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New York Arrest Records

Is New York an Open Arrest Records State?

New York State operates as an open arrest records state in accordance with the New York Freedom of Information Law (FOIL), codified in Public Officers Law Article 6, §§ 84-90. This designation means that arrest records, which are documents created by law enforcement agencies when an individual is detained or taken into custody, are generally accessible to the public with certain limitations. The availability of these records is rooted in New York's commitment to transparency and accountability in law enforcement and the judicial system as established by statutory provisions.

Public access to arrest records serves multiple governmental and societal functions. Pursuant to Public Officers Law § 87, these records maintain an informed citizenry and uphold a system of checks and balances on public institutions. The New York State Committee on Open Government has consistently affirmed that arrest records fall within the category of public records that should be accessible to citizens, journalists, and other interested parties, subject to specific exemptions outlined in § 87(2).

The policy rationale behind making arrest records public is twofold: to ensure community safety through information disclosure about potential public safety risks, and to safeguard the rights of those arrested by providing an additional layer of public oversight. It should be noted that while arrest records are public, access may be restricted in certain circumstances as provided in § 87(2)(b) when disclosure would constitute an unwarranted invasion of personal privacy or as specified in § 87(2)(e) when disclosure would interfere with law enforcement investigations or judicial proceedings.

How to Look Up New York Arrest Records in 2025

Members of the public seeking New York arrest records have multiple avenues available through both electronic and traditional methods. As of 2025, the following official channels provide access to arrest record information throughout New York State:

  • In-Person Requests: Individuals may visit local police departments or sheriff's offices during regular business hours to request arrest record information. Many agencies maintain public terminals for this purpose.

  • Online Access: The New York State Office of Court Administration (OCA) maintains electronic databases accessible through the New York State Unified Court System. Additionally, many county and municipal law enforcement agencies provide online portals for accessing recent arrest information.

  • Written Requests: Pursuant to Public Officers Law § 89(3), citizens may submit formal written requests to the records access officer of the appropriate law enforcement agency. Agencies must respond to such requests within five business days.

  • Authorized Third-Party Services: While commercial services aggregate public records, the New York State Division of Criminal Justice Services (DCJS) cautions that only information obtained directly from authorized governmental sources should be considered official.

New York State Division of Criminal Justice Services
Alfred E. Smith Building
80 South Swan Street
Albany, NY 12210
(518) 457-5837
Hours: Monday-Friday, 9:00 AM - 5:00 PM
Criminal History Records and Background Checks

Contents of a New York Arrest Record

New York arrest records contain standardized information as mandated by New York Criminal Procedure Law § 160.10. These official documents typically include the following elements:

  • Biographical Information: Full legal name of the arrested individual, any known aliases, date of birth, physical description, and residential address at time of arrest.

  • Photographic and Biometric Data: Mugshot photographs taken from front and profile views, and fingerprint impressions collected pursuant to Executive Law § 837(6).

  • Arrest Details: Date, time, and location of the arrest; the arresting agency; badge numbers of arresting officers; and circumstances leading to the arrest.

  • Criminal Charges: Specific violations of New York Penal Law or other applicable statutes for which the individual was arrested, including classification of offenses (violations, misdemeanors, or felonies).

  • Case Processing Information: Court docket numbers, arraignment details, bail or bond determinations, and current status of the case within the judicial system.

  • Disposition Information: Final resolution of the case, which may include dismissal, acquittal, conviction, sentencing details, or other judicial determinations.

It should be noted that pursuant to Criminal Procedure Law § 160.50, records pertaining to cases that resulted in favorable dispositions (such as dismissals or acquittals) may be sealed and thus removed from public access.

Understanding the New York Open Records Act

The New York Freedom of Information Law (FOIL), commonly referred to as the New York Open Records Act, establishes the framework for public access to government records, including arrest records. This legislation is codified in Public Officers Law Article 6, §§ 84-90, and operates under the fundamental premise that government records should be accessible to the public unless specifically exempted by statute.

The Committee on Open Government, established under Public Officers Law § 89(1), provides oversight and guidance regarding the implementation of FOIL. This committee issues advisory opinions, regulations, and guidelines to assist agencies and the public in understanding their rights and responsibilities under the law.

