New York Criminal Court Records

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    New York criminal court records consist of all judicial documents created and filed during the prosecution of a case within the state. These records are vital, as they ensure that essential judicial processes are properly documented for future reference, thereby promoting transparency and accountability.

    The New York State Unified Court System, through its court clerks' offices, is responsible for the safekeeping of all court records, including criminal case files. The court system preserves and dispenses these records in accordance with state laws, particularly New York Judiciary Law § 255.

    Are Criminal Court Records Public in New York?

    Yes. New York criminal court records are public documents per the New York Judiciary Law § 255. However, certain criminal court records are not subject to public disclosure in the state. These records are protected and often require court or statutory authorization to access. The following records are classified as confidential in New York.

    • Records that constitute an unwarranted invasion of privacy
    • Records that interfere with law enforcement investigations or judicial proceedings
    • Criminal court records pertaining to juveniles
    • Records that have been suppressed or sealed
    • The identity of crime victims
    • Sensitive personal information

    What Criminal Court Records Contain in New York

    The information available in public criminal court records is generally limited to non-confidential details, with sensitive or restricted data excluded. Public information in these records includes

    • Case information, e.g., case number, the presiding court, attorney information, and the defendant's name and age
    • Arrest information, e.g., incident/arrest date and arresting agency
    • Court appearance dates
    • Charges filed
    • Disposition/sentences
    • Motions

    New York Criminal Court Records Search

    Criminal court records in New York are public, and access is generally facilitated through online portals, in-person court visits, and mail-in requests. To access a criminal court record, individuals will have to determine the court where the case was filed. The clerk of that court is directly responsible for managing and disseminating the court's records. Individuals may visit or write to the office to make a request. For example, the Supreme Court and County Court usually archive their records with the County Clerk, so the desired record may be there.

    Persons making a request for a court record are expected to be specific and provide as much information as possible so that the record can be located. The fees associated with obtaining a court record are stipulated in CPLR § 8019(f), but they may differ per county.

    Some courthouses, like Ulster County in New York, have public terminals that the public can use to search for court records. This helps reduce the burden on court staff and is beneficial to researchers who only want to view the record and not obtain a copy. The New York State Unified Court System also features a WebCriminal Portal that contains criminal court records from pending criminal cases with future appearances from select courts in the state. A search can be made using the case/summons number or the defendant's name.

    Free Access to Criminal Court Records in New York

    Searching for criminal case details in New York State can be done without payment using several options. The WebCriminal Portal and public terminals at courthouses offer free access to criminal case information. However, digitized records may not contain every document related to the case. Some of these documents may only be viewed when purchased from the clerk's office.

    Individuals facing financial constraints but who require a copy of a criminal court record may report to the court clerk. The individual may be given a form to fill out and submit so the court can determine if they are qualified to receive a fee waiver. If the request passes review, the requester will be allowed to obtain copies of the record at no cost.

    Sealing and Expungement of Criminal Court Records in New York

    Sealing and expungement are legal processes that restrict public access to criminal records. Sealing limits public access by making a record confidential without erasing it. Expungement, by contrast, is intended to erase a record completely. However, New York law generally does not provide for the expungement of criminal court records; the state primarily utilizes sealing as the default remedy for restricting access.

    How to Seal Criminal Court Records in New York

    Individuals with a criminal court record in New York can file a petition to have the record sealed if they are eligible (or have it sealed automatically). The primary provisions for sealing under the law are found in CPL §§ 160.57 (Clean Slate Act), 160.58, and 160.59. Most eligible offenses in New York are automatically sealed pursuant to the Clean Slate Act after a period of time. These offenses include

    • VTL § 1192 (DWI) offenses: Three years after conviction
    • Misdemeanors: Three years after sentence completion
    • Felonies (excluding Class A felonies): Eight years after release

    Individuals wanting sealing under this act must not have any pending criminal cases and should not be under probation, parole, or post-release supervision.

    The law also allows for the conditional sealing of certain drug-related convictions if the defendant has completed a court-approved judicial diversion or drug treatment program. Persons with up to two eligible convictions, provided only one is a felony, can petition the court that tried the most serious offense to seal the record. However, such petitions can only be made if the petitioner has no new conviction or pending criminal case, and ten years have passed.

