Free New York Criminal Law FAQs | Free New York Criminal Law Legal Documents

Are youthful offender records sealed?

Fri, 31 Jul 2009 20:55:24 GMT

Yes. Under CPL 720.35, "Youthful Offender" records are confidential and sealed as follows:

"Youth" means a person charged with a crime alleged to have been committed when he/she was at least sixteen years old & less than nineteen years old. Youthful Offender status is granted at sentencing in the interest of justice & is meant to relieve the eligible youth from the onus of having a criminal record.

Youthful Offender records are automatically sealed upon a youthful offender adjudication. All official records and papers on file with court or police agency or the NYS Division of Criminal Justice Services (DCJS) are sealed.

However, these confidential records are still available, or may be released to, the following:

The institution to which the youth has been committed.
The division of parole.
The probation department.
The statewide registry of orders of protection when an order of protection or family offense warrant is issued.
The designated educational official (DEO) of the public or private elementary or secordary school in which the youth is enrolled as a student. The DEO shall not have access to any other official records except an order of protection or temporary order of protection issued pursuant to CPL 530.12.
Statewide registry for orders of protection or a warrant issued pursuant to CPL 530.12.
Where specifically required or permitted by statute.
Upon specific authorization of the court.

Can I expunge my criminal history record in New York?

Fri, 31 Jul 2009 20:16:21 GMT

No. In New York, while some criminal history information may be "sealed," such sealed criminal history information is not expunged or deleted from the Criminal History Report. Also, even sealed information is only supressed for certain inquiries. The information may still be released in where authorized by law.

Criminal history record information that is sealed or suppressed will still be released in the following circumstances:

- In response to a fingerprint inquiry regarding a job applicant for peace/police
officer employment;
- In response to an inquiry regarding an application for a firearms license;
- Pursuant to a court order;
- In response to a request for Record Review, which can only be requested
by you or your attorney when authorized by you.

Can criminal records be sealed in New York?

Fri, 31 Jul 2009 21:02:36 GMT

Yes. Criminal Procedure Law 160.50 allows for the sealing of criminal records, and the destruction of fingerprints, palmprints, photographs, proofs and copies thereof, when the outcome of the criminal case is "favorable to the defendant" and after the passage of time defined by law.

Cases become favorable for sealing immediately upon a favorable finding of:

Acquittal
Outright dismissal
Upon dismissal after an Adjournment in Contemplation of Dismissal pursuant to CPL 170.55/170.56.
Note: Abated by death is NOT a favorable disposition.

Cases become favorable for sealing three years after the crime occurred for fingerprintable cases reduced to Penal Law 221.05 (marijuana) for which there was a plea or conviction.

How does a person obtain a copy of his or her criminal record in New York?

Fri, 31 Jul 2009 20:02:19 GMT

A person can obtain a copy of his or her criminal record by requesting a Record Review Packet from the NY Division of Criminal Justice Services (DCJS), and following the directions for the completion and submission of a fingerprint card to DCJS along with a fee of $50. There is no fee for the application packet itself; however a fee of $50 must be included when you complete the materials and return them to DCJS to obtain a copy of your record.

The request for a Record Review Packet may be made either by email, standard mail or phone using the contacts shown below:

By email:

Send to: RecordReview@dcjs.state.ny.us

You must provide your complete name and mailing address in order to receive a packet.

A sample format of the Email request would be:

To: RecordReview@dcjs.state.ny.us
Subject: Record Review Packet Request
Message: Please send a copy of the Record Review Packet to me at the address provided. My mailing address is:

JOHN Q PUBLIC
APT 4
12345 MAIN STREET
MYTOWN NY 12345

By mail:

Standard Mail:
RECORD REVIEW UNIT
NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES
4 TOWER PLACE
ALBANY NY 12203-3764

By phone:

518-485-7675

In New York, does a person have the right to obtain a copy of their criminal record?

Fri, 31 Jul 2009 19:56:24 GMT

Yes. Pursuant to 9 New York Code of Rules and Regulations Part 6050.1, an individual, or his or her attorney who has been authorized in writing, has the right to obtain either a copy of all criminal history information maintained on file at the NY Division of Criminal Justice Services pertaining to him/herself. If there is no information on file, then the person has a right to obtain a response from the DCJS indicating that there is no criminal history information on file.

There is incorrect information in my New York criminal history report. How do I change it?

Fri, 31 Jul 2009 20:10:23 GMT

If your Criminal History Report Information (CHRI) is incomplete or inaccurate, you may challenge it and request a modification. The challenge process gives you the opportunity to provide supporting documentation to DCJS which shows the error in the report.

To challenge or correct the data in the report regarding an arrest:

To modify arrest data such as arrest charges, date of arrest or date of crime, as contained on your CHRI report, you must contact the arresting agency to request that they submit the modification to DCJS. DCJS REQUIRES written notification from the ARRESTING AGENCY to correct this information on your CHRI report.

To challenge or correct the case disposition data, or to update missing dispositon data:

You must contact the court of adjudication to request a certified copy of the disposition. Once you have obtained the certified court document, please forward it to the DCJS Record Review unit for processing. Photostatic copies are NOT acceptable unless they contain an embossed (raised design) seal from the issuing court.

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