Key provisions of FOIL as they relate to arrest records include:

  • Presumption of Access: Public Officers Law § 87(2) establishes that all government records are presumptively open for public inspection unless they fall within specific statutory exemptions.

  • Request Procedures: Pursuant to § 89(3), agencies must respond to requests for records within five business days, either by providing the records, denying access with explanation, or acknowledging receipt with an approximate date when the request will be granted or denied.

  • Exemptions Relevant to Arrest Records: Section 87(2) outlines exemptions that may apply to arrest records, including those that would:

    • Interfere with law enforcement investigations or judicial proceedings
    • Deprive a person of a right to a fair trial
    • Constitute an unwarranted invasion of personal privacy
    • Endanger the life or safety of any person
  • Appeal Process: Section 89(4) provides for administrative and judicial review of denied requests, allowing requesters to appeal denials first to the head of the agency and subsequently to the courts.

New York State Committee on Open Government
Department of State
One Commerce Plaza
99 Washington Avenue, Suite 650
Albany, NY 12231
(518) 474-2518
Hours: Monday-Friday, 8:30 AM - 4:30 PM
Committee on Open Government

Expungement of Arrest Records in New York

New York State law provides mechanisms for the sealing and expungement of certain arrest records under specific conditions as outlined in Criminal Procedure Law (CPL) § 160.50 and § 160.59. The process allows eligible individuals to remove their arrest information from public access, though records may still be maintained for law enforcement purposes.

Eligibility criteria and procedures for expungement include:

  • Favorable Dispositions: Pursuant to CPL § 160.50, records of arrests that resulted in dismissals, acquittals, or other favorable dispositions qualify for automatic sealing. The court is required to issue a sealing order upon such dispositions.

  • Conviction Sealing: Under CPL § 160.59, individuals with no more than two criminal convictions (only one of which may be a felony) may apply for sealing after a 10-year waiting period from the date of sentence or release from incarceration, whichever is later.

  • Marijuana Conviction Expungement: Following the passage of the Marijuana Regulation and Taxation Act in 2021, CPL § 160.50(5) provides for automatic expungement of certain marijuana-related convictions.

  • Youthful Offender Adjudications: Records of cases where individuals received youthful offender status are automatically sealed pursuant to CPL § 720.35.

The application process requires:

  1. Filing a motion in the court where the case was adjudicated
  2. Notification to the district attorney's office
  3. Possible court hearing if the district attorney objects
  4. Judicial determination based on factors including the nature of the offense and the applicant's rehabilitation

New York State Office of Court Administration
25 Beaver Street
New York, NY 10004
(800) 268-7869
Hours: Monday-Friday, 9:00 AM - 5:00 PM
New York State Unified Court System

How to Find Local Arrests in New York?

Members of the public seeking information about local arrests in New York may utilize several official resources established pursuant to County Law § 650 and Municipal Home Rule Law § 10. These resources include:

  • Local Law Enforcement Agencies: Police departments and sheriff's offices maintain daily arrest logs that are available for public inspection during regular business hours. Many departments provide dedicated public terminals for accessing this information.

  • County Clerk Offices: Pursuant to Judiciary Law § 255, county clerks maintain records of all criminal proceedings within their jurisdiction, including arrest information that has resulted in court proceedings.

  • Online Resources: Many local law enforcement agencies have established digital portals that provide real-time or near-real-time information about recent arrests within their jurisdictions.

  • Court Calendars: Daily court calendars, which list arraignments and other proceedings, are public documents that provide information about recent arrests and subsequent court appearances.

  • FOIL Requests: For specific arrest information not readily available through other means, individuals may submit formal requests under the Freedom of Information Law to the appropriate agency's records access officer.

New York City Police Department
Records Access Officer
One Police Plaza, Room 110C
New York, NY 10038
(646) 610-5296
Hours: Monday-Friday, 8:30 AM - 4:30 PM
NYPD Records Access

New York State Police
Records Access Officer
1220 Washington Avenue, Building 22
Albany, NY 12226
(518) 457-5837
Hours: Monday-Friday, 9:00 AM - 5:00 PM
State Police Records Access

Search Arrest Records in New York