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
New York Sex Offender Listing
New York state sex offender listings are public registries that contain information regarding persons convicted of sexual offenses. These listings typically feature the full name and aliases of sex offenders, their addresses, conviction histories and persons convicted of committing a sex crime that is often accessible by the public. While most jurisdictions manage listings based on persons within their specified districts, the New York State Division of Criminal Justice Service manages a central sex offender registry that houses information regarding all offenders in the state. Listings are made by the discretion of the judges and a judge may order an adult to register as a sex offender if the crime he/she was convicted of involves sexual motivation.
Are Police Reports Public Record In New York
In an effort towards transparency, all police reports in New York are public records. The initiative began in 2015 as part of the Open Data for All movement. New York has set up a specific website where anyone can create a free account and review police records and incident reports from crimes all over the state. The information is organized into categories of crime: murder, rape, robbery, assault, burglary, grand larceny, and auto theft.
Some of the information contained with the reports is:
- The name and ages of the people involved.
- The date, time, and location of the incident.
- A very detailed description of the event, including the names of police officers involved.
- Cash or damages involved.
- Charges filed and the detention center or jail the perpetrators were taken to.
Additionally, New York residents can also pick up copies of car crash reports by visiting the precinct who filed the report. You have 30 days to pick yours up.
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What Defines A Criminal Record In New York
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 are mostly assembled from various jurisdictions within the state specifically trial and appeal courts, law enforcement agencies and local and state-run correctional institutions.
Ny State Police Now Keep Mugshots Secret But Records Still Releasable Rights Group Says
ALBANY New York State Police are no longer making mugshots public, going a step further than a new law passed as part of the state budget.
Troopers will only release booking photos if there is a specific law enforcement purpose, the agency said in a statement.
For example, these photos could be released if the public can assist police in locating a wanted suspect, finding additional witnesses or victims, or developing new leads in an ongoing investigation,” they added.
Democratic lawmakers voted to amend the states Freedom of Information Law earlier in the week, closing booking photos, as they approved a policy-packed state spending bill.
Gov. Cuomo pushed for the ban in an effort to stop websites from posting arrest photos and demanding cash to take them down. The governors initial proposal went further, allowing law enforcement across the state to withhold all booking information, including names and charges.
News organizations and civil liberties groups were happy to see the language scaled back before the budget was passed, but argue that the law is still a blow to transparency.
It still unduly restricts access to police department held records that are critical to oversight of police departments while doing very little to protect the privacy of those arrested, Justin Harrison, a legislative attorney with the New York Civil Liberties Union, told the Daily News.
Harrison added that the law does little to limit the nefarious use of mugshots by websites.
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New York Vital Records
Vital records are some of the most sought after public records because people need them to verify identity and other legal purposes. They include birth, death, marriage and divorce records.; People need them to start school, get a job, get a social security card, get a drivers license or passport, even get married. Death certificates are needed to settle estates and debts.
Whats On A Criminal Record
Criminal records contain information regarding a persons contact with law enforcement and court case outcomes. Details are pulled from places like local police departments, local criminal courts and the state prison system.
- There are typically five things on a persons criminal record:
- Personal information like their name, birthday and nationality
- A mugshot
- A full set of fingerprints
- Distinguishing features such as tattoos
- A list of all offenses, both misdemeanors and felonies, with details of crimes.
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Should You Pay To Erase Your Mug Shot From The Internet
Given that it’s possible to get your mug shot removed, the next question is whether or not you should pay to have it done. As it turns out, that depends on whom you ask and which sites you use for removal. Some will do what they advertise; others wont. For the most part the third-party sites are a waste,” says criminal defense attorney Jordan Ostroff. “They will send letters to the other sites and maybe follow up here or there, but its really the main sites that post the pictures to do something about it or not.
Ostroff believes the most reliable way to get your mug shot removed is paying a fee to the actual site rather than using a third-party service. The way for that to make money is to take the payment and take the photo down, whereas the third-party companies just have to a good for you, he notes.
Cleveland attorney Aaron Minc, who calls the industry legal web extortion, disagrees, saying that using a mug shot removal service to get rid of records from multiple websites works. Minc has used them on behalf of clients and found that theyve done what they advertised. They just want their money, and then theyll go away,” he says. “In the past, if you paid one site, the mug shot might pop up on other sites, but thats not often the case anymore. As with everyone we asked, he cautioned that there is a history in the industry of scam sites.
What Information Is Needed To Request A Vital Record
With concerns over privacy, states have established new protocols for obtaining vital records. Anyone requesting a vital record, like death records or marriage licenses, must submit the approximate date and place of the event, the full name of the person, including maiden names and a case file number for divorce record or a license number for marriage records.
How New York Arrest Records Become Criminal Records
Most people believe arrest records and criminal records are the same. An arrest record is information about a person?s arrest before conviction. This means that if a court of law determines a defendant to be ?Not Guilty,? an arrest record cannot be converted to a criminal record. A criminal record is information about a person?s criminal history that is only determined after a person is found guilty of a crime. Criminal histories are kept by all law enforcement agencies, including state police, correctional agencies and troopers. Criminal records are used to conduct background checks before employment, adoption and visa issuance.
When doing background searches over the Internet, it is important to be careful in order to avoid being scammed by fake directories purporting to have public records. Apart from arrest and criminal records, a good directory will give information on property records, bankruptcies and addresses. In addition, to avoid lawsuits, it is crucial to use criminal records when doing background checks rather than arrest records.
New York Court Records
New York state court records can be helpful in certain situations as they provide a lot of valuable information about a case. Employers may want to know more about a particular case that involves an employee or job applicant. Others in similar court cases involving the same suspect may want the information. Sometimes, people look into court cases to find out about their parents past or other family members as a part of genealogy.
