-degree cemetery desecration
• Fourth-degree computer tampering
• Fourth-degree conspiracy
• Criminal anarchy
• Third-degree criminal facilitation
• Second-degree bail jumping
• Defrauding the government
• Second-degree escape
• First-degree false reporting of an incident

Penalties For New York Felonies

Penalties for felony crimes in New York generally depend on:

• The class of the felony
• Whether the offense qualifies as a violent felony under New York penal laws. A violent felony is not defined by what happened in a specific criminal case, even if the crime involves violence. For instance, New York law considers a third-degree robbery as a non-violent felony and a second-degree robbery as a violent felony.
• Whether the offender qualifies as a predicate felon pursuant to New York Law Section 70.06. The state considers an offender convicted of and sentenced for a felony offense within 10 years of committing the crime for which the offender is now being sentenced as a predicate felon. Note that the time spent in prison or jail is excluded from the 10-year counting period.

Typical penalties for felony offenses in New York are:

• Class A: A maximum of life-term imprisonment or between 20-25 imprisonment term
• Class B: An imprisonment term of up to 25 years
• Class C: An imprisonment term of up to 15 years
• Class D: An imprisonment term of up to 7 years
• Class E: An imprisonment term of up to 4 years

Imprisonment terms for violent felonies are usually for determinate or fixed periods, while non-violent felonies are typically for a range of time, especially if it is an offender's first felony conviction. In a determinate sentence, the sentencing judge chooses a sentence within the allowed range. For instance, a judge may sentence an offender to 10 years in jail for a Class B offense with a permissible sentence range of between 5 and 25 years.

In an indeterminate sentence, the judge may sentence the offender to three to seven years in jail or 25 years and life imprisonment. In such a case, an offender qualifies for parole or post-release supervision upon completing the minimum sentence. However, if the prisoner is denied parole, they will not serve more than the maximum sentence. Note that prison sentences may be indeterminate for most felony crimes in New York, except for some drug crimes, violent felonies, and sex-related offenses.

Enhancements may increase the penalties for felony crimes under specific conditions. For example, the minimum and maximum terms for indeterminate sentences will be higher if a defendant has been convicted and sentenced for another felony offense within the last 10 years. Similarly, a judge may issue a life sentence term for a defendant, without the possibility of parole, if their current crime is their third violent felony offense. Also, defendants may get longer sentences for using a gun to commit specific felonies.

In addition to jail sentences, a judge may impose a combination of other penalties for felony convictions, such as fines, restitutions, and probation.

What is a Misdemeanor in New York?

Misdemeanors in New York are less severe offenses than felonies, and they carry no more than a jail term of 364 days in a local jail. Misdemeanors in the state are categorized into Class A and Class B, and there are also unclassified misdemeanors.

Class A

• Forcible touching
• Sexual misconduct
• Petit larceny
• Resisting arrest
• Third-degree assault
• Unauthorized use of a computer
• Seventh-degree criminal possession of a controlled substance
• First-degree loitering
• False impersonation
• Second-degree riot
• Theft of services

Class B

• Adultery
• First-degree harassment
• Prostitution
• Criminal possession of marijuana
• Consensual sodomy
• Issuing a bad check
• Failure to report wiretapping
• Public lewdness
• Reckless endangerment of property
• Second-degree self-abortion
• Third-degree rent gouging

Unclassified misdemeanors include reckless driving, driving while intoxicated, and driving with a suspended license.

Some repeat misdemeanors or offenses committed against protected classes, such as the elderly and minors, may be upgraded to felony charges. For instance, a second driving while intoxicated charge is upgraded to a felony charge. Also, a Class A misdemeanor may be upgraded to a Class D felony if the offender assaults an animal control officer, healthcare worker, or emergency worker.

Penalties for New York Misdemeanors

Misdemeanors and felonies remain indefinitely on your criminal record except if they are sealed or, in some marijuana-related cases, expunged. Under New York law, some records are automatically sealed if some conditions are met. On the other hand, offenders may be able to have their records removed from public records. In either circumstance, if your conviction records are sealed, they will not be visible to members of the public (including employers or housing agencies) except to specific entities permitted under state law. Some entities permitted under law to access sealed convictions in a background check include courts in the unified court system, sheriff's offices, district attorneys' offices, and federal, state, and local law enforcement agencies acting within the jurisdiction of their authorized law enforcement operations.

