New York Criminal Records Broken Down:
All the information listed below are detailed descriptions of the types of records accessible on this site. Open Public Records has broken down each type of conviction to help get a better understanding of what you are searching for. This includes general information of common convictions, specific information relating to the state searched, as well as links to government official sites for further information to ensure the most accurate data is provided.
New York Arrest Records and Police Records:
An arrest record is a record of the suspicion of a person with or without a conviction. Police arrest records are a list of all arrest circumstances of anyone suspected of doing something against the law. As established under New York Executive Law Article 35, the New York State Division of Criminal Justice Services (DCJS) is the primary database for criminal history records in the state of New York. The DCJS provide criminal history reports, called rap sheets, upon request. The amount of information in a report requested depends on the requestor and the reason for the application.
New York Arrest Warrants:
An arrest warrant is an official document given by an authority, from a specific state, which empowers police officials to show legal documentation to arrest an individual. If an individual has committed a minor violation of court rules a bench warrant may be issued for their arrest. In the event of a bench warrant, it is unlikely that law enforcement will devote time and resources to search for an individual as they imply less serious legal trouble than arrest warrants, which mean an individual must respond to underlying criminal charges.
New York Difference Between Misdemeanors and Felonies:
A misdemeanor is a minor offense, considered less severe than a felony. Like a felony, a misdemeanor charge is placed into a number based, legal system which then gets filed under a person's record, describing the severity of the alleged crime. This type of crime is usually punished by a fine and sometimes a small jail sentence. A felony will often stay on a criminal record, permanently, and can even be the result of a loss of civil rights. A misdemeanor in New York constitutes of any crime punishable by a minimum of 15 days jail time and a maximum of 1 year in prison and fines of $1,000. Misdemeanors are further separated into three categories: Class A, Class B, and unclassified misdemeanors. Crimes in Class A have a maximum sentence of one year in jail. Class B misdemeanors have a maximum penalty as high as 90 days in jail. A misdemeanor conviction could raise future charges from a misdemeanor to a felony. Unclassified misdemeanors are outside the penal law and are punishable by jail time or fines. Felonies in New York carry a prison sentence of over a year and are divided into Class A through E. Class A felonies are the most serious and possibly result in a life sentence. Furthermore, Class A felonies are classified into Class A-I and Class A-II. Convicted felons face severe consequences including likely losing any professional license issued by the state, losing the ability to seek any professional license, and losing voting ability.
New York Sex Offender Registry:
Persons who were convicted of committing crimes involving sex, including rape, molestation, sodomy, sexual harassment and pornography production or distribution, are placed in a registry as a sex offender. Persons on the registered sex offenders list are required by law to alert the neighborhood authorities of their current address of where they reside, in order for the information to be public knowledge. Sex offenders in New York are classified into three levels. Level 1 criminals have a low risk of re-offense, level 2 offenders have a medium chance, and level three have a high risk. The level of risk is ruled by a judge following a court hearing. Under the law, only level 2 and 3 offenders are recorded under a public directory. Offenders under level 1 are obligated to register for 20 years while offenders under level 2 and 3 for life. For more information on risk levels and designation visit http://www.criminaljustice.ny.gov/nsor/risk_levels.htm
New York Serious Traffic Offenses:
These traffic violations can involve reckless driving behavior, willful disregard for public safety, driving while intoxicated or under the influence of substances, driving without a valid driver's license, failing to stop at the scene of an accident, driving without insurance, and a hit and run. Many of the violations involve the driver to be taken into custody and required to post a bail bond, just like other non-traffic crimes. In New York, there are three "serious" traffic violations considered non-criminal. These are unsafe lane change - VTL 1128(a), speeding 15 mph or more - VTL 1180(d), and following too closely - VTL 1129(a). The consequences of the violation level (non-criminal) traffic offenses include increased insurance rate, points, fines, and NYS DMV Driver Responsibility Assessment Surcharges, drivers license suspension, Increased Dangers and Sensitivities to CDL (commercial driver license) holders. Reckless driving is also considered a serious traffic offense; however, it is classified as a misdemeanor under New York law. Also, the state of New York has a Driver Violation Point System to identify high-risk drivers. If an individual receives 11 points in an 18 month period their driver's license may be suspended. For more information on the New York point system and violation types visit https://dmv.ny.gov/tickets/about-nys-driver-point-system
New York Conviction Records:
Conviction records are records of past and current criminal histories on individuals, stored by legal agencies. Generally, these records document why the person was arrested, when they were arrested, the date of the conviction, what it was for and the sentence imposed. The New York State Human Rights Law protects people who have been convicted of a crime, by not allowing for discrimination of any kind towards persons with a conviction.
New York Jail and Inmate Records:
These records include details of any current or past jail time, a detailed list of any offenses the inmate was convicted of (also known as a "rap sheet"), the sentence they received, and where they served time for the crime. When locating the correct inmate, you will need to know the inmate's full name, state they are located, and their inmate correctional number. An inmate correctional number is an ID given to each inmate and is crucial to finding the correct inmate record. In New York records consist of summary cards, admission and discharge documents, and inmate case files. The majority of records are not indexed by an inmate's name, but rather their inmate identification number, which is analogous to the date an inmate was admitted into prison.
New York Parole and Probation Information/Records:
When someone is released on parole, he or she are allowed to serve the remainder of his or her time sentenced outside of jail in the community, under supervision, while probation is also supervised, this occurs before and as an alternative to jail or prison time. As long as the convicted person complies with probation conditions, they are allowed to serve their sentence out of custody. Persons on probation in the state of New York must pay a monthly fine of $30 to The New York City Department of Probation. The New York State Board of Parole makes decisions granting or denying eligible inmates serving an "intermediate sentence" parole.
New York Juvenile Criminal Records:
Juveniles, who are children and adolescents convicted of a crime, are found to be labeled as an "adjudicated delinquent." This means they are not convicted the same way an adult would, yet still have a criminal record. After becoming an adult these records can be expunged or sealed (depending on the state) but are not automatically erased, which is commonly mistaken. In New York a juvenile delinquent adjudication should automatically be sealed; however, it remains available to the criminal justice system. If an individual's JD record failed to be sealed, they should file a Sealing Motion in the Family Court in which their case was heard. If an individual is between the ages of 16-18 and convicted of a crime as an adult, they may be treated as a Youthful Offender by the judge. A YO record is not a criminal conviction and is automatically sealed with few exceptions. For certain felonies an individual ages 13-15 may be tried as a juvenile offender; however these felonies cannot be sealed.
New York Expunging Records:
The state of New York differs from some other states in that it has no laws in place to erase criminal records. Instead, New York uses the process of sealing for select cases. An individual may be eligible to apply for sealing if they have not been convicted in over 2 cases, only one of which can be a felony, and have not committed a crime for ten years.
New York Drug Crimes/Records:
Any crime related to drug distribution, use, possession or production of certain controlled substances is considered to be a drug crime. Serious drug crimes are considered felonies in New York. The different drug charges an individual can be charged with committing include but are not limited to the sale of controlled substances, drug possession, drug trafficking, marijuana charges, and narcotics charges. Many variables affect the penalties for drug charges.
New York Employer Rights to Check Criminal Records:
The New York State Human Rights Law protects individuals with past arrest records that were favorably resolved or resulted in either sealed convictions or youthful offender adjudications. In addition, the law protects individuals with prior criminal conviction records. For more information on the New York State Human Rights Law visit https://www.labor.ny.gov/careerservices/ace/employers.shtm