    The first step in having a criminal court record sealed is verifying eligibility. The individual must then obtain a Criminal Certificate of Disposition by submitting the Request for Criminal Certificate of Disposition form to the court clerk. The certificate proves that the case was duly resolved. The certificate must be obtained separately for each offense; if more than one conviction is to be sealed, even if the convictions happened in separate counties.

    Once the certificate has been obtained, the next step is to complete the "Notice of Motion" and "Affidavit in Support" portions of the Sealing Application. The petitioner may then proceed to serve the filled portions to the District Attorney's Office where the conviction occurred. If applying for more than one conviction spanning multiple counties, each county's District Attorney must be served (See List of District Attorney Offices).

    Individuals will need to complete the "Affidavit of Service" portion of the sealing application once the papers have been served. Separate Affidavit of Service papers should be filed if more than one District Attorney was served on different dates or by different people.

    The next step is to file all pages of the sealing application, along with any supporting documents, in the court where the conviction(s) were adjudicated. The court will review the papers, and if the eligibility requirements are met and there are no compelling reasons to deny, the court can issue a sealing order. Petitioners can complete and mail the Request for CPL 160.59 Seal Verification Form, along with a copy of the seal order, to the Division of Criminal Justice Services to receive verification of sealing:

    NYS Division of Criminal Justice Services

    Correspondence Unit - 5th Floor

    80 South Swan Street

    Albany, NY 12210

    Non-US citizens should note that sealing of their criminal court record in the state does not apply for immigration purposes. Persons not eligible for sealing may request a Certificate of Relief from Disabilities€¯or a Certificate of Good Conduct€¯from the courts. These certificates may help with employment or licensing restrictions.

    How to Expunge a Criminal Record in New York

    In New York, expungement of criminal court records for convictions is generally not available. A notable exception is the Marijuana Regulation and Taxation Act (MRTA), enacted in 2021. The Act requires the automatic expungement or dismissal of certain past marijuana-related convictions. Apart from marijuana offenses covered under this law, sealing remains the primary method for limiting public access to criminal court records in New York. Additionally, under CPL § 440.10(1)(i), individuals convicted as a direct result of being victims of human trafficking may petition the court to have their convictions vacated.

    Criminal Records in New York vs Court Records

    Criminal records and court records are related but distinct types of records. Criminal records are centralized histories managed at the state level that include arrests, charges, and convictions. These records are kept by law enforcement agencies and provide a comprehensive overview of a person's criminal history.

    Court records are created in court during legal deliberations about a case. Unlike criminal records, they are maintained individually by courts and only contain information relevant to the particular case being tried.

    Requesting a New York Criminal History Record

    The New York State Division of Criminal Justice Services (DCJS) maintains and is the only source of obtaining criminal history records in New York. Criminal history records in the state are not public records and so cannot be disclosed under the state's Freedom of Information Law (FOIL). Only the subject of the record, criminal justice agencies, courts, permitted employers, and licensing agencies may access the record.

    When requesting, individuals are given the option to choose between the suppressed and unsuppressed records. A suppressed record does not include sealed criminal information, while an unsuppressed record includes both public and sealed criminal history.

    How to Request a New York State Background Check

    The DCJS uses fingerprints to process criminal history check requests. Individuals who want a copy of their criminal history record (also known as a police certificate or rap sheet) must submit their fingerprints to the department.

    Requesters may have their fingerprints taken by scheduling an appointment with the department's fingerprinting vendor online or by phone. Individuals are required to bring a government-issued photo ID and a $14.25 fee ($44.25 if requested from outside the state). The vendor will forward the fingerprints to the DCJS for processing, after which a response will be mailed to the requester within three to four weeks. The response will include the criminal record or a "no record" response, along with information on how to challenge the accuracy of the record.

    Individuals who cannot afford the fee can request a criminal history record fee waiver application packet from the department by email or regular mail.

    Active vs Archived Criminal Cases in New York

    Active criminal cases can be referred to as live cases, meaning they are still being processed by the court. These cases appear on court calendars and are often accessible through the WebCriminal portal, provided they are not confidential. Archived criminal cases have been closed for a long time and moved out of the court's active docket. These records cannot be found on the court's calendar or through online searches. Inquirers usually need to contact the court that handled the case.