How Long Does a New York Criminal Record Stay In a Background Report?

Misdemeanors and felonies remain indefinitely on your criminal record except if they are sealed or, in some marijuana-related cases, expunged. Under New York law, some records are automatically sealed if the set conditions are met and, therefore, unavailable in a public background check. On the other hand, offenders may be able to have their records removed from public records. In either circumstance, if your conviction records are sealed, they will not be visible to members of the public (including employers or housing agencies) except to specific entities permitted under state law.

Some entities permitted under law to access sealed convictions in a background check include courts in the unified court system, sheriff's offices, district attorneys' offices, and local, state, and federal law enforcement agencies making a request within the scope of their law enforcement operations.

Sealing and Expungement of Criminal Records in New York

Unlike other states, New York does not allow people to expunge their criminal records, except for some marijuana-related convictions. Hence, there is no complete erasure of crime and conviction from your criminal record in the state. Instead, you may be able to seal some criminal records under specific conditions. Since October 2017, New York has established a sealing provision for a wide range of adult criminal convictions under specific conditions.

If your criminal record is sealed in New York, the public cannot access it, as it will not appear on your RAP sheet. In a criminal record, sealing, related fingerprints, booking photos, palmprint cards, and DNA samples may be destroyed or returned to you. If sealed, all official court and New York DCJ Services records pertaining to a specific arrest, prosecution, and conviction will be inaccessible to the public.

The record is only accessible to the following categories of persons:

• The subject of the record (you)
• Employers, when applying for a job that requires you to carry a gun
• Your parole officer if you were arrested while on probation or parole
• Law enforcement agency, upon a court request
• The prosecutor, if you move for an Adjournment in Contemplation of Dismissal on a marijuana charge

The New York criminal justice system provides automatic sealing in the following circumstances:

• Cases where the defendant got a good result
• Crimes committed by youthful offenders
• Crimes committed by children
• Violations and traffic infractions such as trespass and disorderly conduct are partially sealed

To be eligible to petition the court for a sealing order:

• You must either have two misdemeanor convictions or a felony and a misdemeanor conviction. You must also have been crime-free for at least 10 years. The 10-year period is counted from the conviction or release date from prison, whichever is later. Also, you must have had a new criminal conviction or criminal case pending. If you have more than two convictions, you may still be eligible for sealing a criminal conviction if your convictions are linked to the same one or two convictions. For instance, a court may treat multiple convictions as one conviction if you were charged and convicted of multiple crimes in one incident.
• You have successfully completed a drug treatment program. Some convictions listed under the Rockefeller Drug Law Reform may be conditionally sealed. Also, some marijuana misdemeanors may be expunged. Expunged convictions for marijuana-related offenses do not count toward your total conviction number.

Note that all convictions for misdemeanor-related offenses, other than crimes requiring registration as a sex offender, are eligible to be sealed. Some felonies are also eligible to be sealed. However, violent felonies, sex offenses, and serious felonies do not qualify for sealing.

When requesting the sealing of a criminal record in New York, follow these steps:

• Request a criminal certificate of disposition from the court. You must complete a separate request for each case.
• Complete the sealing application: The sealing application must be signed in front of a notary public. Attach relevant evidence of rehabilitation, such as verification of employment and certificate of relief from civil disabilities.
• To notify the DA of your application, Make a copy of your certificate of disposition, the sealing application, and other supporting documents and serve them to the District Attorney's Office by hand delivery or mail.
• Complete the Affidavit of Service: The individual who delivered or mailed the papers to the DA's office must complete the Affidavit of Service and sign it before a notary public.
• Make a copy of the application papers for your records
• File the originals of the certificate of disposition, affidavit of service, sealing application, and other supporting documents with the court where the most serious conviction was entered

Upon the approval of your sealing application, you will be issued a court-signed seal order. Afterward, mail a completed Request for Seal Verification form with a copy of the seal order to the Division of Criminal Justice Services. The address of the DCJS is on the Request for Seal Verification form.