Arrest records are public in Albany, New York, pursuant to the New York State Public Officers Law Article 6, Sections 84-90, commonly known as the Freedom of Information Law (FOIL). This legislation establishes the framework for public access to government records, including those pertaining to arrests. Under § 87 of the Public Officers Law, each agency shall make available for public inspection and copying all records, with certain exceptions for privacy and security concerns. The Albany Police Department maintains these records in accordance with state regulations to ensure transparency in law enforcement operations while balancing individual privacy rights.
Members of the public seeking arrest information may submit requests through designated channels established by the Albany Police Department. The department processes these requests in compliance with statutory timeframes, typically requiring a response within five business days of receipt. Certain information may be redacted from public arrest records to protect ongoing investigations or personal identifying information as specified under § 89(2) of the Public Officers Law.
The Albany Police Department provides multiple avenues for accessing arrest records in compliance with New York State Public Officers Law. Individuals seeking such information may utilize the following official methods:
Albany Police Department Headquarters
165 Henry Johnson Boulevard
Albany, NY 12210
(518) 438-4000
Albany Police Department Official Website
Online Portal Access: The Albany Police Department maintains a digital records system through which certain arrest information can be accessed. Users must register and may be subject to verification procedures before gaining access to these records.
Written Correspondence: Formal written requests may be submitted to the Records Division, specifying the information sought. Requests must include the requester's contact information and sufficient detail to identify the specific records being requested.
New York State Office of Court Administration: For comprehensive criminal history information, individuals may contact:
New York State Office of Court Administration
25 Beaver Street
New York, NY 10004
(212) 428-2100
NYS Unified Court System Website
Pursuant to § 160.50 of the New York Criminal Procedure Law, certain arrest records may be sealed and therefore unavailable through standard public access channels. In such cases, only authorized agencies or the individual named in the record may obtain access through special application procedures.
Albany arrest records contain standardized information as mandated by New York State Division of Criminal Justice Services regulations. These official documents typically include the following elements:
Biographical Information: Full legal name of the arrested individual, date of birth, physical description, and residence address at time of arrest.
Arrest Details: Date, time, and precise location of the arrest, including the street address or intersection where the apprehension occurred.
Offense Information: Specific charges filed, including the New York State Penal Law section numbers and descriptions of alleged violations.
Case Processing Data: Arrest number, booking information, fingerprint classification number (if applicable), and court docket number once assigned.
Arresting Agency Information: Identification of the law enforcement unit responsible for the arrest, including officer badge numbers and precinct information.
Disposition Status: Current status of the case within the criminal justice system, including pending court dates or final case outcomes if resolved.
Bail/Bond Information: Terms of pretrial release, including monetary amounts set by the court and conditions of release.
The Albany Police Department maintains these records in accordance with the department's community relations and crime prevention protocols. Pursuant to New York State regulations, certain sensitive information may be redacted from public versions of arrest records, including Social Security numbers, information related to minors, and details that might compromise ongoing investigations.
New York State law provides mechanisms for the expungement or sealing of certain arrest records under specific circumstances. The process is governed primarily by New York Criminal Procedure Law § 160.59, which establishes eligibility criteria and procedural requirements. Individuals seeking expungement in Albany must adhere to the following statutory framework:
Eligibility Determination: Not all arrests qualify for expungement. Generally, individuals must wait at least 10 years from the date of conviction or release from incarceration, whichever is later. Certain serious offenses, including violent felonies and sex offenses, are ineligible for expungement.
Application Process: Petitioners must file formal applications with the court of original jurisdiction. The Albany County Courthouse processes these applications for arrests occurring within city limits.
Albany County Courthouse
16 Eagle Street
Albany, NY 12207
(518) 285-8989
Albany County Court Website
Required Documentation: Applications must include certified copies of the original case disposition, fingerprint records, and a sworn affidavit attesting to eligibility under § 160.59. The Albany Police Department can provide certified copies of arrest records for this purpose through their online reporting system.
Notification Requirements: The District Attorney's Office must be notified of expungement applications and has 45 days to file objections. The court may schedule hearings to address contested applications.
Judicial Review: A judge evaluates each application considering factors including the nature and circumstances of the offense, the petitioner's character and rehabilitation evidence, and any impact statements from victims.
Effect of Expungement: When granted, expungement restricts public access to arrest records and prohibits their use in civil proceedings. However, law enforcement agencies retain limited access to sealed records for specific statutory purposes.
The Albany Police Department, as part of its Police Reform & Reinvention Collaborative, has implemented procedures to ensure compliance with expungement orders and to facilitate the restoration of rights for eligible individuals.