Personal Record Review: What You Need To Know
You may use your Personal Record Review response for any personal reason.
An employer or licensing entity cannot ask you to provide this information as a condition of obtaining or continuing a job or holding a license: this is prohibited by New York State Labor Law. This law does not apply to: employees of state or municipal departments employees of legally incorporated hospitals, and employees of medical colleges associated with such hospitals and employees of private proprietary hospitals.
Access to criminal history records for employment or licensing is only permitted if there is a state law, federal law, or local law of a New York State village, town, city or county that specifically authorizes a fingerprint-based criminal history record check for employment or licensure.
State Labor Law also requires every employer to post a copy of New York State Correction Law Article 23-A, which deals with the licensing and employment of individuals convicted of crimes. The information must be posted in a place accessible to employees.
There are two types of Personal Record Review responses:
Personal Record Review Unsuppressed
This response contains all criminal history records, including those suppressed or sealed under New York State Criminal Procedure Law , including:
Personal Record Review Suppressed
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These laws do not say that employers cant use criminal records as part of their employment decisions. Rather, they mean that employers must evaluate each situation individually.
Employers should document their consideration of all of factors listed above any time they deny employment based on a prior criminal conviction. This documentation alone will improve your defense of a criminal record discrimination claim. Employers who cant show they weighed the statutory factors may not be able to overcome that failure.
Remember that the overriding question is how closely related the convictions are to the jobs in question. Banks probably need not hire former bank robbers. But clothing stores probably cant turn down applicants because of their misdemeanor public intoxication charges from college.
The facts of each case matter. If there is any doubt, then you should speak with an employment lawyer familiar with these situations before proceeding. If you didnt, and now face a discrimination complaint, read this.
How Many Crimes Can I Have Sealed In New York
New York only allows a person to seal their criminal record if it has two or less criminal convictions on it. In addition, only one of those convictions can be for a felony. Moreover, any felony on the above-mentioned list is not eligible to be sealed.
A person with more than two criminal convictions can still have their record sealed if the charges are related to only one or two criminal incidents.
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What Is A New York Criminal Record
Every time an individual is involved with law enforcement or the court system in New York, the agency creates a document of what happened. This information is used by the government in many ways. Judges will regularly consider someones criminal historic past when carrying out a sentence. Inside an arrest record are items like name, aliases, employed, home address, eye color, fingerprints, and details regarding why the arrest was made. After the arrest, a court appearance is usually scheduled and a criminal record is made upon conviction.
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What Are Felonies In New York
Felony offenses are New Yorks most severe crimes. The state categorizes these offenses into five different classes, ranging from Class E to Class A for which there is a range of penalties based on the severity of the offense. Overall, most felony crimes are punishable by a minimum of one year to life in prison. Some examples of New York state felonies include:
- Class A-I Felony: Aggravated murder, first-degree arson, conspiracy, terrorism
- Class A-II Felony: Predatory sexual assault, criminal use of chemical/biological weapons
- Class B Felony: Attempted murder, first-degree burglary, bribery, and money laundering
- Class C Felony: Assault, drug distribution, larceny
- Class D Felony: Manslaughter, fraud
- Class E Felony: Aggravated harassment, assault, theft
What Are New York Criminal Records
New York criminal records are official documents that detail the criminal history information of persons within the state. The information contained in these records typically includes the subjects various offenses as well as their arrest history, charges, court judgments/convictions, and pending dispositions.
These records, also referred to as rap sheets, are mostly assembled from various jurisdictions within the state, specifically trial and appeal courts, law enforcement agencies, and local and state-run correctional institutions.
New York criminal records typically feature the following:
The full name of the subject of the record
- A mugshot of the subject and details of unique physical descriptors
- The birth date, gender, and nationality of the subject
- A full set of fingerprints
- Details of all indictments
- Arrest information as well as past/outstanding warrants
- Conviction information and pending dispositions.
Criminal records are one of several police records compiled on offenders and persons who have entered the New York criminal justice system. Others include arrest records, arrest warrants, and logs of police activities.
