New York Criminal Records

New York Criminal Records are official papers documenting people's criminal histories in the state. Records include information such as the offense committed, court convictions, and pending dispositions.

The Freedom of Information Law (FOIL) makes New York Criminal Records available to the public. The public has access to all criminal records in New York under this state legislation.

While local law enforcement agencies in New York create and preserve criminal offense data and reports for respective jurisdictions, the New York Division of Criminal Justice Services (NYDCJS) is in charge of the state's central repository of criminal record information.

A New York Criminal Record will include the following:

• Subject's personal information (full name, date of birth, nationality, and gender)
• Any aliases
• Mugshot
• Fingerprints
• Driver license number
• Distinct physical descriptors
• Current and previous addresses
• Information about all charges
• Arrest records and outstanding warrants
• Information on pending dispositions and convictions

Like every other state, information on a New York Criminal Record varies. If you want to know what kinds of crimes are on criminal records in New York, they are as follows:

Felonies

Like in most states, the most severe crimes in New York are felony records. There are five types of felony records in this state, from Class E to Class A, with different punishments depending on the crime's severity.

Class A-I

Crimes like terrorism, first-degree arson, aggravated murder, and conspiracy are all examples of this type of felony. It can get you a minimum of 15 to 25 years and a maximum of life in prison.

Class A-II

Those who commit this felony will spend at least 3 to 8 years and four months in prison and up to life imprisonment. Crimes in this category include:

• Chemical or biological weapon usage
• Possession of at least four ounces of drugs
• Predatory sexual assault

Class B

Crimes like money laundering, first-degree robbery, taking bribes, and attempting to kill someone are all Class B felonies. It has a minimum sentence of one year and a maximum sentence of one-third of the maximum sentence of 25 years.

Class C

The minimum punishment for this type of felony is between one year and one-third of the maximum, which is 15 years. The following are the most common crimes in New York under this category:

• Theft
• First-degree vehicular manslaughter
• Drug dealing
• Assault

Class D

Whoever commits a Class D felony will spend at least one year in jail and up to one-third of the maximum of seven years. This class includes crimes like fraud, second-degree felony assault, and manslaughter.

Class E

Theft, aggravated harassment, and assault are all examples of this type of felony. It can get you up to four years in prison, but the least you can get is between one year and one-third of the maximum.

In New York, a felony record will follow you for the rest of your life. The only way to remove a felony record in this state is to go through a strict process called "sealing". You must, however, wait ten years before sealing your record.

Misdemeanor

New York categorizes its misdemeanor records into three classifications based on the severity of the crime: Class A misdemeanors, Class B misdemeanors, and unclassified misdemeanors.

Class A Misdemeanors

This type of misdemeanor comes with a fine of $1,000 and up to 364 days in jail. The defendant's fine may double depending on the amount gained from the crime. 

The following are examples of class A misdemeanors in New York:

• Identity theft
• Larceny
• Unlawful possession of firearms
• Third-degree assault
• Unauthorized access to a computer network
• Sexually touching someone against their will
• Unauthorized graffitiing

Class B Misdemeanors

If you commit this misdemeanor, you could go to jail for up to three months and have to pay a $500 fine (or give back double what you stole). In New York, the following are class B misdemeanors:

• Prostitution
• Fourth-degree stalking
• Fortune telling
• Intended and repeated harassment
• Public lewdness
• Unlawful meeting

Unclassified Misdemeanors

Some misdemeanors in New York don't have a specific category. In that instance, the law or ordinance will outline the consequences.

The following are some examples of common, unclassified misdemeanors and their potential penalties:

• Driving on a suspended license (30 days in prison and a fine of $200-$500)
• Reckless driving (30 days in jail and a potential fine of $300)
• Driving while intoxicated (364 days in prison and a $500-$1,000 fine)

How long does a misdemeanor show up on your record? In New York, misdemeanor records are permanent unless sealed.

Criminal Driving Violations

In New York, criminal driving violation records are misdemeanors, felonies, and infractions. By committing these offenses, you could go to prison, pay a significant amount in fines, or lose your driving license for a long time.

Felony Traffic Violations

Felony traffic violations are the most severe criminal driving violations in New York. These offenses carry the heaviest fines and prison sentences of more than one year.

In New York, the most common felony traffic offenses are:

• Repeated DUI crimes
• Aggravated vehicle homicide
• First-degree aggravated unlicensed driving
• Vehicular manslaughter
• Aggravated vehicular assault

Traffic Misdemeanors

New York Traffic Misdemeanors can result in fines, jail time, and license suspensions. Here are typical examples of traffic misdemeanors in the state:

• Helping unlicensed drivers
• DUI/DWI
• Third-degree aggravated unlicensed driving
• Reckless driving

Traffic Infractions

Fines are usually the only punishment for this kind of criminal driving violation. However, depending on how bad the crime was and if other things made it worse, infractions could also carry a punishment of imprisonment.

You'll have a traffic infraction record in New York if you are guilty of some of the common offenses under this category:

• Driving through a safety zone
• Putting glass or other hazards on the road
• Ignoring a broken traffic light
• Blocking an intersection

In New York, criminal driving violations can linger on a record for up to 15 years, depending on the offense. Most traffic violations stay on an offender's record for four years. However, significant traffic offenses, especially those involving alcohol or drugs, remain in the offender's record unless sealed.