How To Obtain New York Arrest Records
Arrest records are normally recorded in a local police station. If an arrest is made in Brooklyn, the information on the arrest will be recorded at the Brooklyn Police Station. In the event of a search, therefore, it would be important to obtain the name of the person in question and the place they most likely were arrested. The easiest way to determine the place of arrest is by checking where a person has spent most of their lifetime as this is the most likely place where they would have committed a crime. With this information, it is easy to conduct a search from a local police station of choice.With the Internet, however, comes an easier method of conducting an arrest record search. The Internet sets up links between counties and state arrest records. This means that with the click of a button, one can obtain their arrest records. All that is required to conduct a search are the name of the person in question, their address and their social security number. To obtain this information over the Internet, a small token of about $40 is required. This amount covers administration costs. Accessing the arrest record database will provide information such as the crime committed, if the arrest led to a conviction and the number of years in incarceration.
Requesting Expungement And Destruction Of Certain Marijuana Conviction Records
State law permits individuals convicted of Penal Law sections 221.05 and 221.10 to ask the court where the conviction occurred to expunge and destroy their criminal history records related to these charges.; Individuals seeking destruction of those conviction records must make a formal request through the state Office of Court Administration .; Please visit the OCA website for more information about how to make this request.Please note:;Convictions of Penal Law sections 221.05 and 221.10 have been sealed. This means that all of the arrest, court, prosecution and criminal history records related to those convictions are confidential and cannot be seen except under the following circumstances:
- If an individual is applying for a job as a police or peace officer; and,
- If an individual is applying for a pistol permit.
Individuals who are satisfied with the confidentiality that record sealing already provides are not required to apply for expungement or destruction of conviction records.
Mugshot Lookup: How To Find Mugshots Online
August 14, 2018, 4:02 pm550.1k Views
Lets be honest: mugshots are fascinating.
Mugshots are one of the most highly searched public records.
Perhaps mugshots are so interesting because we can see the results of everyday people making poor choices. However, there are other very important reasons why a mugshot lookup might be a good idea.
The Business Of Mug Shots
In recent years, more than a dozen states have enacted laws to limit posting mug shots online. Measures include prohibiting publishing mug shots online altogether, prohibiting charging to take the photos down, and limiting access of mug shots in the private sector. But in states that don’t have such laws, once a mug shot becomes public record, any number of for-profit websites can grab the photos and post them for public view. Even local newspapers generate traffic by publishing photos on their websites.
A simple Google search of someones name may return links to these mug shot sites along with the image appearing at the top of the results. Even if the person wasnt charged with a crime, was found not guilty, or had their records sealed, the images still appear.
The problem is much larger than a single website. Because mug shot images are uploaded to a searchable database, theres no limit on how many websites could publish the photos. This problem gave birth to a complementary business that some critics say might be as shady as the sites that publish the mug shots.
Contacting all of the websites directly may be daunting, but you can simply pay one company to remove the images for you. Costs range from a few hundred dollars to thousands, depending on how many websites publish the mugshot. One removal site is Erasemugshots.com. It claims that its service is 100% guaranteed and mug shots will be removed in as little as 72 hours.
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.
Are Mugshots On Public Record
All the states except for Louisiana, regard a mug shot as a photo taken of a suspect when they are booked in by the police or when the suspect is charged criminally and placed on public record. The ease of obtaining copies of mugshots often has to do with the agency that was involved, and in some cases who were arrested.
Whether or not mugshots form a portion of public records is discretionary. For example, a news organization usually has to request a copy citing that it is the right of the public to know about the person arrested and whether the police are doing their job within their community. For this reason, releasing a mugshot is usually up to a law-enforcement agency that has jurisdiction.
The mugshots of celebrities are usually easy to find when compared to the mugshots of ordinary individuals. At the same time, people that have committed a serious crime will usually have their mugshot circulating in newspapers and online more than a person that has criminal charges that are less significant. A juvenile that has a criminal record will typically be sealed from the public and expunged completely once they reach the age of 18, might have their mugshot released to the public when they have committed a felony offense that is serious that has resulted from the person being charged once they are an adult.
FOIA And Mugshots Online
How To Request Your New York State Criminal History
An individual may request a Personal Record Review to obtain:
- A copy of his or her New York State criminal history record, commonly called a rap sheet.
- A no record response indicating that he or she has no New York State criminal history record.
Note:An individual cannot request a criminal history record for another person to determine if that person has a criminal history.
New York Criminal Records
New York, like every state, has a vast array of criminal records available. Getting them from New York City versus the rest of the state can result in a vastly different experience. There are many reasons for seeking out criminal records. The primary reason is for employment as most employers require a background check. Other reasons could include to complete a business contract, to volunteer, or to proceed with an adoption.
What If The Case Was Sealed
If the case was sealed or expunged, you might be able to have the image removed free of charge. New York criminal lawyer Todd Spodek says, if you have a court order sealing the file, including mug shots, and present it to the actual website, they will have to take it down or face legal repercussions. With the case sealed or expunged, its tough for anyone to follow up and confirm the arrest.
Where Can A Person Find New York Vital Records
- Resource: New York State Department of Health
The New York State Department of Health is in charge of vital records. Because of COVID-19, there are no walk-in services allowed. The Department of Health keeps divoce certificates for both New York State and New York City.
Those seeking records from New York City should contact the New York City Department of Health and Mental Hygiene or the New York City Marriage Bureau.
You can order certificates online for areas outside NYC at the DOH website as well. That includes pre-adoption birth certificate, birth, death, marriage, divorce, fetal death and still born certificates and genealogy records.