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Different Types Of Criminal Records
Another common misconception about criminal records is that there is one criminal record, this is not the case. In New York there are four types of criminal record, classified by where each comes from. Although the New York State Department of Criminal Justice Services is the agency responsible for compiling and storing information transmitted by law enforcement and courts, they are not the only agency that keeps a record of contact with the criminal justice system. Furthermore, it is important to understand that different types of criminal records show or omit certain information. This will be explained below.
Where Can A Person Find New York Criminal Records
The New York State Office of Court Administration provides a statewide criminal history search for a flat fee of $95. Requests can be submitted online or by mailing in an application. Search criteria is strict and you must have an exact match of the name and the birth date. Companies can submit requests as part of the program.
Search results relate to open and pending cases and convictions in criminal cases in all of New Yorks 62 counties. It excludes sealed records and some data from towns and villages are limited.
Other limitations include:
- No family, civil or federal cases are included
- It doesnt include non-criminal cases or misdemeanor cases.
- It doesnt include youth offender cases
- Criminal cases transferred or removed to family court as not included.
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How To Search And Find Rose Slove
The population of the US is 329,484,123 people . People with the same last name and sometimes even full name can become a real headache to search for example, is found in our records 710 times.
The same person can appear under different names in public records. Quite often, people use short versions of their name , sometimes they use their names international variations . It is quite rare but still happens that a person can be found being listed under a completely different name.
What Are New York Juvenile Criminal Records
New York state juvenile criminal records are official records detailing criminal activity committed by children or adolescents who are not yet of legal adult age. Juveniles are not considered to be convicted of a crime like an adult but instead are found to be adjudicated delinquent. They are tried in a juvenile court and remanded to a juvenile detention center.
Juvenile criminal records are often mistakenly thought to be erased or expunged once a person becomes of legal adult age, but in fact, the record remains in the juvenile justice system unless the person petitions to have it expunged. If a person was found adjudicated delinquent to a criminal offense, they do not have to respond yes if asked whether they have ever been convicted of a crime, unless the question specifically asks if they were ever “adjudicated delinquent” as well.
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What Factors Are Considered In Sealing Records In New York
The judge will weigh the following factors when determining whether records should be sealed or not.
- The amount of time since the last conviction.
- The severity of the offense and the circumstances surrounding them.
- Any other convictions or violations on record.
- Any measures taken to reintegrate into society, including records of employment, schooling, participation in community service or other volunteer efforts.
- Statements made by the victim of the offense in question.
- Whether and how sealing the record will support a successful reintegration into society.
- The potential impact sealing the record could have on public safety and the publics confidence in law enforcement and the judicial process.
How Can A Person Access Public Records In New York
Some records are available online while others require a formal request. If a request is necessary, it can be delivered by mail, email, or by phone to the record-holding department.
Every department is different, so expect some variation to the rules if youre accessing records from multiple places. This can be done by email, mail or by phone depending on the department where the request is submitted. In general, a public records request should include:
- Your name and contact information, including an email, phone number, and mailing address
- The name of the document you want access to with as much detail as possible
- A specific time period that youd like to receive the materials by
- How to deliver the documents, whether by email or mail
Due to COVID-19, some public offices may have limited hours of operation. As a result, online requests are best, but if you want to go in person you should call ahead.
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What Can I Do If My Arrest Record Has A Mistake
If your New York arrest record or another criminal history record document contains inaccurate or incorrect information, you can submit a challenge to the DCJS. For arrest records, the challenge process involves contacting the agency responsible for the arrest and requesting that they submit the changes in writing to the DCJS.
Contact the DCJS Record Review Unit at for direction on how to proceed with the challenge.
New York Inmate Records
New York has more than 51,000 inmates incarcerated in its prison system throughout the state. A requester may have several reasons for seeking out inmate information. They could be a victim or a witness in a case and want to know an inmates status. They could be a non-profit who helps inmates in certain cases or a lawyer reviewing a case. They could also be an employer wanting to know more about the time served by a potential employee.