Sexual Offenses

Sex offense records have severe consequences in New York. These sexual offense records in this state range from Class B misdemeanors to Class A-II felonies based on the harm inflicted and the victim's age or consent.

The following are the most common sex offenses in New York:

Rape and Sexual Misconduct

The New York law categorizes rape into three degrees, which are:

First-degree Rape

Rape of the first degree is a Class B felony that can get you between five and 25 years in prison.

Second-degree Rape

This degree of rape is a Class D felony that could get you two to seven years in prison.

Third-degree Rape

Rape of the third degree is a Class E felony. Those who commit this sexual offense will spend one-and-a-half to four years in prison.

Sexual conduct, on the other, is the lowest level of rape in New York. It is a Class A misdemeanor that carries a sentence of a year in jail.

Aggravated Sexual Abuse

This sort of sexual assault involves nonconsensual genital or anus penetration. Offenses under aggravated sexual abuse are primarily felonies from a Class E to a Class B felony. Violations with physical harm to the victim have a punishment of a first or second-degree crime.

Sexual Abuse

New York has three penalty levels for this sexual offense, and these are:

First-degree Sexual Abuse

A person guilty of sexual abuse in the first degree will have a Class D felony punishment of two to seven years in jail.

Second-degree Sexual Abuse

Sexual abuse, to this degree, is a misdemeanor. Those who commit sexual abuse in the second degree will spend up to one year in jail.

Third-degree Sexual Abuse

Third-degree sexual abuse is a misdemeanor that could get you up to three months in jail if you are guilty.

Forcible Touching

Some examples of this sexual offense are pinching, grabbing, or squeezing. A conviction for this is a Class A misdemeanor, which can get you up to a year of imprisonment.

Like other states, New York requires most individuals convicted of sex offenses to register with the New York state sex offender registry for at least 20 years.

An offender must register at least once a year in New York, notify authorities of any changes in housing or work addresses, provide updated pictures, and provide information on Internet accounts and screen aliases.

Compared to other states, New York does not allow for the expungement of criminal records. Instead, under some conditions, New York provides for sealing some criminal records.

How to Seal Your Record in New York?

If you are planning to seal a crime on your criminal record, New York's process for sealing criminal records is as follows:

• Complete the application and send supporting documentation
• Send the application to the court that was in charge of the crime(s) and to the county's District Attorney (DA)
• Request a hearing if the judge doesn't dismiss the application
• The judge issues a decision

What Crimes in New York Are Not Eligible for Sealing?

Before applying, remember that certain offenses are not eligible for sealing in New York. Among others, the following crimes are ineligible for sealing:

• Sex offenses requiring registration
• Violent Crimes
• Class A Felonies
• Other felonies defined by laws

What Are the Conditions in New York for Sealing a Criminal Record?

If your committed offense qualifies for sealing, you must still meet specific requirements. In New York, sealing requires the following:

• At least ten years must pass between your release and court application
• You have no pending charges
• You don't have any recent convictions
• You haven't sealed the maximum number of convictions
• You have a criminal record with no more than two convictions

Inmate records in New York are official documentation about local and state-run correctional facilities and individuals detained and confined therein.

The New York Department of Corrections (NYDC) manages most state inmate records. NYDC, like all other states, maintains a public access database of inmate records that the public can use to conduct inmate searches.

In this public database, people can look up information by name alone or by name and birth year. People can also search for information using the Department or New York State identification numbers.

When a requester obtains an inmate record, they will have the following information:

• Inmate's personal information (name, birth date, nationality, and gender)
• Any aliases
• Booking photo
• DOC ID
• Height and weight
• Assigned location
• Sentence summary

New York Arrest Records are official papers containing details about a person's arrest, imprisonment, and questioning after being guilty of criminal activity.

In New York, arrest warrants are authorized papers signed by a judge and give the police the right to apprehend, detain, and question a person within the state's borders.

Most people arrested in New York will go through the same booking process. After arrest, the officer will always take the person to the police station precinct and take their fingerprints, information, and a mugshot.

In contrast to other states, New York has no central repository for anyone wishing to do an arrest search. If interested, you can request an arrest record from a local New York police station.

However, there are no free arrest records in New York. Stations will impose administrative fees for accessing and copying documents when requested.

Typical arrest records in New York include:

• Arrestee's personal information (name, gender, date of birth, and nationality)
• Any aliases
• Offense details
• Arrest date, time, and location
• The state of the case
• The arresting officer's name
• The holding center's address

Finding criminal records can be done for many purposes. In New York, before hiring new employees or volunteers, employers and other organizations frequently undertake a search for criminal records.

To acquire criminal records, you can conduct a Criminal Record Search (CHRS) through the New York State Office of Court Administration (NYS OCA). If interested, you may execute criminal records checks in New York in two ways: online and in person.

You can send your application on the Direct Access page if you want to apply online. When searching, it's essential to know that the search criteria are strict and that the name and birth date must match exactly. You must also pay $95 and wait until the next business day to acquire the search result through email.

You may complete a CHRS Application Form for in-person requesters. This form requires your name, phone number, address, other information, and the criminal record's full name and date of birth. You must also send the $95 fee with the package, which you can do in person or by mail.

The NYS OCA will respond to mail-in applications the following days after receiving them. You will get your lookup results the next business day, either by email or by picking them up.