Don’t Miss: New York State Public Arrest Records
New York Criminal Records At The County Level
Kings CountyKings County Sheriffs Office / New York City Police Department Record Requests Arrest Jail Records
20 Ontario St Canandaigua, NY 14424How to Search: Online, In person, Mail, Fax.Public Terminals: YesOnline Criminal Record Checking Canandaigua City Court 585-412-51702 N Main St Canandaigua, NY 14424-1448How to Search: Online.Online Criminal Record Checking
Tompkins County IthacaTompkins County Clerk 607-274-5431320 N Tioga St Ithaca, NY 14850How to Search: Online, In person, Mail, Fax.Public Terminals: YesOnline Criminal Record Checking Ithaca City Court 607-216-6660118 E Clinton St Ithaca, NY 14850How to Search: Online, In person, Mail, Fax.Public Terminals: YesOnline Criminal Record Checking
Most Common Crimes Which Show up on New York Arrest Records
New York Larceny / TheftLarceny, as reported by the UCR is defined as illegal taking, carrying, leading or riding away of items owned by another individual. Some regularly stolen property includes bicycles, car/truck parts along with associated components. Additional criminal acts in this category involve shoplifting or pickpocketing.
Types of New York Arrest Records
New York Arrest And Criminal Records At The State Level
Criminal Court Records: State of New York has three systems to search court records. One is called OCA for which an approved account is required. See . The system is meant for individuals or companies who need frequent use. System two is called eCourts: see and . System three is called Decisions: see . This online portal is used for supreme court civil and criminal records from varies counties.
New York Statewide Criminal History Check: This system is made for people needing to request their own criminal history. See .
Department of Corrections and Community Supervision : Free prison inmate records at .
Search Public Registry of Sex Offenders:
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New York Public Records
New York citizens have the right to seek out, obtain, study, and use public records held by government agencies, municipal bodies, and law enforcement authorities. This right is presented to them by both New Yorks and the United States Freedom of Information Law, which states that any record generated by a government authority is considered public unless officially sealed.These records are available to all members of the general public, who are able to access these records in a concise and immediate manner, and without requiring the divulgence of personal information unless such information is required to access confidential information.Criminal records, court records, vital records, and arrest records from over 330 million transparent public records are available on this website.
Records for New York were created from as far back as 1850, and include information from all 62 counties in New York State. The digitization of public records has become the standard over the last 30 years, allowing websites both governmental and third party to offer these records online. This fulfils the mission of Freedom of Information Laws from a country, state, county and municipal level, which is to offer transparency to further assure a fair and just society for all.
What Crimes Cannot Be Sealed In New York
Records of the following crimes, as defined under CPL 160.59.1, and further outlined on the Sealing Application, are not eligible to be sealed:
|Aggravated Sexual Abuse
|Any other Class A, B, C, D, or E violent felony offense
|Any other crime that requires one to register as a sex offender
As exhaustive as this list may seem, a wide variety of offenses are still eligible. Convictions for offenses such as theft, shoplifting, disorderly conduct, drug possession, simple assault, public intoxication and vandalism are all eligible convictions for sealing. In addition, charges that would be considered violations and not crimes, such as loitering, hazing in the second degree, trespassing, and illegally posting advertisements are also eligible.
Crimes for which a person was charged but not convicted are automatically sealed.
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Are Criminal Records Public In New York
New Yorks Freedom of Information law allows citizens to access all criminal and public records. This means that employers and anyone else have access to your criminal records. The New York State Department of Criminal Justice Services keeps all criminal records and require fingerprints to access. The New York State Office of Court Administration also keeps records of criminal history. Companies use this database to run background checks on potential employees.
Why Cant I Access An Arrest Record In New York
There are a number of reasons why you may not be able to access an arrest record. Although the Freedom of Information Act requires federal agencies to release arrest records and other public records, records that fall under certain exemptions can be withheld from the public.
The FOIA includes nine exemptions that allow agencies to withhold documents, such as arrest records, and not release them to the public. They are:
Additionally, some state laws limit the availability of arrest records due to the fact that they are perceived as one-sided documents that do not include the arrested persons account of the incident.
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